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Dr Lee Swales – UKZN School of Law
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School of Law

Dr Lee Swales

Senior Lecturer
Telephone: +27 31 260 1231
Email swalesl@ukzn.ac.za
Campus: Howard College
Building & Room: School of Law, Suite B, Room 114

Biography:

Dr. Lee Swales is a law lecturer at the School of Law, University of KwaZulu-Natal, and a consultant attorney. Dr. Swales specialises in cyber-crime, technology related law, contract law, and professional training (evidence and procedure).

Dr. Swales is a practicing attorney, and in addition to lecturing at the School of Law at Howard College in Durban, he also sporadically lectures for the Law Society of South Africa, and the South African Judicial Education Institute.

Dr. Swales holds a Bachelor of Laws degree achieved summa cum laude (University of KwaZulu-Natal: 2007), a Master of Laws degree in Regulatory Law (University of the Witwatersrand: 2010), and a PhD in law focusing on electronic evidence (University of Cape Town: 2019). Dr. Swales has also completed two Microsoft information technology certifications – the Microsoft Certified Professional, and the Microsoft Certified System Engineer.

After completing articles of clerkship at leading law firm Webber Wentzel at the end of 2008, Dr. Swales was admitted as an attorney of the High Court in 2009; he remained in full-time practice until 2013. Currently, Dr. Swales lectures cyber law, contract law, advanced contract law (LLM), and professional training.

Academic Qualifications:

  • LLB (summa cum laude) University of KwaZulu-Natal
  • LLM (regulatory law) University of the Witwatersrand
  • PhD (electronic evidence) University of Cape Town

Professional Qualifications

  • Admitted as an attorney of the High Court
  • Microsoft Certified Systems Engineer (M.C.S.E)

Membership of Professional & Other Organisations

  • Law Society of KwaZulu-Natal, formerly a member of the Law Society of the Northern Provinces;
  • Provide assistance to the electronic law committee of the law society of KwaZulu-Natal;
  • Provide ad hoc lecturing on cyber-crime and electronic commerce to the Judicial Education Institute of South Africa;
  • Lecture contract law for the Law Society of South Africa Professional Legal Training for candidate attorneys.
  • One of the founding members of the Association of Intellectual Property Law and Information Technology Law Teachers and Researchers

Research Interests

  • Internet and technology related law
  • Intellectual property
  • Freedom of expression on the internet
  • Data protection
  • Contract law
  • Legal practice, procedure and evidence

Recent Publications

  • L Swales ‘Electronic and Cyber Evidence’ in A Bellengère et al (eds) The Law of Evidence in South Africa Oxford University Press 2 ed (2019) 120 – 156.
  • L Swales ‘Electronic instruments – a presumption of reliability, a presumption of regularity, judicial notice, or none of the above?’ South African Journal of Criminal Justice 2018 (2) 189 – 211.
  • L Swales ‘An Analysis of the Regulatory Environment Governing Hearsay Electronic Evidence in South Africa: Suggestions for Reform – Part One’ Potchefstroom Electronic Law Journal 2018 (21) 2 – 30.
  • L Swales ‘An Analysis of the Regulatory Environment Governing Hearsay Electronic Evidence in South Africa: Suggestions for Reform – Part Two’ Potchefstroom Electronic Law Journal 2018 (21) 2 – 34.
  • L Swales ‘Protection of personal information: South Africa’s answer to the global phenomenon in the context of unsolicited electronic messages (spam)’ (2016) South African Mercantile Law Journal 28(1) 49.
  • A Bellengere & L Swales ‘Can Facebook ever be a substitute for the real thing? A review of CMC Woodworking Machinery (Pty) Ltd v Pieter Odendaal Kitchens 2012 (5) SA 604 (KZD)’ (2016) Stellenbosch Law Review 27(3) 454.
  • L Swales “The regulation of electronic signatures: time for review and amendment” (2015) 15 (2) South African Law Journal 259.

Contributions to the profession:

  • Lecture LEAD courses for candidate attorneys on behalf of the Law Society of South Africa.
  • Participated in the integration of IT law into the LLB curriculum.
  • Assisted in the pilot project rolling out advanced electronic signatures to attorneys in Gauteng and KwaZulu-Natal.
  • Provide assistance to the electronic law committee of the law society of KwaZulu-Natal.
  • Provide ad hoc lecturing on cyber-crime and electronic commerce to the Judicial Education Institute of South Africa.