Position, academic & professional qualifications
Jacolien Barnard is associate professor in the Department Mercantile of Law and holds the degrees LLB (Pret), LLM (UNISA) and LLD (Pret). She was admitted as an attorney of the High Court of South Africa in 2002. She is also an NRF-rated researcher, holding a C2 rating.
Academic and professional experience
Jacolien practiced as an attorney and joined the Department of Justice and Constitutional Development in 2002 as a Senior Legal Researcher to the judges of the High Court of Pretoria. She had her own practice and was a financial advisor at Private Wealth Management until 2007. She joined the Department of Mercantile Law, University of Pretoria in 2008 on a full-time basis. She completed her doctoral thesis with honours entitled: “The influence of the Consumer Protection Act 68 of 2008 on the common law of sale” in 2013. She is also co-author of Van Eeden & Barnard Consumer Protection Law in South Africa 2nd edition (2018) ISBN 978 0 409 12922 9; E-book ISBN number: 978 0 409 07819 0.
Teaching activities
Subjects she has taught include: Business Law, Commercial Law, Consumer Protection Law, Law of Specific Contracts, Advanced Consumer Protection Law and Advanced International Consumer Protection Law.
Areas of specialisation
Her main areas of interest are Consumer Protection Law (national and international); Law of Specific Contracts (Sale, Lease, Agency Surety) and Product Liability Law.
Recent Representative Publications (2016-2018)
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For whom the bell tolls: The application of section 14 of the Consumer Protection Act 68 of 2008 on residential lease agreements - Transcend Residential Property Fund Limited v Mati 2018 4 SA 515 (WCC) THRHR (accepted for publication for 2019 Volume 2).
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Enforcement and Effectiveness of Consumer Law in South Africa (co-authored with Tjakie Naudé University of Cape Town) 565-590 in Miclitz, H & Saumier, G Enforcement and Effectiveness of Consumer Law (2018) Springer.
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Trade unions as suppliers of goods and services (co-authored with Monray Botha, University of Pretoria) SA Merc LJ Volume 2 2018 (accepted for publication for 2018).
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The role of comparative law in consumer protection law: A South African perspective SA Merc LJ Volume 3 2017 353-389.
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An appraisal of section 16 of the Consumer Protection Act 68 of 2008 THRHR 2016 495-503.
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The virtue of cooling-off rights to consumers: ‘be in the habit of choosing the mean’ – a comparative discussion of South Africa, the United Kingdom and Belgium CILSA 2016 Vol 49 1-23.
Recent Papers (2016-2018)
International
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The Role of the Courts in the Application of Consumer Protection Law: A Comparative Perspective co-presented with Emilia Mišćenić, Faculty of Law, University of Rijeka, Rijeka, Croatia, University of Pretoria International Consumer Law Conference (UPICLC), Pretoria, South Africa, 25-27 September 2018.
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The regulation of Alternative Dispute Resolution Institutions in Consumer Redress and Enforcement: A South African Perspective co-presented with CM van Heerden (UP), 20th International Consumer Law and Regulation Conference, London, United Kingdom, 14-15 May 2018.
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Product safety monitoring and recall and the social responsibility of suppliers of defective motor vehicles, 9th Private Law and Social Justice Conference: Private Law and the transformation imperative, Nelson Mandela Metropolitan University, Port Elizabeth (South Africa), 21-22 August 2017.
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The rights and duties of trade unions as the suppliers of consumer goods and services in South Africa co-presented with Monray Botha (UP), University of Pretoria International Consumer Law Conference (UPICLC) 2016: Towards Aligning Consumer Protection in a Global Consumer Market, Pretoria (South Africa) 20-22 September 2016.
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The important role of Comparative Law in Consumer Protection Law: A South African Perspective, American Society of Comparative Law Younger Comparativists Committee Fifth Annual Global Proceeding Conference, Tulane University, New Orleans USA, 3-6 March 2016.
National
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For whom the bell tolls: The application of section 14 of the Consumer Protection Act 68 of 2008 on the lease of residential property, South African Property Law Teachers’ Colloquium 2018, University of Pretoria, Pretoria, 1-2 November 2018.
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The application of the Consumer Protection Act, Seminars for the Law Society of the Northern Provinces (Gauteng and Potchefstroom) August 2018.
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The application of the Consumer Protection Act, Seminar for the Law Society of the Northern Provinces, Pretoria, September 2016.
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Global Trends in the Enforcement of Consumer Protection, hosted by the Department of Trade and Industry, Pretoria, June 2016.
Tel: +27 (0)12 420 2364
Academia:
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(April 2019)
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