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Criminal and Procedural Law

Aifheli Enos Tshivhase was appointed Associate Professor in Public Law (July 2014), at Nelson Mandela University in Port Elizabeth. He became the Head of Department of Criminal and Procedural Law with effect from March 2016. Tshivhase taught Constitutional Law, Private International Law (Conflict of Laws), and Environmental Law at LLB level. He is currently responsible for African Customary Law and has introduced a new course focusing on Law and Regional Integration in Africa.  He has also taught law at the Universities of Cape Town (about ten years) and Johannesburg (in 2013). In these institutions he taught various subjects including Constitutional Law, Human Rights Law, International Law, Business Law, Criminal Procedure, Law and Regional Integration in Africa (LLM) - a course he co-founded at UCT.

Tshivhase obtained the degrees BJuris and LLB at the University of Venda and an LLM in Human Rights and Democracy in Africa jointly at the Universities of Pretoria and Ghana in 2001, and was part of the pioneer group for the latter degree. After obtaining his LLM, he served an internship at the Parliament of the Republic of South Africa and thereafter joined the Constitutional Court of South Africa as a clerk to Judge Kate O'Regan. He joined the South African Air Force in 2002 as a Defence Counsel (Lieutenant) and he is currently enlisted as Captain (part-time). He is also admitted as an advocate of the High Court of South Africa.

Tshivhase was awarded a PhD in Public Law in 2012 (UCT) for a thesis which focused on the judicial independence of military courts in a democratic South Africa, under the supervision of Professor Hugh Corder. He is published in the area of military courts locally and internationally. He also recently started researching in the field of decolonisation and Africanisation of legal education in South Africa. Tshivhase has presented at a number of conferences including international conferences by invitation such as conferences on military justice at the Yale Law School in the United States (Nov 2014) and Melbourne Law School in Australia (Nov 2011). He serves as a regular peer-reviewer for a number of South African journals and external examiner of theses and courses for a number of law faculties in South Africa. Tshivhase's research interests are military courts and human rights, decolonisation and Africanisation of legal education in South Africa, and public law aspects of law and regional integration in Africa. He welcomes supervision in these and related areas.

Recent select publications:

Aifheli Enos Tshivhase ‘Financial Security of Military Judges in South Africa’ South African Journal of Military Studies Vol 45(2) (2017) 81-104

Aifheli Enos Tshivhase ‘The future of military summary trials in the modern age’ in Alison Duxbury & Matthew Groves (eds.) Military Justice in the Modern Age (2016) 347-364 (Cambridge University Press)

Aifheli Enos Tshivhase ‘Institutionalising a military judicial office and improving security of tenure of military judges in South Africa’ Journal on Law, Democracy & Development Vol 19 (2015) 79-93


Interesting facts:

Tshivhase was recently appointed by the Council on Higher Education (CHE) to serve as a member of the four person’s national task team to develop an appeals policy against the accreditation and other quality assurance decisions taken by the Higher Education Quality Committee (HEQC) from 01 September 2018 until 31 March 2019. The appeal system will have far-reaching implications on the entire higher education sector in South Africa as there is currently no such system.

He was appointed to serve as a member of the Civilian Oversight Committee for the Metro Police at Nelson Mandela Bay Municipality in 2017.

In May 2016 Tshivhase was appointed by the South African Law Deans’ Association (SALDA) to serve on its national task team on the decolonisation and Africanisation of legal education in South Africa and played a leading role in organising a national workshop and conference on the subject in 2016 and 2017 respectively.

Tshivhase is a recipient of the Fox International Fellowship at Yale University (2009 - 2010). He was elected by his peers as chairperson (1997-1998) and deputy-chairperson (1996-1997) of the Law Students Council respectively at the University of Venda. He is also a recipient of the Abe Bailey Travel Bursary to tour England for a month in 1999 - this award is made for exceptional leadership qualities. While at UCT he was appointed by the Minister of Justice to serve on the advisory committee looking into the review of defence legislation to ensure its compliance with the Constitution of South Africa and assumed editorial leadership of the committee.

Tshivhase is also responsible for translating the Universal Declaration of Human Rights from English to Tshivenda (one of South Africa's eleven official languages). The translated version, approved by the United Nations can be found here.

Tshivhase is well-travelled and has been to many countries including: Australia, Benin, Burkina Faso, Ghana, Ivory Coast, Mozambique, New Zealand, Niger, Tanzania, Togo, Tunisia, United Kingdom, and United States of America.