1
PROFESSOR JONATHAN BURCHELL: CURRICULUM VITAE OF
ACADEMIC QUALIFICATIONS, EXPERIENCE AND RESEARCH
1.
Qualifications
(a)
Academic
(1)
1968-70 Bachelor of Arts Degree, University of Natal, Pietermaritzburg.
(2)
1971-72 Bachelor of Laws Degree (cum laude), University of Natal, Pietermaritzburg.
(3)
Elsie Ballot Scholarship for post-graduate study at Clare College, University of Cambridge, England.
(4)
1973-74 Master of Laws Degree, University of Cambridge.
(5)
1974-75 Diploma in Comparative Legal Studies, University of Cambridge.
(6)
1982 June - December Visiting Scholar at Clare College, Cambridge.
(7)
1985 PhD (Law of Defamation)(University of the Witwatersrand).
(8)
Elected Fellow of University of Natal for distinguished research achievement, 1996 (approximately
three awarded each year).
(9)
1997 February - May, Visiting Professor, School of Law, University of Nottingham, England.
(10)
2003 Visiting Professor at the University of Aberdeen, Scotland
(11)
Elected Fellow of the University of Cape Town for original distinguished academic work, 2007.
(b)
Professional
1973 admitted Advocate of Supreme Court of South Africa.
Appeared as defence counsel in1979-80 criminal prosecution and test-case challenge to validity of
regulations made in terms of apartheid legislation (Group Areas Act).
Numerous opinions (on defamation, criminal law, stalking etc) done for various clients., including
the South African Law Reform Commission (see Research (95) below)
Consultant to the Law Commission of England and Wales (see Research (90) below)
Expert consultant to the International Commission of Jurists 2006 (see Research (97) below)
Editor (1988-2000) and Editor-in-Chief (2000 to present) of South African Journal of Criminal
Justice.
2.
Previous experience:
(1)
1976, appointed Senior Lecturer in the School of Law of the University of the Witwatersrand
(teaching subjects: criminal law, the law of delict and public international law).
(2)
1 January 1981, promoted to Associate Professor and appointed Deputy-Dean for Undergraduate
Studies at the University of the Witwatersrand.
(3)
1 May 1982, appointed Professor of Law in the University of the Witwatersrand.
(4)
1986, appointed Chairman of the Governing Committee of the School of Law, University of the
Witwatersrand.
(5)
April 1987, appointed Professor of Law in the University of Natal, Pietermaritzburg (teaching
subjects: criminal law and the law of delict).
(6)
1 January 1992, promoted to Professor Level 7.
(7)
1 March 1993 - February 1996, Dean of the Faculty of Law, University of Natal, Pietermaritzburg.
(8)
20 April 1996 elected Fellow of the University of Natal in recognition of distinguished contributions
to knowledge.
(9)
12 - 26 January 1998, Acting Deputy Vice-Chancellor and Pietermaritzburg Principal, University of
Natal.
(10)
Appointed Professor and Head of Department of Criminal Justice, University of Cape Town
February 2001 to December 2005. (teaching subjects: criminal law (LLB) and advanced criminal
law (LLM).
(11)
Appointed Deputy-Dean of the Faculty of Law, University of Cape Town, January 2006 to
December 2006.
(12)
Supervising two PhD students. (one will be graduating in December 2007) and 9 LLM minidissertations supervised to completion.
3.
Research Publications
I have received funding from British Council, CSD, NRF, Attorneys Fidelity Fund and Ernest Oppenheimer
Memorial Trust for research overseas.
3.1
Books
2
(1)
The Law of Defamation in South Africa Jonathan Burchell (1985, Juta and Co Ltd) xxxii & pp 359.
Reviewed (1985) 102 SALJ 557-9.
Extract from the above review:
'... a comprehensive statement of the law in practice for the practitioner, and any person involved in
the business of publication': Professor J R Lund.
Views expressed on negligence-based liability for the media in the book cited with approval by the
Supreme Court of Appeal in National Media Ltd v Bogoshi 1998 (4) SA 1196 (SCA).
(2)
Principles of Criminal Law by Jonathan Burchell and John Milton (1991) Juta & Co Ltd xlvii & pp
669. Book on the general principles (including specific crimes) of the South African criminal law.
This book is intended for all students of criminal theory and practice, especially postgraduate LLB
students, and legal practitioners.
It is prescribed at 12 South African universities.
It is reviewed in (1992) 109 SALJ 349-51 and (1993) 6 SACJ 98-104 .
Extracts from the above reviews:
'Principles of Criminal Law is an excellent textbook on criminal law. It is written in such a way that
a first-year student of criminal law will have no difficulty in understanding and following the
principles involved, but at the same time it contains a sufficient in-depth discussion of the issues of
theory and policy to be of great value to more advanced students and researchers of criminal law.
This book is highly recommended for students and practitioners of criminal law': Professor M C
Maré, Unisa in (1993) 6 SACJ 103-4.
'Principles of Criminal Law is a very good book; it fills a gap in our legal literature and will be of
great value to students, teachers and practitioners': Professor J R du Plessis, University of Fort Hare
in (1992) 109 SALJ 351.
The test for accessory after the fact liability propounded in Principles of Criminal Law was adopted
by the Appellate Division in S v Morgan 1993 (2) SACR 134 (A) at 174a.
(3)
Cases and Materials on Criminal Law John Milton & Jonathan Burchell (1992) Juta & Co Ltd xxiv
& pp 687. Companion volume for Principles of Criminal Law above (2), reviewed by M C Mare in
(1993 6 SACJ 104 and E Kahn (1993) 110 SALJ 191-2.
(4)
Principles of Delict Jonathan Burchell (1993) Juta & Co Ltd xxii & pp 269 Student textbook on the
general principles of the law of delict. This book is intended to place the law of delict in its
contemporary setting and to encourage a critical attitude to the principles and policy issues which
abound in this field. It is designed for use by all students, especially post-graduate LLB students, and
legal practitioners. It is reviewed in (1993) 110 SALJ 644-7 and (1994) 57 THRHR 713-8. Extracts
from the above reviews:
'This is an excellent work, which accomplishes its fully justified goal admirably': Professor Ellison
Kahn in (1993) 110 SALJ 647. 'In die geheel slaag die skrywer uitmuntend in sy doelwit om 'n kort
en kragtige, baie leesbare studenteteks oor die deliktereg te stel. Burchell se Principles of Delict is 'n
welkom toevoeging tot die reeds indrukwekkende literatuur oor 'n dinamiese deel van die reg'
:Professor J C Knobel, Unisa in (1994) 57 THRHR 718.
(5)
Burchell and Hunt South African Criminal Law and Procedure Vol I: General Principles of
Criminal Law 2ed (1983) by the late E M Burchell, J R L Milton and J M Burchell, Juta & Co Ltd.
The last-mentioned author substantially revised the chapter on degrees of participation in crime,
revised a portion of the inchoate offences chapter, and wrote a new section on causation for this
edition.
(6)
South African Criminal Law and Procedure Vol 1 General Principles of Criminal Law 3ed (1997)
Jonathan Burchell, Juta & Co Ltd. Professor Dendy in 1997 De Rebus 757 concludes his review of
the 3rd edition with these words:
‘The third edition of the General Principles volume is both thorough and thought-provoking and a
worthy successor to the work of the author’s late father. Professor Burchell is to be congratulated on
its appearance.’
(7)
Principles of Criminal Law 2ed (1997) Jonathan Burchell and John Milton, Juta & Co Ltd.
3
Professor Angelo Pantazis of Wits, reviewing this edition and the books referred to in (5) above and
(8) below, concludes in (1998) 115 SALJ 577: ‘Because these books combine the best of the past
with the promise of the future, they are the best, most exciting books on the substantive criminal law
in South Africa today.’
(8)
Cases and Materials on Criminal Law 2ed (1997) Jonathan Burchell and John Milton, Juta & Co
Ltd. Reviewed 1997 De Rebus 757: ‘a handy compendium and companion volume.’ Third edition
of Cases and Materials on Criminal Law currently in preparation.
(9)
Personality Rights and Freedom of Expression : The Modern Actio Injuriarum (1998) Juta & Co
Ltd xxviii & pp 541. Mervyn Dendy in 1999 De Rebus 71 states that this book ‘consolidates his
(Burchell’s) reputation as one of this country’s two leading authorities on the actio injuriarum’.
Judge Cameron in a personal letter to the author (dated 12 April 1999) wrote of Personality Rights:
‘The book as a whole reads beautifully, and I like the narrative style, questions and excerpting
pattern. Long may it live to become a classic.’
(10)
Principles of Criminal Law 3ed (2005) Juta and Co Ltd lxix and pp 1047. Reviewed (2005) 122
SALJ 696-702; 2005 TSAR 901-2; (2006) 19 SACJ 79.
Professor Kent Roach of the University of Toronto in SACJ:
‘Professor Jonathan Burchell’s third edition of Principles of Criminal Law makes a major and
lasting contribution to the understanding of criminal law that will be of interest to students of
criminal justice in South Africa, and to students of comparative criminal justice…This book is a
major scholarly achievement and students and practitioners in South Africa, and indeed
throughout the world, are in Professor Burchell’s debt.’
Professor Shannon Hoctor of the University of Natal in SALJ:
‘Burchell has produced a massive and masterly tome which compellingly testifies to his preeminence as a criminal law academic in South Africa…All things considered, there can be no
doubt that the third edition of Principles of Criminal Law is a major work in the fullest sense of
the word. Through his insight and industry Burchell has produced a text of the highest quality,
one that will indubitably have a significant effect both in the university and in practice, and will
resonate in the development of criminal in the future.’
In a personal assessment supporting a nomination of the third edition of Principles of Criminal Law for
a UCT book award, Professor Andrew Ashworth, Vinerian Professor of English Law at Oxford, ,
concludes that it is ‘on a par with’ the leading English and Canadian works on criminal law and, in
regard to ‘normative considerations and critical perspectives…goes beyond Smith and
Hogan and Stuart’. Ashworth concludes that the third edition of Principles of Criminal Law
constitutes a ‘substantial contribution to international scholarship in criminal law’.
The third edition of Principles was awarded a UCT Meritorious Publication Award in
2007.
Presented with leather-bound copy of third edition of Principles of Criminal Law at
2006 Southern African Law Teachers Conference by publishers, Juta, in recognition of
success of book and author’s contribution.
3.2
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(5)
Articles in refereed journals, chapters in books and reviews (all publications in journals except
those in Businessman's Law are in refereed journals). Chapters in books are indicated *.
(1974) 91 South African Law Journal 178-207, 'The Criteria of Defamation'. Approach suggest in
this article adopted (with approval) by Appellate Division in Mahomed v Jassiem 1996 (1) SA 673
(A) at 707.
*1975 Annual Survey of South African Law 345-63, chapter on Insurance Law.
(1976) 93 South African Law Journal 254-5, book review of The Index to the South African Law
Journal.
(1976) 93 South African Law Journal 265-271. 'Is the Adulterers' Home their Castle? A Case of
Criminal Injuria'.
(1976) 93 South African Law Journal 365-8, book reviews of Winfield and Jolowicz on Tort 10 ed
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and Clerk and Lindsell on Torts 14 ed.
*1976 Annual Survey of South African Law 159-95, chapter on the Law of Delict.
(1977) 94 South African Law Journal 5-8, 'Dignitas: Subjective or Objective?' Cited with approval
by the Appellate Division in Delange v Costa 1989 (2) SA 857 (A) at 862C-D.
(1977) Vol 6 No 4 Businessman's Law 109-11, 'Liability of Hospitals for Negligence'.
(1977) 94 South African Law Journal 235-7, book review, 'Compensation and Rehabilitation' by
Harold Luntz.
(1977) 94 South African Law Journal 282-90, 'Duress and Intentional Killing'.
*1977 Annual Survey of South African Law 172-219, chapter on Law of Delict.
(1978) 95 South African Law Journal 170-9, 'The Fault Element in the Law of Defamation'.
(1978) 95 South African Law Journal 193-216, 'Non-Therapeutic Medical Research on Children'.
(1978) Vol 7 Number 5 Businessman's Law 121-2, 'Confidential Information'.
(1979) 96 South African Law Journal 1-4, 'Defamatory Matter'.
(1970) 96 South African Law Journal 169-73, 'Necessity as a Defence to Making Conflicting
Sworn Statements'.
*1978 Annual Survey of South African Law 237-89, chapter on Law of Delict.
(1979) 96 South African Law Journal 502-6, review of M M Loubser Theft of Money in South
African Law (1978).
*1979 Annual Survey of South African Law 179-216, chapter on the Law of Delict.
(1980) 97 South African Law Journal 1-14. `The Birth of a Legal Principle - Negligent Misstatement Causing Pure Economic Loss'.
(1980) 97 South African Law Journal 172-6, review of The Criminal Law of Scotland (2ed) be
Gerald H Gordon.
(1980) 97 South African Law Journal 212-7, `Strict Liability for Defamation by the Media and
Freedom of Speech'.
(1980) 97 South African Law Journal 494-7, review of Delict: Principles and Cases by J C van der
Walt (1979).
(1980) 43 Tydskrif vir Hedendaagse Romeins Hollandse Reg 206-8, 'Minister van Polisie v Gamble
1979 4 SA 759 (A)'.
(1980) 97 South African Law Journal 690-2, review of Aspects of Legislation for Health Service
Personnel (3ed) (1979), edited by S A Strauss.
*(1980) Annual Survey of South African Law 174-221, chapter on the Law of Delict.
* Genetics and Society ed G C Oosthuizen, H A Shapiro and S A Strauss (1980, (Oxford University
Press) 74-87, chapter entitled ‘Human Experimentation - Basic Legal Norms’.
(1981) 98 South African Law Journal 1-6, 'The Policy Limits for Recovery of Pure Economic Loss'.
(1981) 98 South African Law Journal 177-93, 'Intoxication and the Criminal Law'.
(1981) 98 South African Law Journal 440-2, review of Alcohol, Drugs and Road Traffic by W E
Cooper, T G Schwar and L S Smith.
(1981) 98 South African Law Journal 447-9, review of Doctor, Patient and the Law by S A Strauss.
(1981) 11 Businessman's Law 74-7 and 107-10. Two-part article entitled 'The Road Ahead - No-fault Compensation for Motor Accident Victims'.
*1981 Annual Survey of South African Law 221-38, section on Law of Defamation.
(1982) South African Law Journal 466-70. Review of Strafreg by C R Snyman.
(1982) South African Law Journal, 494-5, review of Torts: Cases and Commentary by H Luntz, D
Hambly and R Hayes.
*1982 Annual Survey of South African Law 169-212, chapter on the Law of Delict.
*Fiat Iustitia - Essays in Memory of Oliver Deneys Schreiner (1983) 172-87, article entitled 'The
Administration of Justice and the Defence of Privilege in Defamation'.
*1983 Annual Survey of South African Law 198-221, chapter on the Law of Delict.
(1984) 101 South African Law Journal 403-5, review of Tortious Liability for Unintentional Harm
in Common Law and the Civil Law, volumes I and II, F H Lawson and B S Markesinis.
*Attitudes to Clinical Experimentation in South Africa ed G C Oosthuizen, H A Shapiro, S A
Strauss (1985, Hodder and Stoughton) 94-106, chapter entitled 'Experimentation on Children'.
(1985) 102 South African Law Journal 562-5, review of Damages for Lost Income by Robert J
Koch.
*1985 Annual Survey of South African Law 179224 (joint contribution with Mr Mervyn Dendy (50
per cent)).
1986 South African Journal of Continuing Medical Education 56-60, article entitled 'Legal Aspects
of Medical Research'.
(1986) 103 South African Law Journal 318-21, Review of Law, Ethics and Medicine - Studies in
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Medical Law by P D G Skegg.
(1986) 5 Medicine and Law 293-302 'Informed Consent - Variations on a Familiar Theme'.
(1987) 3 South African Journal on Human Rights 377-81 'Judicial Control of Arrests and Detention
: Theory and Reality'.
(1988) 4 South African Journal on Human Rights 1-20 'Beyond the Glass Bead Game: Human
Dignity in the Law of Delict'.
(1988) 1 South African Journal of Criminal Justice 18-34 'Heroes, Poltroons and Persons of
Reasonable Fortitude - Juristic Perceptions on Killing under Compulsion'.
*1988 Acta Juridica 216-33 (also published separately as a chapter in a book) 'Experimentation on
Human Subjects : Protecting Dignity and Advancing Medical Science'.
(1988 ) 1 South African Journal of Criminal Justice 157-61 'S v Beukes 1988 (1) SA 511 (A)'.
(1988) 1 South African Journal of Criminal Justice 274-80 'Intoxication after Chretien - Parliament
Intervenes'.
(1988) 4 South African Journal on Human Rights 375-91 'Contempt of Court by the Media :
Another opportunity to extend press freedom is lost'.
(1988) 105 South African Law Journal 607-11 Review of Hart and Honore's Causation in the Law
2ed.
(1989) 'Beyond the Glass Bead Game : Reshaping Academic Legal Research' : Inaugural lecture
published by University of Natal Press.
(1989) 106 South African Law Journal 578-80; 580-1, Reviews of Trynie Davel Skadevergoeding
aan Afhanklikes and Salmond and Heuston on the Law of Torts 19 ed (1987).
(1989) 19 Businessman's Law 99-102 'An evaluation of Anton Piller Orders I'.
*Essays in Honour of Ellison Kahn (1989) 62-86 'Of more than academic importance - applied
legal research overshadows pure legal science'.
(1990) 19 Businessman's Law 113-5 'An evaluation of Anton Piller Orders II'.
(1990) 19 Businessman's Law 195-7 'Aids and the Law I’.
(1990) 19 Businessman's Law 255-8 'Aids and the Law II'.
(1990) 20 Businessman’s Law 27-9 'Aids and the Law III'.
(1990) 107 South African Law Journal 168-75 'Mistake or ignorance as to the causal sequence'.
(1990) 107 South African Law Journal 192-6 'Old Authorities determine the scope of the advantage
element in extortion'.
(1990) 3 South African Journal of Criminal Justice 345-54 'S v Nzo 1990 (3) SA 1 (A): common purpose liability'.
(1991) 20 Businessman’s Law 109-112 'Criminal Negligence'.
(1991) 20 Businessman's Law 155-8 'Delict in a Bill-of-Rights Era' I.
(1991) 20 Businessman's Law 175-7 'Delict in a Bill-of-Rights Era' II.
(1991) 20 Businessman's Law 195-7 'Corporate Confidences and Calumny'.
(1992) 21 Businessman's Law 103-5 Joie de vivre and the unconscious victim'.
(1992) 21 Businessman's Law 152-4 `The Errors of Others' I.
(1992) 21 Businessman's Law 169-71 'The Errors of Others' II.
(1992) 21 Businessman's Law 195-7 'Poison, Police Hit Squads and the Public Interest' I.
(1992) 21 Businessman's Law 227-8 'Poison, Police Hit Squads and the Public Interest' II.
(1993) 6 South African Journal of Criminal Justice 'The temptations of trust (or trussed) money'
72-5.
(1995) 8 South African Journal of Criminal Justice 37-42 'Non-pathological Incapacity-Evaluation
of Psychiatric Testimony'.
(1995) 112 South African Law Journal 'The Role of the Police: Public Protector or Criminal
Investigator?' 211-216.
*Southern Cross ed R Zimmermann & D Visser (1996, Clarendon Press, Oxford) 639-653, chapter
19 entitled ‘The Protection of Personality Rights’.
(1997) 10 South African Journal of Criminal Justice 125-140 ‘Joint Enterprise and Common
Purpose: Perspectives in English and South African Criminal Law’.
(1998) 11 South African Journal of Criminal Justice - Preface to the 10th Anniversary issue (edited
by JM Burchell) ‘Criminal Justice and Constitutional Rights: An Introduction to the Tenth
Anniversary issue of South African Journal of Criminal Justice’ iii-viii.
(1999) 116 South African Law Journal ‘Media freedom of expression scores as strict liability
receives the red card’ 1-11.
(1999) 116 South African Law Journal 11-12 (tribute to Professor Ellison Kahn on his retirement
after 50 years as Editor of SALJ).
(1999) 116 South African Law Journal 697-711 ‘An encouraging prognosis for claims for damages
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for negligently inflicted psychological harm : Barnard v Santam Bpk 1999 (1) SA 202 (SCA)’.
(1999) 116 South African Law Journal 729-733 ‘Onus of Proof in Aquilian Action:A Wrong
Turning’.
(2000) 13 South African Journal of Criminal Justice 200-23 ‘Deadly Force and Fugitive Justice in
the Balance: The Old and the New Face of Section 49 of the Criminal Procedure Act’.
*Developing Delict—Essays in Honour of Robert Feenstra (also 2000 Acta Juridica) ed T J Scott
and Daniel Visser 99-132, (2001) Juta Law.
(2001) 14 South African Journal of Criminal Justice 225-232 ‘Legislative lapses and the reach of the
criminal law: another perspective on S v Rheeder’.
(2001) 14 South African Journal of Criminal Justice 363-72 ‘Unravelling compulsion draws
provocation and intoxication into focus’.
*(2002) 119 South African Law Journal 579-602 'Criminal justice at the crossroads' (also published
by UCT in inaugural lecture series, inaugural lecture delivered 24 April 2002);
*(2003) Acta Juridica (entitled Criminal Justice in a New Society--Essays in Honour of Solly
Leeman) 'A provocative response to subjectivity in the criminal law' 23-47 and Preface xi-xxii;
*2003 Appendix F 'Partial Defences to Murder' in Consultation Paper no 173: The Law
Commission (England and Wales): http://www.lawcom.gov.uk. (15 716 words);
(2004) 8 Edinburgh Law Review 231-48 (with Professor Christopher Gane) 'Shamelessness
Scotched: The Domain of Decency in Scots Criminal Law';
*Chapter 13 ‘Criminal Law’ in Introduction to the Law of South Africa 447-91 Kluwer Law
International 2004;
*Chapter in Mixed Legal Systems in Comparative Perspective—Property and Obligations in Scots
and South African Law ed Zimmermann, Visser and Reid (2004) ‘Impairment of Reputation,
Dignity and Privacy’ (with Kenneth McK Norrie) 545-575 (OUP and Juta);
*Chapter in Festchrift for Callie Snyman ‘A saga of snitches and whistleblowers: The boundaries of criminal
liability for breach of statutorily-imposed duties especially in the context of organised crime’ completed in 2005,
to be published in 2007 (10 044 words);
Report on the feasibility of the recommendations contained in South African Law Reform Commission Paper
700: Project 130: Stalking (Draft Report) and the Draft Bill prepared by the South African Law Reform
Commission (entitled Prevention of Stalking and Harassment Bill), read in the light of the SALRC Issue Paper
22 and Discussion Paper 108 on Stalking (2006) (61354 words);
*Paper entitled ‘Personality Rights in South Africa: Reaffirming Dignity’ (11 451 words) for
Conference on Personality Rights at University of Strathclyde, Scotland, May 2006, to be published
by Glasgow University Press..
*Expert report (8 768 words) ‘Joint Liability and Corporate Complicity’ for the International
Commission of Jurists Corporate Complicity in International Crimes Project posted on ICJ website
(2006);
*Two revised reprints of third edition of Principles of Criminal Law completed in 2005 and 2006.
*Chapter entitled ‘A personal and academic tribute to John Milton: Reflections on aspects of the reform of the
law of sexual offences in South Africa’ in The Exemplary Scholar: Essays in honour of John Milton
(2007) Juta 27-44;
*Substantially revised third edition of Cases and Materials on Criminal Law (2007) Juta and Co Ltd i-xxix and
pp1136 .
Invited to contribute a chapter on South Africa’s substantive criminal law to the Stanford Handbook
of Comparative Criminal Law, which will be published by Stanford University Press early in 2009.
Jonathan Burchell
December 2007