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Clement Marumoagae

Clement Marumoagae is a Senior Lecturer having joined the School of Law on 01 February 2016. He was previously employed as a Senior Lecturer and practicing attorney at the North West University (Mafikeng Campus) at its Law Clinic.


Name: Clement Marumoagae
Position: Senior Lecturer
Unit: School of Law
Qualifications: LLB LLM (Wits) LLM (NWU)
Diploma in Insolvency Law and Practice (UP)
Postgraduate Certificate in Media Law, Broadcasting Law, and
Intellectual Property Law. 
Tel: 27 (0) 11 717 8492
Room: Office 87, Oliver Schreiner School of Law

Mr Marumoagae is a practising attorney who is duly registered with the Law Society of the Northern Provinces. Clement is currently pursuing his PHD in law in Child Relocation Disputes at the University of Cape Town. 

Teaching Responsibilities

Criminal Procedure, Civil Procedure and Evidence.

Areas of Research & Supervision (IRE & LLM)

Pension Law, Family Law, Labour Law, Insolvency Law and Legal Research & writing and Criminal Procedure.


Books & edited chapters:

Clement Marumoagae “South African Law regarding Employees Resignation due to Employers Conduct” in Frenkel (ed) Selected Issues in Public Private Law (Athens Institute for Education and Research: 2015) 111-121

Clement Marumoagae "Teaching legal research and writing at undergraduate LLB level: North West University experience" in Mokoena and Oosthuizen Nuances of Teaching, Learning and Research (2014: Andcork Publishers)

Journal articles:

Motseotsile Clement Marumoagae 'Section 13A of the PFA: Employer’s Failure to Pay Employees Contribution to the Employees’ Pension Fund' 29 (2015) 1 Speculum Juris 68 – 85

Clement Marumoagae  'Factors justifying forfeiture of patrimonial benefits orders Molapo v Molapo (2013) ZAFSHC 29 14 Mar 2013' 36 (2015) 1 Obiter 232-242

Clement Marumoagae “The Regime of Forfeiture of Patrimonial Benefits in South Africa and a Critical Analysis of the Concept of Unduly Benefited” 2014 (1) De Jure 85 – 100

Motseotsile Clement Marumoagae ‘A Critical Discussion of a Pension Interest as an Asset in the Joint Estate of Parties Married in Community of Property’ 2014 (1) Speculum Juris 54-73.

Motseotsile Clement Marumoagae ‘Non-member’s Entitlement to the Pension Interest of the Member’s Pension Fund’ 19 (2014) 6 PER 2488-2524

MC Marumoagae ‘Do Boards of Trustees of South African Retirement Funds owe Fiduciary Duties to both the Funds and the Fund Members? The Debate Continues’ 2012 (15) 2 PER 554-569

MC Marumoagae ‘Disability Discrimination and the Right of Disabled Persons to Access the Labour Market’ 2012 (15) 1 PER 345-365

Motseotsile Clement Marumoagae 'Does collaborative divorce have a place in South African family law?' (Forthcoming: De Jure)

Clement Marumoagae ‘Prejudice resulting from the "debt" created by rule 14.10.9 of the government employees’ pension fund rules’ (Forthcoming: PER)

Clement Marumoagae ‘The need for effective management of pension funds schemes in South Africa in order to protect member’s benefits (Forthcoming: THRHR)

Other Peer Reviewed Articles

Clement Marumoagae "Legal Protection Afforded (or which should be Afforded) to Domestic Partners in South Africa" International Family Law 2014 (2)

Motseotsile Clement Marumoagae ‘The effect of the global economic recession on the South African labour market’ 2014 (5) MJSS 380 - 389.

Non-Accredited Articles

Clement Marumoagae “Divorce debt” created by the government employees’ pension fund (Forthcoming De Rebus)

Clement Marumoagae ‘Entitlement to Pension Interest upon divorce! A Reply’ (Forthcoming to De Rebus)

The Beginning of the End- Dissolution of Marriage under Accrual System De Rebus July 2015: 38

Clement Marumoagae 'Allowable Deductions from Employees' Salaries' (2015)   8 Business Update 37-38.

Clement Marumoagae “Dilution of the right to strike by paying a gratuity to non–striking employees during a protected strike” De Rebus May 2012: 2         

Clement Marumoagae ‘Condemning the leaking of Public Protector Provisional Reports’ De Rebus May (2014) 32-34

Clement Marumoagae ‘The Role Candidate Attorneys in the Legal Profession’ De Rebus July 2014 54-55.

Clement Marumoagae ‘Deducting amounts from salaries and failing to pay’ De Rebus November 2014 29.

Clement Marumoagae “Breaking up is hard to do, or is it? The Clean Break Principle Explained” De Rebus 2013 October 2013: 38.

Clement Marumoagae “The Role of University Law clinics in Training Candidate Attorneys De Rebus September 2013:34.

Clement Marumoagae ‘The Role of Children’s Views during Divorce’ De Rebus May 2012:38.

Clement Marumoagae ‘The Role of the police in fighting acts of domestic violence’ De Rebus May 2011, 26.

Clement Marumoagae ‘Forfeiture of patrimonial benefits: It’s not what what’s fair’ De Rebus July 2011: 21.

Conference papers:

Clement Marumoagae “Integrating Candidate Attorneys in the Operations of University Law Clinics” Paper presented at AULAI Winter Conference held at the University of Western Cape June/July 2011.

Clement Marumoagae “Massive Scale Land Invasions and the Rights of Private Land Owners: Revisiting Chief Justice Langa’s thoughts in President of the Republic of South Africa and Another v Modderklip Boerdery (Pty) Ltd 2005 (5) SA 3 (CC)” Paper presented at UCT ACTA Juridica Conference in Honour of Former Chief Justice Pius Langa held at University of Cape Town, 16-17 January 2013.

Clement Marumoagae “Non-member’s Entitlement to the Pension Interest of the Member’s Pension Fund” paper presented at Southern African Law Teachers Association Conference held at the University of Witwatersrand, 13-15 January 2013.

Clement Marumoagae “South African Law regarding Employees Resignation due to Employers Conduct” paper presented at the 11th Annual International Conference on Law 14-17 July 2014, Athens, Greece (published at

Clement Marumoagae “Does Collaborative Divorce have a Role to Play in South African Family Law” paper presented at the Private Law and Social Justice Conference 2014, 18 and 19 August 2014, Port Elizabeth.

Clement Marumoagae 'Retirement Fund Members Withdrawal of Retirement Fund Benefits before Retirement Age' paper presented at the 2nd Annual International Mercantile Law Conference 2014, 05 - 07 November 2014, Bloemfontein.

Clement Marumoagae 'Division of Accrued Pension Benefits before Spouses Divorce: Lessons from Section 8 of the Matrimonial Property Act' paper presented at Pension Funds: Strengthening Social Security in the Age Of Retirement Reforms And Financial instability held at Michelangelo Hotel, Sandton, Johannesburg 17-18 March 2015

Clement Marumoagae 'Bridging the gap between the theory and practice of law by introducing law students to the dynamics of legal writing' paper presented at   the Intercampus Research Day: New developments in law (North-West University Faculties of Law) held at Magaliesburg 12 June 2015.

Clement Marumoagae ‘Research proposal writing at undergraduate LLB level: A North-West University experience’ paper presented at The Scholarship of Teaching and Learning Conference 30-31 October 2014 held at North West University (Mahikeng Campus)

Motseotsile Clement Marumoagae ‘The need for South African Pension Funds to Adhere to Good Corporate Governance’ paper presented at SALTSA conference held at Varsity College, Durban 6 - 8 July 2015.

 Clement Marumoagae ‘Should assets of a discressionary family trust to which one of the parties is a trustee form part of the joint estate of parties married in community of property’ paper presented at a Family Law Colloquium held at University of Kwa Zulu Natal, Durban 28 September 2015

Papers Presented at Seminars

Clement Marumoaage ‘A critical discussion of the controversies relating to the proposal policy regarding preservation of retirement funds when members of pension funds withdraw from their pension funds before retirement age’ paper presented at a 2015 Seminar Series held by the NWU (Mafikeng Campus) Faculty of Law on 02 December 2015.

Clement Marumoaage ‘The Role of the Office of the Pension Funds Adjudication within   the Retirement Industry with particular reference to the     weight and enforcement of the determinations issues by the Pension's Adjudicator’ paper presented at a 2015 Seminar Series held by the NWU (Mafikeng Campus) Faculty of Law on 15 December 2015.