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Staff Profile

Professor Marius Pieterse

QualificationsLLM, LLB, PhD, BLC
Phone 0117178452
Organisational Unit School of Law

M arius joined the School of Law as a lecturer in 1999, having previously worked as an academic co-worker at the University of Pretoria and as researcher to Judge LWH Ackermann at the Constitutional Court. He is currently a professor in the School of Law. From 2007-2011, he was also the Assistant Dean of research in the Faculty of Commerce, Law and Management. He teaches and supervises research at both undergraduate and postgraduate level, in the areas of constitutional law, human rights law and health law.

Marius has published extensively, in areas including human rights law, constitutional law, family law, health law, and urban development. He holds a B2 rating from the National Research Foundation. He has published both nationally and internationally, regularly delivers guest lectures at other faculties and institutions, and regularly presents his work at national and international academic conferences and policy workshops. The majority of Marius' recent research has focused on the enforcement of health-related socio-economic rights and the reform of the South African health system, which was also the focus of his PhD thesis. More recently, he has worked in the area of urban social justice, and he is currently pursuing research on the right to the city and the relationship between law, the production of urban space, and the achievement of social justice and transformation. Marius is a former editor of the South African Journal on Human Rights and a former member of the editorial board of the Tydskrif vir Hedendaagse Romeins-Hollandse Reg. In the field of health and human rights, he is currently a member of the Board of Directors of Section 27, a human rights organisation involved with activism, research and litigation pertaining mainly to health-related socio-economic rights. In 2009, he served as a panel member at the South African Human Rights Commission's public hearings on the achievement of the right to health. In the field of urban social justice, he is currently the joint co-ordinator of the International Research Group on Law and Urban Space (IRGLUS).


BOOKS: Published: • Can Rights Cure? The Impact of Human Rights Litigation on South Africa’s Health System (PULP, 2014). ACCREDITED JOURNAL ARTICLES: International Journals Listed on ISI or IBSS: Published: • “May Real Men Cry in Court? Masculinity, Equality and the South African Constitutional Court” (2014) 40 Journal of Southern African Studies 361-379. • "Rights and the City: An Exploration of the Interaction between Socio-economic Rights and the City" (2012) 23 Urban Forum 257-278 [with Thomas Coggin]. • "Impeding Access? Stigma, Individual responsibility and Access to Post-HIV-Exposure prophylaxis (PEP) in South Africa" (2011) 30 Medicine and Law 279-294. • “Health, Social Movements and Rights-based Litigation in South Africa” (2008) 25 Journal of Law and Society 364-388. • “The Legitimizing/Insulating Effect of Socio-economic Rights” (2007) 22 Canadian Journal of Law and Society 1-20. • “Eating Socio-economic Rights: The Usefulness of Rights-talk in Alleviating Social Hardship Revisited” (2007) 50 Human Rights Quarterly 796-822. • “The Potential of Socio-economic Rights Litigation for the Achievement of Social Justice: Considering the Example of Access to Medical Care in South African Prisons” (2006) 50 Journal of African Law 118-131. • “Possibilities and Pitfalls in the Domestic Enforcement of Social Rights: Contemplating the South African Experience” (2004) 26 Human Rights Quarterly 882-905. Forthcoming (submitted for publication): • “Law, Rights, Space and Sexual Citizenship in South Africa” – submitted to Social Dynamics, July 2014. • “Perverts, Outlaws and Dissidents: (Homo)sexual Citizenship and Urban Space in Johannesburg” – submitted to Urban Forum, December 2014. South African Journals listed on ISI or IBSS: Published: • “Development, the right to the city and the legal and constitutional responsibilities of local government in South Africa” (2014)131 SALJ 149-177. • Procedural Relief, Constitutional Citizenship and Socio-economic Rights as Legitimate Expectations" (2012) 28 SAJHR 359-379. • "Disentangling Illness, Crime and Morality: Towards a Rights-based Approach to HIV Prevention in Africa" (2011) 11 African Human Rights Law Journal 57-74. • "Children's Access to Health Care Services Within and Outside of the Parent-Child Relationship" (2010) 73 THRHR 230-247. • "Relational Socio-economic Rights" (2009) 25 SAJHR 198-217. • "Placing Human Rights in the Centre of Public Health: A Critique of Minister of Health, Western Cape v Goliath" (2009) 126 SALJ 231-245 [with Adila Hassim]. • "Finding for the Applicant? Individual Equality Plaintiffs and Group-based Disadvantage" (2008) 24 SAJHR 397-424. • "The Interdependence of Rights to Health and Autonomy in South Africa" (2008) 125 SALJ 553-572. • “Health Care Rights, Resources and Rationing” (2007) 124 SALJ 514-536. • “Indirect Horizontal Application of the Right to have Access to Health Care Services” (2007) 23 SAJHR 157-179. • “Resuscitating Socio-economic Rights: Constitutional Entitlements to Health Care Services” (2006) 22 SAJHR 473-502. • “Towards a Reconciliation of Contract Law and Constitutional Values: Brisley and Afrox Revisited” (2005) 122 SALJ 865-895 [with Deeksha Bhana]. • “Coming to Terms with Judicial Enforcement of Socio-economic Rights” (2004) 20 SAJHR 383-417. • “Equality in the Global Village” (2003) 36 CILSA 172-197. • “Towards a Useful Role for Section 36 of the Constitution in Social Rights Cases? Residents of Bon Vista Mansions v Southern Metropolitan Local Council” (2003) 120 SALJ 41-48. • “The Right to be Free from Public or Private Violence after Carmichele” (2002) 119 SALJ 27-39. • “Religious Confusion: Christian Education South Africa v Minister of Education” (2001) 64 THRHR 672-678. • “It’s a ‘Black Thing’: Upholding Culture and Customary Law in a Society Founded on Non-Racialism” (2001) 17 SAJHR 364-403. • “Divorced Parents and the Religious Education of their Children: Allsop v McCann” (2001) 118 SALJ 216-224 [with Elsje Bonthuys]. • “Constructing Freedom Jurisprudence” (2001) 118 SALJ 87-101. • “Towards Comparable Worth: Louw v Golden Arrow Bus Services” (2001) 118 SALJ 9-18. • “Many Sides to the Coin: The Constitutional Protection of Religious Rights” (2000) 33 CILSA 300-317. • “Still Unclear: The Validity of Certain Customary Marriages in terms of the Recognition of Customary Marriages Act” (2000) 63 THRHR 616-625 [with Elsje Bonthuys]. • “The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000: Final Nail in the Customary Law Coffin?” (2000) 117 SALJ 627-635. • “The Constitutional Court Decides on Bail” (2000) 117 SALJ 31-41. • “Discrimination through the Eye of the Beholder” (2000) 16 SAJHR 121-137. • “Foreigners and Socio-Economic Rights: Legal Entitlements or Wishful Thinking?” (2000) 63 THRHR 51-61. • “A Different Shade of Red: Socio-Economic Dimensions of the Right to Life in South Africa” (1999) 15 SAJHR 372-385. • “Traditional Leaders Win Battle in Undecided War” (1999) 15 SAJHR 179-187. Forthcoming (submitted for publication): • “A Right to Transport? Moving Towards a Rights-based Approach to Mobility in the City” [with Thomas Coggin] – submitted to SAJHR, December 2014. South African Journals listed by DNE: Published: • “The Right to the City and the Urban Environment: Re-imagining Section 24 of the 1996 Constitution” (2014) 29 SA Public Law 175-193. • "Legislative and Executive Translation of the Right to have Access to Health Care Services" (2010) 14 Law, Democracy & Development 1-25. • “Enforcing the Right not to be Refused Emergency Medical Treatment: Towards Appropriate Relief” (2007) 18 Stellenbosch LR 75-90. • “What do we Mean when we Talk about Transformative Constitutionalism?” (2005) 20 SA Public Law 155-166. • “Reconstructing the Private/Public Dichotomy? The Enforcement of Children’s Constitutional Social Rights and Care Entitlements” (2003) TSAR 1-19. • “Beyond the Welfare State: Globalisation of Neo-liberal Culture and the Constitutional Protection of Social and Economic Rights in South Africa” (2003) 14 Stellenbosch LR 3-28. • “Stereotypes, Sameness, Difference and Human Rights: Catch 22?” (2001) 16 SA Public Law 93-121. • “Beyond the Reach of Law: HIV, African Culture and Customary Law” (2000) TSAR 428-441. • “In Loco Parentis: Third Party Parenting Rights in South Africa” (2000) 11 Stellenbosch LR 324-342. • “Killing it Softly: Customary Law in the New Constitutional Order” (2000) 33 De Jure 35-53. CHAPTERS/SECTIONS IN BOOKS: Published: • “On ‘Dialogue’, ‘Translation’ and ‘Voice’: Reply to Sandra Liebenberg” in S Woolman & M Bishop (eds) Constitutional Conversations (PULP; 2008) 331-347. • Chapter 39 “Life” in S Woolman; T Roux et al (eds) Constitutional Law of South Africa (Juta; 2ed; Original Service; 07-2006) 21pp. • Chapter 17 “Traditional African Jurisprudence” in C Roederer & D Moellendorf (eds) Jurisprudence (Juta; 2004) 438-464. • Section 8.6 “Remuneration and Employment Benefits” (part of chapter on discrimination in employment policies and practices) in JL Pretorius; ME Klinck & C Ngwena (eds) Employment Equity Law (Butterworths; 2001) pp 8-81 - 8-110. Forthcoming (submitted): • “Introduction: Law, Urban Space and Social Justice” [with Thomas Coggin] chapter prepared as part of a book proposal – M Pieterse & T Coggin (eds) Law, Urban Space and Social Justice (submitted to HART, September 2015).. OTHER: Unaccredited Publications: • “Socio-economic Rights and Private Law: The Next Frontier” (2007) 8(3) ESR Review 2-6. • “The Constitutional Court and the Bill of Rights” in I Goodman (ed) The Constitutional Court of South Africa: The First Ten Years (2004) 59-67. Book Reviews: • Review of DA McDonald (ed) On Borders: Perspectives on International Migration in Southern Africa (2000) 2000 (117) SALJ 816-820. • Review of RI Rotberg & D Thompson (eds) Truth v Justice: The Morality of Truth Commissions (2000) 2001 (118) SALJ 394-398. • Review of H Klug Constituting Democracy: Law, Globalism and South Africa=s Political Reconstruction (2000) 2001 (118) SALJ 861-864. • Review of African Human Rights Law Journal Volume 1, Issue 1 (2001) 2001 (118) SALJ 864-865. • Review of RA Wilson The Politics of Truth and Reconciliation in South Africa: Legitimizing the Post-Apartheid State (2001) 2002 (119) SALJ 456-460. • Review of EML Strydom (ed) Essential Social Security Law (2001) 2002 (119) SALJ 664-666. • Review of D Brand & S Russell (eds) Exploring the Core Content of Socio-economic Rights: South African and International Perspectives (2002) 2003 (36) De Jure 461-463. • Review of D Brand & C Heyns (eds) Socio-economic Rights in South Africa (2005) 2006 (123) SALJ 180-184. Citations: See Google Scholar profile at:


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