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Prof Theo Broodryk is an Associate Professor and and Manager of the Law Clinic. He completed his postgraduate LLB-degree at the Faculty in 2008. He commenced his articles of clerkship at Edward Nathan Sonnenbergs Inc in 2009 where he also practised as an attorney until September 2012. Theo commenced employment with the Faculty in October 2012. He is responsible for lecturing Civil Procedure and Legal Skills.

2018: Awarded Beaufort (Colenso) Scholarship for research by St John’s College, Cambridge University, Michaelmas Term 2019

2018: Author Eckard’s Principles of Civil Procedure in the Magistrates’ Court 6th ed (Juta)

2018: Received NRF Knowledge Interchange and Collaboration funding award

2017: Awarded Doctor of Laws (LLD) (Title of thesis: “Developing a Structure for the Adjudication of Class Actions in South Africa”)

2016: Visiting Scholar at Stanford Law School, Stanford University, United States

2016: Formally recognised by the University as part of the group of approximately 40 researchers a the University who made the biggest contribution to Department of Higher Education and Training accredited scientific publications (2014 output year)

2015: Recipient of the Rector’s Award for outstanding work performance

2015: Recipient of the MJ & HB Thom research funding award

Publikasies / Publications

• T Broodryk Eckard’s Principles of Civil Procedure in the Magistrates’ Courts 6th ed (2019) [Book publication]
• T Broodryk “The South African Class Action Mechanism: Comparing the Opt-out regime to the Opt-in regime” 22 (2019) PER 
• T Broodryk “The South African Class Action vs Group Action as an Appropriate Procedural Device” 1 (2019) Stell LR 6-32
• T Broodryk & W de Vos “Managerial judging and alternative dispute resolution in Australia: an example for South Africa to emulate?” part 2 (2018) TSAR 18-35
• T Broodryk Class Action Litigation in South Africa, Max du Plessis, Johan Oxenham, Isabel Goodman, Luke Kelly and Sarah Pudifin-Jones (Eds.) TSAR(2018) 223-225 [Book review]
• T Broodryk “Individual issues and the class action mechanism: Determining damages in mass personal injury class actions” (2017) SALJ 4 821-846
• T Broodryk & W de Vos “Managerial judging and alternative dispute resolution in Australia: an example for South Africa to emulate?” part 1 (2017) TSAR 4 683-703
• T Broodryk “Strategic Considerations in Global Litigation: Comparing Judicial Case Management Approaches in South Africa with the United States” (2017) Stell LR 2 379-401
• T Broodryk “Giving notice to members of opt-out class actions” (2017) TSAR 3 498-510
• T Broodryk & C Golombick “Teaching Legal Writing Skills in the South African LLB Curriculum: The Role of the Writing Consultant” (2016) 3 Stell LR 535-553
• T Broodryk “Street Law: Practical Law for South Africans 3 ed by D McQuid-Mason” (2016) 27(1) Stell LR 203 [Book review]
• T Broodryk “A developing mediation minnow: the South African perspective” in C Esplugues & L Marquis (eds) New Developments in Civil and Commercial Mediation: Global Comparative Perspectives Springer International Publishing (2015) 667-692
• T Broodryk & M Buitendag “Writing-intensive courses across the law curriculum: developing law students‟ critical thinking and writing skills – a post-evaluation assessment” 2015 36(3) Obiter 615-630
• T Broodryk “The Erosion of the Principle of Orality in South African Civil Procedure: Fact or Fiction?” Speculum Juris (2014) 28 181-201
• T Broodryk “Writing-intensive courses across the law curriculum: developing law students’ critical thinking and writing skills” (2014) Obiter 34 453-466
• T Broodryk “Legal representation at the CCMA: Law Society of the Northern Provinces v Minister of Labour 2013 (1) BLLR 105 (GNP) and CCMA v Law Society, Northern Provinces 2013 (11) BLLR 1057 (SCA)” (2014) Obiter 35 393

The Clinic’s Stephan van der Merwe has been appointed as consultant by the United Nations Office on Drugs and Crime (UNODC) as one of their ‘E4J Ethics Champions’

The Cape Equality Court last week tossed out a claim of racial discrimination against FNB brought by usury expert Emerald van Zyl on behalf of several black customers of the former Saambou Bank, which was taken over by FNB in the 1990s.

Volkswagen Financial Services SA (VWFS) won’t refund vehicle owners, for now.

This week, the National Credit Tribunal ordered VWFS to repay a range of fees which have been levied on financing contracts.

These so-called “on-the-road charges” (OTR fees) – which include the costs of fuel, licensing, valets, inspections and roadworthiness certificates – were added to the financed prices of cars, and weren’t allowed in terms of the National Credit Act, the National Credit Regulator said.

Stephan van der Merwe interviewed on the on-the-road fees debacle. The Stellenbosch University Law Clinic will, pending the outcome of an appeal, institute class action proceedings in this matter. To find out more about joining in the suit, contact the Stellenbosch University Law Clinic at 021 808 3600 or rhkadmin@sun.ac.za.

The Clinic has recently entered into an agreement with the Bargaining Council for the Civil Engineering Industry of South Africa. In terms of this agreement, our experts in the field of debt related legal practice will present training seminars to BCCEI members and affiliates during formal roadshow events from August to September 2019. These events will be held in Johannesburg, Durban, East London, Bloemfontein, Cape Town and Port Elizabeth. Various industry stakeholders, like the South African Forum of Civil Engineering Contractors (SAFCEC), Consolidated Employers Organisation (CEO), Building Construction and Allied Workers Union (BCAWU), National Union of Mineworkers (NUM) and Association of Mineworkers and Construction Union (AMCU), will be involved in these sessions.

From next month, you can approach the Small Claims Court (SCC) for civil claims worth up to R20 000.

The welcome announcement was made by Justice and Constitutional Development Deputy Minister John Jeffery last week. New guidelines for commissioners and clerks will also be effective on April 1 to help clarify the impact of consumer protection legislation and the National Credit Act on the work of these courts.

Massive court battle looms over debt collection fees. The Stellenbosch University Law Clinic is the first applicant.