Stephan van der Merwe

Senior Attorney, Notary Public and Lecturer

Stephan van der Merwe joined the Law Clinic, University of Stellenbosch as practising attorney in 2001, after serving his articles of clerkship in private practice.  Earlier he graduated from the University of Stellenbosch with a B Comm LLB and during 2002 he obtained an Advanced Certificate in Children’s Rights.  In 2005 he obtained an LLM (cum laude) and during 2007 he qualified as notary public and attorney with right of appearance in the High Court.  In 2017 he obtained a Post-Graduate Diploma in Higher Education Teaching and Learning (cum laude).

Stephan is deeply involved with community service in his capacity as the senior supervising attorney at the Law Clinic.  During the early 2000’s his work was instrumental in exposing the interest fraud which eventually led to the demise of Saambou Bank.  He also has extensive experience representing debtors in rescission of judgment and emoluments attachment order cases and his practice and research in this regard proved valuable in framing the applicant’s case in the Constitutional Court matter of University of Stellenbosch Legal Aid Clinic & others v Minister of Justice and Correctional Services & Others; Association of Debt Recovery Agents NPC v Clinic & Others; Mavava Trading 279 (Pty) Ltd & Others v Clinic & Others [2016] ZACC 32.

Stephan has published a number of articles in accredited journals and his academic field of interest is Clinical Legal Education. He lectures Civil Procedure, Practical Legal Training and Legal Skills at the Faculty of Law, University of Stellenbosch.

Publikasies / Publications

  • “Traversing the South African Emolument Attachment Order Legal Landscape Post 2016: Quo Vadis ?” – Accepted for publication in the 2019:1 Special Edition of the Stellenbosch Law Review.

  • “Contemporary challenges facing law clinics” De Rebus November 2018: 15 - 16 

  • “Robots and the Law” (With Richards-Bray, Hardy and East) European Foundation for Management Development Global Focus Journal 2018 (3) 12: 46 - 49

  • “Simulated exercises” – Chapter accepted for publication in soon to be published ‘South African University Law Clinic Association Handbook’ (J Bodenstein editor)

  • “Civil trial advocacy” – Chapter accepted for publication in soon to be published ‘South African University Law Clinic Association Handbook’ (J Bodenstein editor)

  • A Case Study in Advocating for Expanded Clinical Legal Education: The University of Stellenbosch Module. 2017 28(3) Stell LR 679-701

  • Cautioning the careless writer: The importance of accurate and ethical legal writing.  2014 Journal for Juridical Science 39(2):23‑52

  • Lacking proper judgment? Letter to editor: De Rebus January 2013

  • “Objections in Civil Litigation by P van den Heever” 2011 22(1) Stell LR 228 – 230 [Book review]

  • Failure to discharge.  A discussion of the insufficient legal recourse afforded to judgment debtors in the South African context. 2008 Journal for Juridical Science Special Issue: 71 – 86

  • “Litigation Skills for South African Lawyers by CG Marnewick” 2005 16(1) Stell LR 165 – 167 [Book review]

Referate en lesings by nasionale en internasionale forums / Papers and lectures at national and international forums

  • “Towards empirical validation of theoretical assumptions in Clinical Legal Education” delivered at the SU Scholarship of Teaching and Learning Conference in Somerset West on 30 – 31 October 2018.

  • “Inculcating ethics in the LLB curriculum: The question is not why, but how?” delivered at the Regional Teaching and Learning Conference of the Law Faculties of UCT, UWC and Stellenbosch University on 13 September 2018.

  • “Advocating for expanded clinical legal education” delivered at the Stellenbosch University Law Clinic Conference in Stellenbosch on 19 – 20 July 2018.

  • "Early Steps in Employing Double Robot Technology in Clinical Legal Education” delivered at the 4th Writing Skills in Legal Education Conference in Somerset West on 20 – 21 June 2018.

  • “Rise of the robot lawyers: Employing Double Robot Technology in Clinical Legal Education” delivered at the 1st African Digital University Network Colloquium in Stellenbosch on 17 to 18 April 2018.

  • “Whats wrong with the present state of legal reasoning?” delivered at the 3rd International Advocacy Training Council Conference in Stellenbosch on 2 to 3 April 2018.

  • “Changing lives and (occasionally) changing the law: An illustration of the work of University Law Clinics” delivered at the Regent Lecture Theatre, Aberdeen University, Scotland on 22 November 2017.

  • “Some Reflections on Teaching Legal Skills Through Clinical Legal Education (CLE)” delivered at Coventry University, England on 15 November 2017.

  • “Changing lives and (occasionally) changing the law: An illustration of the work of University Law Clinics” – Keynote addres delivered at the Partnerships in Clinical Legal Education Conference at Coventry University, England on 15 November 2017.

  • “The present legal challenges in the South African Emolument Attachment Order landscape” delivered at the Dullah Omar Institute Community Engagement Conference at the University of the Western Cape on 2 to 3 August 2017.

  • “A discussion of the legal environment relating to Emolument Attachment Orders (“EAO’s”) before and after The University of Stellenbosch Legal Aid Clinic & 15 Others vs The Minister of Justice and Correctional Services & 17 Others” delivered at the 29th Annual Labour Law Conference at Kempton Park, Johannesburg on 24 to 25 August 2016.

  • “Failure to discharge.  A discussion of the insufficient legal recourse afforded to judgment debtors in the South African context” delivered at the 5th International Journal of Clinical Legal Education Conference, held at the University of the Witwatersrand in Johannesburg on 9 to 11 July 2007.

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