Department of Private Law

Prof J Heaton

College of Law
School of Law
Department: Private Law
Professor
Tel: 012 429 8435
E-mail: heatoj@unisa.ac.za

Qualifications

  • BLC, Pretoria (1983)
  • LLB, Pretoria (cum laude) (1985)
  • LLM (A curriculum - cum laude), Unisa (1988) ("The meaning of the concept 'best interests of the child' as applied in adoption applications in South Africa")

NRF Rating

C1

Fields of academic interests

Research interests

  • Matrimonial property law
  • Maintenance law
  • Parental responsibilities and rights

Field of Specialisation

  • Family Law
  • Law of Persons
  • Child Law

Books

  • Heaton J and Roos A Family and Succession Law in South Africa (2012) Wolters Kluwer Law & Business, Alphen aan den Rijn (revised: 2016)
  • Heaton J The South African Law of Persons 4 ed (2012) LexisNexis Durban
  • Heaton J Casebook on the South African Law of Persons 4 ed (2012) LexisNexis Durban
  • Heaton J and Kruger H South African Family Law 4 ed (2015) LexisNexis Durban
  • Heaton J  and Kruger H Casebook on South African Family Law 4 ed (2015) LexisNexis Durban

Book chapters

  • Heaton J "Family Law and the Bill of Rights" in Bill of Rights Compendium (1998) LexisNexis Butterworths, Durban (loose-leaf) (revised 2005)
  • Heaton J "Parental responsibilities and rights" in Davel CJ and Skelton AM (eds) Commentary on the Children's Act (2007) Juta & Co, Kenwyn (loose-leaf) (revised 2012)
  • Heaton J "The right to same-sex marriage in South Africa" in Gerber P and Sifris A (eds) Current Trends in the Regulation of Same-Sex Relationships (2010) Federation Press, Sydney
  • Heaton J "South Africa: Changing the contours of Child and Family Law" in Sutherland EE (ed) The Future of Child and Family Law: International Predictions (2012) Cambridge University Press, Cambridge
  • Heaton J "The Proprietary Consequences of Divorce" in Heaton J (ed) The Law of Divorce and Dissolution of Life Partnerships in South Africa (2014) Juta, Kenwyn
  • De Jong M and Heaton J "Post-divorce Maintenance for a Spouse or Civil Union Partner" in Heaton J (ed) The Law of Divorce and Dissolution of Life Partnerships in South Africa (2014) Juta, Kenwyn
  • Heaton J "The Extension of Mediation, and Piercing the Trust Veneer on Divorce in South Africa" in Atkin B (ed) The International Survey of Family Law 2015 (2015) Family Law, Bristol
  • Heaton J "Parental responsibilities and rights" in Boezaart CJ (ed) Child Law in South Africa 2 ed (2017) Juta, Kenwyn

Journal articles

  • Heaton J "An overview of the current legal position regarding heterosexual life partnerships" (2005) 68 Journal for Contemporary Roman-Dutch Law 662-670
  • Heaton J "Striving for substantive gender equality in family law: Selected issues" (2005) 21 South African Journal on Human Rights 547-574
  • Heaton J and Pretorius JT "Minors as the payees of cheques" (2007) 124 South African Law Journal 112-127
  • Heaton J "Termination of post-divorce maintenance for a spouse or civil union partner in terms of a settlement agreement" (2007) 70 Journal for Contemporary Roman-Dutch Law 641-652
  • Heaton J "The Law of Persons and Family Law" 2007 Annual Survey of South African Law 885-960 (published in 2008)
  • Heaton J "The Marriage Act 25 of 1961, the Divorce Act 70 of 1979, and the dissolution of a Hindu marriage [Discussion of Singh v Ramparsad and Others 2007 3 SA 445 (D)]" (2008) 19 Stellenbosch Law Review 452-465
  • Heaton J "The Law of Persons and Family Law" 2008 Annual Survey of South African Law 908-964 (published in 2009)
  • Heaton J "An individualised, contextualised and child-centred determination of the child’s best interests, and the implications of such an approach in the South African context" (2009) 34 Journal for Juridical Science 1-18
  • Heaton J "Family Law" 2009 Annual Survey of South African Law 440-486 (published in 2010)
  • Heaton J "The Law of Persons" 2009 Annual Survey of South African Law 883-896 (published in 2010)
  • De Jong M and Heaton J "A missed opportunity to achieve justice in respect of maintenance for divorced spouses whose former spouses die: Kruger NO V Goss" (2011) 128 South African Law Journal 211-223
  • Heaton J "Family Law" 2010 Annual Survey of South African Law 435-496 (published in 2011)
  • Heaton J "The Law of Persons" 2010 Annual Survey of South African Law 990-1000 (published in 2011)
  • Bakker P and Heaton J ‘The co-existence of customary and civil marriages under the Black Administration Act 38 of 1927 and the Recognition of Customary Marriages Act 120 of 1998 — The Supreme Court of Appeal introduces polygyny into Some Civil Marriages: Netshituka v Netshituka 2011 5 SA 453 (SCA)’ 2012 Journal of South African Law 586-593
  • Smith B and Heaton J "Extension of the dependant’s action to heterosexual life partners after Volks NO v Robinson and the coming into operation of the Civil Union Act – Thus far and no further?" (2012) 75 Journal for Contemporary Roman-Dutch Law 472-484
  • Heaton J "Family Law" 2011 Annual Survey of South African Law 414-482 (published in 2013)
  • Heaton J "The Law of Persons" 2011 Annual Survey of South African Law 876-889 (published in 2013)
  • Heaton J "Family Law" 2012 Annual Survey of South African Law 328-374 (published 2014)
  • Heaton J "The Law of Persons" 2012 Annual Survey of South African Law 703-716 (published 2014)
  • Heaton J "The pitfalls of international surrogacy: A South African family law perspective" (2015) 78 Journal for Contemporary Roman-Dutch Law 24-46
  • Heaton J "Family Law" 2013 Annual Survey of South African Law 425-467 (published 2015)
  • Heaton J "The Law of Persons" 2013 Annual Survey of South African Law 871-878 (published 2015)
  • Heaton J "The Law of Persons" 2014 Annual Survey of South African Law 827-842 (published 2016)
  • Heaton J "Family Law" 2014 Annual Survey of South African Law 391-430 (published 2016)

Professional positions, fellowships & awards

  • C1 NRF rating
  • Editor: Annual Survey of South African Law: 2010-2012
  • Referee Editor: South African Law Journal: 2012-present
  • Editor: The Law of Divorce and Dissolution of Life Partnerships in South Africa (2014) Juta, Kenwyn
  • Rapporteur: Family Law Committee: International Law Association: 2007-2013
  • Member of Advisory Committee of South African Law Reform Commission for  Project 25 Statutory Law Revision: Revision of Legislation administered by  Department of Home Affairs: 2008-present
  • Member of Research Assessment Committee: Utrecht Law School: 2016
  • University of South Africa Award for Excellence in Tuition (awarded for Law of Persons (PVL101-Q); team members: J Heaton, JM Kruger, S Ferreira and DT Mailula): 2005
  • Vereniging Hugo de Groot Prize for Best Contribution to Journal of Contemporary Roman-Dutch Law in 2015: Heaton J "The pitfalls of international surrogacy: A South African family law perspective" (2015) 78 Journal of Contemporary Roman-Dutch Law 24-46