Rhodes>Law>People>Academic Staff>Professor Helen Kruuse

Associate Professor Helen Kruuse

BA, LLB, LLM, PGDHE, PhD (Rhodes)

Attorney of the High Court of South Africa

Email: h.kruuse@ru.ac.za



Helen Kruuse lectures in family law, legal ethics, legal skills and jurisprudence. Helen’s research interests lie in legal ethics and family law, with a particular interest in customary law marriages. Her experiences include articles in East London at the firm Bate, Chubb and Dickson; two years in legal services at the London Borough of Brent; and teaching in the Department of Private Law, University of Cape Town as well as the Department of Public Law and Jurisprudence, University of the Western Cape. She is an editor of the South African Law Journal and sits on the board of the International Association of Legal Ethics.

Publications (2008-date)

Chapters in books

‘Vulu’zenzele (‘arise and act’): Lawyers and access to justice in South Africa’ in H Whalen-Bridge (ed) Lawyers and Access to Justice: Challenging Pro Bono (2021) (forthcoming).

‘Legal Ethics and Professional Responsibility’ in L Meintjies-van der Walt (ed) Introduction to South African Law (2019) Pearson.

‘You reap what you sow: Regulating marriages and intimate partnerships in a diverse, post-apartheid society’ in B Atkin (ed) International Annual Survey of Family Law (2013) Jordan.

‘Mental illness, physical disability, the influence of alcohol and drugs on legal capacity’ in A Skelton (ed) The Law of Persons in South Africa, Oxford University Press (2011).

‘A South African Response to Ethics in Legal Education’ in Corbin (ed) The Ethics Project in Legal Education Routledge-Cavendish (2011).

‘Social Services and Benefits’ in B Clark (ed) Family Law Service Butterworths: Durban (2008) (co-authored with Jay Kruuse).

The Law of Carriage’ in Commercial Law 2 Fresh Perspectives Series, Pearson Publishers: Cape Town (2008).



Legal practitioners’ ethics in resource-scarce institutions: A discussion of PM Mashishi v Mdlala and Others [2018] 17 BLLR 693 (LC); (2018) 39 ILJ 1607 (LC)’ (2019) 40 Obiter 383 (co-authored with Nicci Whitear)

‘The state’s role in the regulation and provision of legal services in South Africa and the United States: Supporting, nudging or interfering?’ (2018) 42 Fordham International Law Journal 373 (co-authored with Philip Genty).

‘Ex Parte Mdyogolo 2017 (1) SA 432 (ECG): Character and carelessness’ (2018) 135 SALJ.

‘Marital rape and the cultural defence in South Africa’ (2018) 29 Stell Law Review 25 (co-authored with Lea Mwambene).

‘The thin edge of the wedge: ukuthwala, alienation and consent’ (2017) 33 South African Journal on Human Rights 25 (co-authored with Lea Mwambene).

‘Legal ethics education in South Africa: Possibilities, challenges and opportunities’ (2016) 32 South African Journal of Human Rights 344 (co-authored with Mike Robertson).

Book review: ‘The law of divorce and dissolution of life partnerships in South Africa: Jacqueline Heaton (editor)’ (2015) 40 Journal for Juridical Science.

‘Unfulfilled promises? The implementation of the Recognition of Customary Marriages Act in South Africa’ (2015) 29 International Journal of Law, Policy and the Family 237 (co-authored with Lea Mwambene).

‘Sailing between Scylla and Charybdis: Mayelane v Ngwenyama’ (2014) 17 Potchefstroom Electronic Journal 1710 (co-authored with Julia Sloth-Nielsen).

‘Conscientious objection to performing same-sex marriage in South Africa’ (2014) 28 International Journal of Law, Policy and the Family.

‘Form over function? The practical application of the Recognition of Customary Marriages Act 1998 in South Africa’ 2013 Acta Juridica 292 (co-authored with Lea Mwambene). This article is also featured as a chapter in the book Claassens, A and Smythe, D (eds) Marriage, Land and Custom: Essays on Law and Social Change in South Africa (2013) Juta: Cape Town (ISBN 9781485101529).

‘A maturing manifesto: the constitutionalisation of children’s rights in South African jurisprudence 2007- 2012’ (2013) 21 International Journal of Children’s Rights 33 (co-authored with Julia Sloth-Nielsen).

‘From the grave to the cradle: the possibility of postmortem gamete retrieval and reproduction in South Africa?’ South African Journal of Human Rights (2012) 28 SAJHR.

‘Substantive second-level reasoning and experiential learning in legal ethics’ (2012) Stellenbosch Law Review.


‘The art of the possible’ in realising socio-economic rights: City of Johannesburg Metropolitan Municipality v Blue Moonlight 2011 (4) SA 337 (SCA)’ (2011) South African Law Journal.


‘Drawing lines in the sand: AM v RM 2010 2 SA 223 (ECP) (2009)’ (2009) Speculum Juris

‘Here’s to you Mrs Robinson: Peculiarities and paragraph 29 determining the treatment of domestic partnerships’ (2009) 25 South African Journal of Human Rights

‘Fetal “rights”? The need for a unified approach to the fetus in the context of feticide’ (2009) 72 THRHR

‘The emerging role of Ubuntu-botho in developing a consensual South African legal culture’ in F Bruisma and D Nelken (eds) Explorations of Legal Cultures (2007). (Note: The book also constituted a special issue of Recht der Werkelijkheid – a Dutch socio-legal journal) (co-authored with Rob Midgley).


















Last Modified: Fri, 17 Dec 2021 13:52:28 SAST