Bio

Amanda Barratt is an Associate Professor of Private Law at the University of Cape Town. Her particular areas of interest and expertise are Family Law and Legal History. Amanda teaches LLB courses on Family Law; Property Law; and Conflict of Laws; She convenes an LLM course on Human Rights, Gender and Family; and she supervises PhD and LLM students preparing dissertations on family law topics, and woman-and-gender topics. Amanda has edited a book Law of Persons and the Family, for which she wrote many chapters. She is responsible for updating the Family Law portion of Wille’s Principles of South African Law.

Expertise

My PhD was on the human rights implications of the TRIPS treaty, and the impact this has had on the right to health. During the past ten years my primary research focus has shifted to family law, particularly the law of marriage and permanent life partnerships. I am also interested in the historical development of our law in its social, economic and political context. At present I am researching the ways in which the process of colonization of southern Africa has left a permanent imprint on our laws of marriage and on conflict of laws rules internationally.

Law Commissions, legislative drafting and other legal service

At present (2018/ 2019) I am working for the South African Law Commission as a member of the Minister of Justice’s Advisory Committee on a Single Marriage Statute. This is part of the South African Law Reform Commission Project 144 on reforming South Africa’s disparate marriage laws.

Teaching Focus

• Law of Persons and Family – First year LLB course
• Conflict of laws – Final year LLB elective
• Human Rights, Gender and Family – LLM course

Publications 

Barratt, Amanda ‘South African action for adultery—common law, customary law, and constitutional perspectives’ (2017) 8 International Journal of Private Law 237-257.

Barratt, Amanda ‘Teleological pragmatism, ahistorical history and ignoring the Constitution’ (2016) 133 South African Law Journal 189-221.

Barratt, Amanda ‘South African courts abolish the delictual claim based on adultery―RH v DE in the Supreme Court of Appeal and the Constitutional Court’ (2015) International Family Law Journal 224-229.

Barratt, Amanda ‘Private contract or automatic court discretion?  Current trends in legal regulation of permanent life-partnerships’ (2015) 26 Stellenbosch Law Review 110-131.

Barratt, Amanda ‘Strange bedfellows?  The action for adultery and the South African Bill of Rights’ (2014) 7 International Journal of Private Law 310-327.

Barratt, Amanda ‘“Whatever I acquire will be mine and mine alone”: marital agreements not to share in constitutional South Africa’ (2013) 130 South African Law Journal 688-704.

Barratt, Amanda ‘Clarifying protection of spouses married in community of property?’ (2011) 22 Stellenbosch Law Review 272-284.

Barratt, Amanda and Ashimizo Afadameh-Adeyemi  ‘Indigenous Peoples and the Right to Culture: The Potential Significance for African Indigenous Communities of the Committee on Economic Social and Cultural Rights’ General Comment 21’ (2011) 11(2) African Human Rights Law Journal 560-587.

Barratt, Amanda ‘The curious absence of human rights: can the WIPO Development Agenda transform intellectual property negotiation?’ (2010) 14 Law, Democracy & Development 1-43.

Barratt, Amanda ‘Lessons from Bayh-Dole: Reflections on the Intellectual Property Rights from Publicly Financed Research and Development Act (2010) 35 Journal for Juridical Science 30-69.

Barratt, Amanda ‘New rights, new laws: South African legal literature in a time of transition’ (2004) 32 International Journal of Legal Information 390-416.

Barratt, Amanda ‘The Right of the Child to be Heard in Custody and Access Determinations’ (2002) 65 Tydskrif vir Hedendaagse Romeins-Hollands Reg 556-573.

Barratt, Amanda and Sandra Burman ‘Deciding the Best Interests of the Child: An International Perspective on Custody Decision-making’ (2001) 119 South African Law Journal 556-573.

Sandra Burman and Amanda Barratt ‘Human Rights and the Administration of a Welfare System’ (1993) 9 South Africa Journal on Human Rights 302-307.

Edited Books

Amanda Barratt (ed) Law of Persons and the Family (Cape Town: Pearson, 2012).

Amanda Barratt (ed) Law of Persons and the Family 2nd ed (Cape Town: Pearson, 2017).

Chapters in Books

Chapters in Bradfield (ed) Wille’s Principles of South African Law. 10th ed. (Cape Town: Juta, 2020 forthcoming).

Barratt, Amanda ‘Introduction to Persons and Family’ in Bradfield (ed) Wille’s Principles of South African Law. 10th ed.

Barratt, Amanda ‘Birth, name, domicile and death’ in Bradfield (ed) Wille’s Principles of South African Law. 10th ed.

Barratt, Amanda ‘Unborn persons’ in Bradfield (ed) Wille’s Principles of South African Law. 10th ed.

Barratt, Amanda ‘Females’ in Bradfield (ed) Wille’s Principles of South African Law. 10th ed.

Barratt, Amanda ‘Minority status, and children’ in Bradfield (ed) Wille’s Principles of South African Law. 10th ed.

Barratt, Amanda ‘Marriage’ in Bradfield (ed) Wille’s Principles of South African Law. 10th ed.

Barratt, Amanda ‘Life partnerships’ in Bradfield (ed) Wille’s Principles of South African Law. 10th ed.

Barratt, Amanda ‘Mentally incapacitated persons’ in Bradfield (ed) Wille’s Principles of South African Law. 10th ed.

Barratt, Amanda ‘Convicted persons’ in Bradfield (ed) Wille’s Principles of South African Law. 10th ed.

Chapters in Barratt (ed) Law of Persons and the Family 2nd ed. (Cape Town: Pearson, 2017)

Barratt, Amanda ‘Introduction’ in Barratt (ed) Law of Persons and the Family 2nd ed.  (Cape Town: Pearson, 2017) 3-5.

Barratt, Amanda ‘Through the Looking Glass? Defining words and concepts in law’ in Barratt (ed) Law of Persons and the Family 2nd ed. (Cape Town: Pearson, 2017) 6-21.

Barratt, Amanda ‘Minority: How Age Affects Status and Capacity’ in Barratt (ed) Law of Persons and the Family 2nd ed. (Cape Town: Pearson, 2017) 40-82.

Barratt, Amanda, Jacques Mahler-Coetzee and Razaana Denson ‘Sex and Gender – Status and Capacity’ in Barratt (ed) Law of Persons and the Family 2nd ed. (Cape Town: Pearson, 2017) 83-90.

Barratt, Amanda and Heidi Schoeman ‘Domicile’ in Barratt (ed) Law of Persons and the Family 2nd ed. (Cape Town: Pearson, 2017) 116-130.

Barratt, Amanda and Wesahl Domingo ‘Family Law in 21st Century South Africa’ in Barratt (ed) Law of Persons and the Family 2nd ed. (Cape Town: Pearson, 2017) 161-175.

Domingo, Wesahl and Amanda Barratt ‘Parent and Child’ in Barratt (ed) Law of Persons and the Family 2nd ed. (Cape Town: Pearson, 2017) 176-207.

Barratt, Amanda ‘Requirements for a Civil Marriage’ in Barratt (ed) Law of Persons and the Family 2nd ed. (Cape Town: Pearson, 2017) 236-250.

Barratt, Amanda ‘Personal Consequences of Civil Marriage’ in Barratt (ed) Law of Persons and the Family 2nd ed. (Cape Town: Pearson, 2017) 259-281.

Barratt, Amanda, Priya Pravesh Singh and Wesahl Domingo ‘Marital Property’  in Barratt (ed) Law of Persons and the Family 2nd ed. (Cape Town: Pearson, 2017) 282-323.

Barratt, Amanda and Priya Pravesh Singh ‘Dissolution of Civil Marriage’ in Barratt (ed) Law of Persons and the Family 2nd ed. (Cape Town: Pearson, 2017) 324-330.

Barratt, Amanda and Priya Pravesh Singh ‘Grounds for Divorce’ in Barratt (ed) Law of Persons and the Family 2nd ed. (Cape Town: Pearson, 2017) 331-341.

Barratt, Amanda ‘Economic Consequences of Divorce’ in Barratt (ed) Law of Persons and the Family 2nd ed. (Cape Town: Pearson, 2017) 342-367.

Barratt, Amanda and Wesahl Domingo ‘Children after Divorce’ in Barratt (ed) Law of Persons and the Family 2nd ed. (Cape Town: Pearson, 2017) 367-383.

Osman, Fatima and Amanda Barratt ‘Customary Marriages’ in Barratt (ed) Law of Persons and the Family 2nd ed. (Cape Town: Pearson, 2017) 383-400.

Amien, Waheeda, Amanda Barratt and Razaana Denson ‘Religious Marriages’ in Barratt (ed) Law of Persons and the Family 2nd ed. (Cape Town: Pearson, 2017) 401-420.

Olivier, Morné, Amanda Barratt and Razaana Denson ‘Domestic Partnerships’ in Barratt (ed) Law of Persons and the Family 2nd ed. (Cape Town: Pearson, 2017) 430-450.

Chapters in Barratt (ed) Law of Persons and the Family (Cape Town: Pearson, 2012)

Barratt, Amanda ‘Introduction’ in Barratt (ed) Law of Persons and the Family (Cape Town: Pearson, 2012) 3-5.

Barratt, Amanda ‘Through the Looking Glass? Defining words and concepts in law’ in Barratt (ed) Law of Persons and the Family (Cape Town: Pearson, 2012) 6-21.

Barratt, Amanda ‘Minority – how age affects status and capacity’ in Barratt (ed) Law of Persons and the Family (Cape Town: Pearson, 2012) 38-78.

Barratt, Amanda ‘Minority – how age affects status and capacity’ in Barratt (ed) Law of Persons and the Family (Cape Town: Pearson, 2012) 38-78.

Barratt, Amanda ‘Domicile’ in Barratt (ed) Law of Persons and the Family (Cape Town: Pearson, 2012) 116-130.

Barratt, Amanda and Wesahl Domingo ‘Family law in 21st century South Africa’ in Barratt (ed) Law of Persons and the Family (Cape Town: Pearson, 2012) 161-176.

Domingo, Wesahl and Amanda Barratt ‘Parent and child’ in Barratt (ed) Law of Persons and the Family (Cape Town: Pearson, 2012) 177-206.

Barratt, Amanda ‘Requirements for civil marriage’ in Barratt (ed) Law of Persons and the Family (Cape Town: Pearson, 2012) 232-246.

Barratt, Amanda ‘Personal consequences of marriage’ in Barratt (ed) Law of Persons and the Family (Cape Town: Pearson, 2012) 255-276.

Barratt, Amanda ‘Marital property’ in Barratt (ed) Law of Persons and the Family (Cape Town: Pearson, 2012) 277-316.

Barratt, Amanda ‘Dissolution of civil marriage’ in Barratt (ed) Law of Persons and the Family (Cape Town: Pearson, 2012) 317-323.

Barratt, Amanda ‘Grounds for divorce’ in Barratt (ed) Law of Persons and the Family (Cape Town: Pearson, 2012) 324-334.

Barratt, Amanda ‘Economic consequences of divorce’ in Barratt (ed) Law of Persons and the Family (Cape Town: Pearson, 2012) 335-359.

Barratt, Amanda and Wesahl Domingo ‘Children after divorce’ in Barratt (ed) Law of Persons and the Family (Cape Town: Pearson, 2012) 360-374.

Barratt, Amanda ‘Customary marriages’ in Barratt (ed) Law of Persons and the Family (Cape Town: Pearson, 2012) 375-392.

Barratt, Amanda and Razaana Denson ‘Religious marriages’ in Barratt (ed) Law of Persons and the Family (Cape Town: Pearson, 2012) 393-411.

Chapters in Meintjes-Van der Walt (ed) Introduction to South African Law. (Heinemann, 2018).

Amanda Barratt ‘History and development of South African law’ in Meintjes-Van der Walt (ed) Introduction to South African Law. (Heinemann, 2011) 17-40.

Amanda Barratt ‘Common law’ in Meintjes-Van der Walt (ed) Introduction to South African Law. (Heinemann, 2011) 104-110.

Iya, Philip and Amanda Barratt ‘Customary law’ in Meintjes-Van der Walt (ed) Introduction to South African Law. (Heinemann, 2011) 111-125.

Chapters in Meintjes-Van der Walt (ed) Introduction to South African Law. (Heinemann, 2011).

De Bruin, Jaco and Amanda Barratt ‘History and development of South African law’ in Meintjes-Van der Walt (ed) Introduction to South African Law. (Heinemann, 2011) 17-40.

De Bruin, Jaco and Amanda Barratt ‘Common law’ in Meintjes-Van der Walt (ed) Introduction to South African Law. (Heinemann, 2011) 104-110.

Iya, Philip and Amanda Barratt ‘Customary law’ in Meintjes-Van der Walt (ed) Introduction to South African Law. (Heinemann, 2011) 111-125.

Chapters in Barday et al Skills for Law Students: Fresh Perspectives (Pearson-Prentice Hall, 2008)

Barratt, Amanda ‘Writing Law Essays’ in Barday et al Skills for Law Students: Fresh Perspectives (Pearson-Prentice Hall, 2008) 169-222.

Barratt, Amanda ‘Researching in the Law Library’ in Barday et al Skills for Law Students: Fresh Perspectives (Pearson-Prentice Hall, 2008) 85-142.

Barday, Abdul and Amanda Barratt ‘Using the Sources of Law’ in Barday et al Skills for Law Students: Fresh Perspectives (Pearson-Prentice Hall, 2008) 47-86.

Chapters in Burman (ed) The Fate of the Child: Legal Decisions on Children in the New South Africa (Juta, 2003).

Barratt, Amanda The Best Interests of the Child: Where is the Child’s Voice?’ in Sandra Burman (ed) The Fate of the Child: Legal Decisions on Children in the New South Africa (Juta, 2003) 145-157.

Published Reports and Papers

Sandra Burman and Amanda Barratt Welfare Law and Bureaucracy in a Changing South Africa: A Case Study of Maintenance Grants for the ‘Illegitimate’. Working Paper 19, Centre for Applied Legal Studies, University of the Witwatersrand (1993).

Sandra Burman and Amanda Barratt State Maintenance Grants for the ‘Illegitimate’: Report for the Black Sash. (UCT Social-Legal Unit, 1992).

Conference Presentation

Barratt, Amanda ‘This is not a love story: the apartheid government’s sex and marriage laws’ presented at ‘From Sodomy Laws to Same-Sex Marriage: Coupling, Questions of “Nature”, and the State, 1786-2015’ Birkbeck, University of London, September 25, 2015.

Barratt, Amanda ‘Transforming dignitas into dignity? A case study of adultery in South African law’ presented at the 2nd International Private Law Conference, University of Nicosia, Cyprus, September 2011.

Barratt, Amanda ‘Human rights implications of open access models’ SARUA Open Access Leadership Summit, University of Botswana, Gaborone, November 21, 2007.

Barratt, Amanda ‘Open access law: the promotion of human rights and democracy’ World Library and Information Congress: 73rd IFLA General Conference, Durban, August 19, 2007.

Barratt, Amanda ‘Human rights implications of intellectual property protection’ Department of Arts and Culture Workshop on the Copyright Act, Pretoria, July 20, 2006.

Barratt, Amanda ‘The impact of copyright in developing countries’ LIASA Workshop on Copyright and Intellectual Property Protection, University of Cape Town, November 17, 2005.

Panellist on Programme ‘Law Librarianship from Boston to Mumbai! / Boston se Mumbai thak kanooni pustakalya sanchalan! /Juristisches Bibliothekswesen von Boston bis Mumbai!’ Annual Meeting of American Association of Law Libraries, Boston, July 18, 2004.

Barratt, Amanda ‘New Rights – New Laws: South African Legal Literature in a Time of Transition’ International Association of Law Libraries 22nd Annual Course on International Law Librarianship, University of Cape Town, September 24, 2003.

Barratt, Amanda ‘Legal Information Literacy Training for the “Post-Generation X” LLB Student’ Law Teachers of Southern Africa Conference, Rhodes University, Grahamstown, January 23, 2002.

Barratt, Amanda ‘An International Perspective on the Family Court’ Conference on Family Courts hosted by the UCT Law, Race and Gender Research Unit, the UCT Centre for Social-Legal Studies, and the UCT Dept of Private Law, November 2000.