Dr Khomotso Moshikaro
Khomotso Moshikaro completed his LLB at the University of Pretoria in 2012. He then pursued a Bachelor of Civil Laws (2014) and an MSc in Contemporary Chinese Studies (2015) at Wadham College, Oxford. Khomotso worked as a law clerk in the Constitutional Court of South Africa for Justice Johann van der Westhuizen and as a researcher at the South African International and Advanced Constitutional Law Institute (SAIFAC) under Prof David Bilchitz.
In 2023, Khomotso successfully completed and defended his PhD thesis titled The Moral and Legal Foundations of Fair Labelling in Criminal Law at Trinity College, Cambridge under the supervision of Prof Antje du Bois-Pedain and Prof Findlay Stark. His examination committee included Prof James Chalmers (Regius Professor, Glasgow) and Dr Jonathan Rodgers (Fitzwilliam College, Cambridge). His research brings together concepts in criminal theory, jurisprudence and moral psychology to argue that criminal offenders are rightly entitled by the rule of law and just practices of blame allocation to have the nature and degree of their wrongdoing correctly represented in the name, categorisation and persistence of a criminal label. Failure to do so by the criminal justice system is not only inappropriate punishment, but a unique moral and legal wrong against the person who is misrepresented.
Khomotso has also applied his research in moral philosophy and legal theory to problems in delict, privacy and class action certification. He has been an editor of the Constitutional Court Review since 2017; and Khomotso was recently appointed as a Fellow in Criminal Law and Evidence, University of Edinburgh.
Expertise/ Research Interests
Khomotso's areas of interest are jurisprudence, constitutional law, criminal law, property law, unjustified enrichment and civil procedural theory.
Khomotso teaches jurisprudence, property law and selected topics in criminal law and statutory interpretation; and has convened and taught on Foundations of South African Law, Constitutional Law and Social Justice and the Constitution. Recently Dr Moshikaro has taught Criminal Law, Jurisprudence, Advanced Delict and the Law of Cession. His varied interests are underpinned by common problems across these various subjects.
- K. Moshikaro, 'Unjust Contempt as the ‘Gist’ of Defamation Law' Constitutional Court Review (12) 2022, Available at SSRN: https://ssrn.com/abstract=4188929.
- K Moshikaro ‘Taking Legality Seriously in Punishment’ in L Boonzaier and N Ally Essays in Honour of Edwin Cameron (PULP 2023) (forthcoming).
- K Moshikaro and M Foran ‘The Virtues and Vices of Scholar Activism’ Constitutional Court Review 2023 (forthcoming).
- K. Moshikaro ‘The Moral and Legal Foundations of Fair-labelling in our Criminal Law’ South African Law Journal 2 (2018) 262 – 284.
- K. Moshikaro ‘Against the Interests of Justice: Ignoring the Role for Distributive Justice when Regulating Court Process’ Constitutional Court Review 7 (2017) 291-320.
- K. Moshikaro, M. Bishop and J. Brickhill Annual Review of Constitutional Law (Juta, 2016).
- K. Moshikaro J. Brickhill and M. Finn Annual Review of Constitutional Law (Juta, 2017).
- K Moshikaro 'Assessing the Performance of the Security Services' in Assessing the Performance of South Africa’s Constitution (IDEA, 2016).
- K. Moshikaro and A. Konstant ‘The Performance of Federalism’ in Assessing the Performance of South Africa’s Constitution (IDEA, 2016).
Conferences & Presented Papers
- K. Moshikaro ‘The Morality of Originalism’, presented at the University of the Western Cape for a Conference on Statutory Interpretation, 2018.
- Panel discussion on African Jurisprudence: opening event of the 'Law and Politics in Three Courts' conference at the Bonavero Institute for Human Rights, University of Oxford (7 November 2019) link at: https://www.law.ox.ac.uk/events/panel-discussion-african-jurisprudence-opening-event-law-and-politics-three-courts-conference.
- K. Moshikaro ‘The Allocation of Risk in Unjustified Enrichment Claims for Theft and Fraud in South African Law’ – 2019 - Conference on Private Law in the Modern Context, University of Cape Town.
- K. Moshikaro ‘A Normative Defence of the Doctrine of Common Purpose and Joint Enterprise’ presented at the ‘Crossing Boundaries? Public Duties and Private Law’ Workshop Leicester Law School, 21 October 2016.
- K. Moshikaro ‘A Possible Defamation Claim for Violations of Fair-Labelling’ presented at ‘Crossing Boundaries? Public Duties and Private Law’ Advanced Winter School for Postgraduate Students and Early-Career Legal Academics and Researchers, 20-21 July 2017.
- K. Moshikaro ‘Ibn-Rushd and the Moral Good of Friendship in Marriage’ presented at ‘International Conference on the Reconstruction of Culture Concept Just Law for Social Welfare’, University of Trisakti, Jakarta, 23 August 2017.