Dr Simphiwe Phungula
LLB (UKZN)
LLM (UKZN)
PhD (UKZN)
Advocate of the High Court
Bio
Dr Phungula is a Senior Lecturer at the University of Cape Town and an admitted advocate of the High Court of South Africa. He holds an LLB, LLM, and PhD, with his doctoral research focusing on business rescue within the framework of South African corporate law.
His scholarly work is situated at the intersection of business rescue and insolvency law, with particular emphasis on the interpretation, application, and reform of the Companies Act 71 of 2008. Dr Phungula has published several peer-reviewed articles that critically interrogate the theoretical underpinnings and practical operation of business rescue proceedings, contributing to ongoing debates on the protection of affected persons and the balance between rescue culture and commercial certainty.
Dr Phungula’s academic research is informed by substantial legal practice experience. He has provided legal advice to a range of corporate entities on directors’ responsibilities, corporate decision-making, and the drafting and structuring of commercial contracts. This combination of doctrinal analysis and practical engagement underpins his teaching and research philosophy.
He is an active participant in the academic community, regularly presenting papers at local and international conferences, and is experienced in supervising LLM and PhD candidates.
Teaching
Corporation law, corporate governance, and labour law.
Research Interests
Corporate law in general with specific expertise in business rescue; and labour law.
Publications
Dr Phungula's publications list can be accessed on Google Scholar.