n Stellenbosch Law Review - Where is the map to guide common-law development?

Volume 25, Issue 1
  • ISSN : 1016-4359


In 1921, at the age of 45, Morti Malherbe succeeded HHA Fagan (later to become Chief Justice of South Africa) as Professor in the Law Faculty of the University of Stellenbosch, which had been established only one year previously and which was then the first law faculty in which the medium of instruction was Afrikaans. Malherbe continued to teach until the end of 1954 when he was 80. Writing in 1964, one of Malherbe's students, Professor Wouter de Vos (who was also my teacher) paid tribute to the contribution that Malherbe had made to the law faculty at Stellenbosch. In particular, he emphasised that Malherbe's approach was not primarily designed to produce practitioners possessed with ready practical knowledge but was rather to train jurists who would be armed with clear legal principles and capable of analytical thought. His inspirational teaching encouraged a remarkable number of talented people to continue in the field of higher research, which research unquestionably developed South African private law.

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