The University of the Free State Faculty of Law hosted its second International Private Law Conference on 28 and 29 May 2026, bringing together scholars, judges, legal practitioners, and postgraduate students from across South Africa and abroad to engage with some of the most pressing issues facing contemporary legal systems. 

Held at the Equitas Building on the UFS Bloemfontein Campus, the conference attracted delegates from institutions in Croatia, Turkey, Germany, and the Democratic Republic of Congo, making it the most internationally representative gathering in the event's short but steadily growing history. 

The conference opened with a thought-provoking keynote address by Judge Denise Greyling-Coetzer of the Free State Division of the High Court and a University of the Free State alumna.

“The law is not a place of rest,” she told delegates. Rather, it is a field in constant and necessary tension. "Too much rigidity produces injustice. Too much fluidity produces uncertainty." 

Her remarks set the tone for two days of critical reflection on the challenge facing modern legal practitioners: finding the balance between stability and transformation in an increasingly complex world. 

Building on the success of the inaugural conference in 2025, which focused on transformative constitutionalism and private law, this year's programme expanded its scope. Presentations explored topics including contract law, family law, property law, customary law, private international law, constitutional damages, artificial intelligence (AI), reproductive justice, digital defamation, and climate governance. 

The breadth of the programme reflected the complexity of legal systems navigating rapid social, technological, and constitutional change. 

Law and the realities of a changing society 

In her keynote address, Judge Greyling-Coetzer examined the shifting landscape of South African private law and posed a central question: Should long-established legal principles give way to new social realities?

Her response was measured. While doctrinal change is inevitable, she argued, it should occur in a coherent and principled manner that preserves the legitimacy and integrity of the legal system. 

"The question is not whether the law should evolve," she said, "but how that evolution should occur while preserving legitimacy." 

She highlighted the law of delict as one of the clearest examples of this tension. The once-and-for-all rule, which requires a plaintiff to claim all damages arising from a cause of action in a single proceeding, was developed to promote efficiency and finality. However, in catastrophic birth injury cases, where future medical needs are difficult to predict and compensation must account for decades of uncertainty, the rule is increasingly tested. 

Recent judgments, including the DZ Constitutional Court case, demonstrate how established legal doctrines are being reconsidered without necessarily being discarded. 

"Doctrinal change often occurs incrementally at the edges of application rather than through sudden rupture," Judge Greyling-Coetzer observed. 

For her, the Constitution remains the guiding framework in this process – not as a force for disruption, but as a foundation for principled legal development and re-evaluation.

Judge Greyling-Coetzer was recommended by the Judicial Service Commission for permanent appointment in October 2025 and formally appointed by the President in December 2025. She is currently regarded as the youngest serving permanent judge in South Africa.

Creating a platform for dialogue and collaboration 

Prof Maashutha Tshehla, Deputy Vice-Chancellor: Strategic Initiatives, Internationalisation and Institutional Affairs, delivered the opening remarks on behalf of the university and highlighted the importance of academic engagement in addressing contemporary societal challenges. 

"Conferences such as these create a space where ideas can be tested, assumptions challenged, partnerships strengthened, and new forms of knowledge generated in response to the changing realities of our societies," he said. 

Welcoming delegates, Prof Serges Kamga, Dean of the Faculty of Law, emphasised that private law remains a dynamic and evolving field. 

"Private law is far from static," he said. "It is a dynamic, evolving field that continues to respond to the complexities of modern society and the constitutional imperatives of our time."

This year's conference was also the first to be hosted in a hybrid format, extending participation beyond the Equitas Building to delegates joining online from around the world. 

According to Prof Kamga, the format represents more than a practical solution. It reflects the increasingly interconnected nature of legal scholarship and the faculty’s commitment to fostering an inclusive intellectual community that transcends geographical boundaries. 

Addressing contemporary legal challenges 

Across two days and two parallel streams, more than thirty papers were presented, examining some of the most significant developments in contemporary legal thought. 

International contributors explored topics such as the influence of European Union jurisprudence on matrimonial law, the harmonisation of jurisdictional rules in African private international law, and the civil liability implications of digital platforms across the continent. 

South African scholars contributed papers on a wide range of issues, including the marital rape exception, electronic wills, the eviction of students from university residences, exemption clauses in commercial contracts, and the role of the constitutional principle of ubuntu in reimagining delictual remedies. 

Several presentations engaged directly with the opportunities and challenges presented by AI, including AI-mediated access to experimental medication and the algorithmic mediation of contracts. 

The conference was organised by the Department of Private Law under the leadership of Prof Marda Horn and was sponsored by the Office of the Chief Justice, Juta and Company, and LexisNexis.