A secret torment for some, a proud responsibility for others, ‘black tax’ is a daily reality for thousands of black South Africans. In this thought-provoking and moving anthology, a provocative range of voices share their deeply personal stories.

With the majority of black South Africans still living in poverty today, many black middle-class households are connected to working-class or jobless homes. Some believe supporting family members is an undeniable part of African culture and question whether it should even be labelled as a kind of tax. Others point to the financial pressure it places on black students and professionals, who, as a consequence, struggle to build their own wealth. Many feel they are taking over what is essentially a government responsibility. The contributions also investigate the historical roots of black tax, the concept of the black family and the black middle class.

In giving voice to so many different perspectives, Black Tax hopes to start a dialogue on this widespread social phenomenon.

A proper grasp of the law of insolvency can be acquired only by reading and digesting a sizeable volume of case law. This text, designed to complement Hockly's Insolvency Law, allows students and practitioners to come to terms with a broad range of insolvency cases.

Tax Law: An Introduction deals with the fundamentals of income tax in a practical and clear manner that makes this book an ideal tool for tax teachers. Written for students, this much-needed textbook simplifies complex concepts and avoids unnecessary jargon as it explains the key objectives and principles of taxation. The book sheds light on contemporary South

African tax law and the most important tax cases. It covers the process of tax collection as well as the interpretation of tax legislation.

Tax Law: An Introduction is intended to ease the teaching and understanding of an often-daunting subject. The book includes a link to the relevant Acts for easy access by students.

This tenth edition of Hockly’s Insolvency Law has been renamed Hockly’s Law of Insolvency, Winding-up and Business Rescue to reflect the changes to the three main fields that it discusses.

Features distinguishing this tenth edition include these:

• Developments over the last ten years since the previous edition are summarized, including the statutory changes and the decisions of the Constitutional Court and the Supreme Court of Appeal and leading decisions of the High Court.
• In particular, business rescue is now discussed in three chapters, and the company’s compromise with its creditors is discussed in its own separate chapter.
• The introduction encourages readers to consider the need for reforming insolvency law in the 21st century, to read the law with a critical and creative eye, and to ponder the policy choices to be made.
• Chapter 7 on uncompleted contracts has been rearranged, opening with a pigeonholing approach to analysing contracts, followed by a statement of the supporting common law and a discussion of a series of specific contracts analysed according to which of the contractants is now in sequestration or liquidation.
• The text is even more accessible, with extra explanation for readers with limited library access, and the book is available as an e-book.
• Learners with a strong visual sense are shown examples of diagrams and timelines to help analyse complicated sets of facts and apply complicated provisions to them. It is recommended that they should identify the debtor in red in their diagrams.

Tax Law: An Introduction deals with the fundamentals of income tax in a practical and clear manner that makes this book an ideal tool for tax teachers.

Written for students, this much-needed textbook simplifies complex concepts and avoids unnecessary jargon as it explains the key objectives and principles of taxation. The book sheds light on contemporary South African tax law and the most important tax cases. It covers the process of tax collection as well as the interpretation of tax legislation.

Tax Law: An Introduction is intended to ease the teaching and understanding of an often-daunting subject.

This bilingual casebook assists undergraduate students in the areas of law dealing with partnerships, companies and insolvency. Generally, cases have been reproduced in their entirety to show students the various sections that make up a reported case. In more complicated cases the relevant facts have been summarised and the most important parts of the judgment reproduced.

This book provides a detailed, yet simplified reference to the general principles of the Law of Contract and specific contracts, other commercial transactions and corporate law.

The Law of Corporate Finance discusses, from a company law perspective, the provisions of the Companies Act 71 of 2008 relating to the field of shares, securities, and corporate finance. There have, thus far, been few major decisions of the courts providing guidance on this technical branch of company law. The Law of Corporate Finance unpacks the complexity of this field of law, while also examining the Companies Regulations and the common law principles preserved by the Companies Act. It offers a lucid and comprehensive treatment of this notoriously difficult subject. The Law of Corporate Finance is written to provide guidance to a wide range of persons seeking a proper grasp of both the principles of corporate finance as well as their practical application - from the judiciary, legal practitioners and legal advisors to auditors and accountants, from company directors and company secretaries to academics and students, whether undergraduate or postgraduate. The major company law topics in the field of corporate finance are discussed and analysed in this book. A highlight of The Law of Corporate Finance is that it includes a discussion of the legal remedies available to investors when the rules relating to corporate finance have been flouted. A further highlight is the practical examples that illustrate how corporate finance rules work and their shortcomings in specific situations. Due to the rapid globalisation of corporate law, a treatment of the legal position in leading foreign jurisdictions has been included, particularly those that have moulded the provisions of the South African Companies Act. These include English law, US law, Australian, Canadian and New Zealand law. This unique perspective provides an invaluable insight into the interpretation and application of the corporate finance provisions of the South African Act. Anyone seeking to understand the complex corporate finance rules will find this book to be useful and illuminating.

The Death of the Income Tax explains how the current income tax is needlessly complex, contains perverse incentives against saving and investment, fails to use modern technology to ease compliance and collection burdens, and is subject to micromanaging and mismanaging by Congress. Daniel Goldberg proposes that the solution to the problems of the current income tax is completely replacing it with a progressive consumption tax collected electronically at the point of sale.

The Law of Set-off has established itself as a leading authority on its subject. This is a developing area of law and the fourth edition brings the book fully up to date with the latest case law since the third edition was published in 2003. Including coverage of Commonwealth decisions, this is the most thorough work on Set-Off for legal practitioners.
New coverage includes analysis ofSecretary of State for Trade and Industry v Frid in relation to insolvency set-off, Re SSSL Realizations (2002) Ltd in relation to the rule in Cherry v Boultbee, Muscat v Smith in relation to equitable set-off, and in Australia, International Air TransportAssociation v Ansett Australia Holdings Ltd in relation to the "British Eagle" principle.
The book provides an authoritative commentary on the principles governing the law of set-off and is an essential purchase for banking, finance, and insolvency lawyers world-wide.

McCulloch v. Maryland (1819) has long been recognized to be one of the most significant decisions ever handed down by the United States Supreme Court. Indeed, many scholars have argued it is the greatest opinion handed down by our greatest Chief Justice. Much of this praise is merited for it is brilliantly argued, far reaching in its implications, and unusually eloquent. While Marshall, dedicated to the vision of a powerful and growing nation, ultimately laid the foundation for the living constitution, the impact of the opinion in his own time was short-lived. Almost all treatments of the case consider it from the vantage point of Chief Marshall's decision in which he famously declared the act creating the Second Bank of the United States constitutional and Maryland's attempt to tax it unconstitutional. Yet a careful examination of the context in which the case emerged reveals other, even more important issues involved that Marshall chose to ignore: the private profit making nature of the Second Bank of the United States; the power of the Bank to create branches in the states without their consent, which many people viewed as a direct assault upon the sovereignty of the states; and the differences between a tax levied by a state for the purposes of raising revenue and one which was meant to destroy the operations of the branches of the Bank. Addressing these issues most likely would have undercut Marshall's extreme nationalist view of the constitution, and his unwillingness to adequately deal with them produced immediate, widespread, yet varied dissatisfaction among the States. These issues are particularly important as the Supreme Court was forced to rehear them in Osborn et. al. v. Bank of the United States (1824) and they also formed the basis for Andrew Jackson's famous veto for the re-chartering of the Bank in 1832. Not only the first in-depth examination of McCulloch v. Maryland, but also a new interpretation of this familiar and landmark decision, this sharply argued book provides much new information and fresh insight into a source of constant division in American politics, past and present.

Principles of Market Abuse Regulation: A Comparative South African Perspective arguably offers the most comprehensive study of the regulation and enforcement of anti-market abuse laws in South Africa today. Accordingly, the book examines the regulation of the South African securities and financial markets to identify the strengths and weaknesses of the country's anti-market abuse laws. In this regard, the book provides that inadequate and inconsistent regulation of the securities and financial markets could give rise to low investor confidence, market volatility and poor market integrity. The author traces the regulation of market abuse under the Financial Markets Act 19 of 2012 and recommends measures that could enhance the combating of market abuse in the South African securities and financial markets. The Financial Sector Regulation Act 9 of 2017, which is set to expand the mandate of the Financial Services Board, is also considered. The global financial crisis of 2007-2009 provides context for the book. Events covered include South African and American international banks' collusion and market manipulation involving price-fixing, market allocation and rigging in the trading of foreign currency pairs of the South African rand since 2007.

This is a study of the law governing the bank-customer relationship pertaining to the disposition of funds by cheques and credit transfers, covering both paper-based and electronic payments. The work addresses, with various degrees of detail, common law, civilian, and `mixed' jurisdictions, particularly, Australia, Canada, England, France, Germany, Israel, Italy, Japan, South Africa, Switzerland and the United States. In addition to the description of the law in these jurisdictions, the book contains an in-depth analysis of the common issues and the responses to them, in light of desired policies. Accordingly, an evaluation of the various rules and proposals for reform are integral parts of the study.

The Global Financial Crisis has re-ordered how the EU intervenes in the EU financial market, both with respect to regulation and with respect to supervision. After 5 years of a behemoth reform agenda, the new landscape is now clear. Rule-making power has decisively moved to the EU and radical reforms have been made to the organization of supervision. EU Securities and Financial Markets Regulation provides the first comprehensive, critical, and contextual account of the vast new rule-book which now applies to the EU financial market in the aftermath of the seismic reforms which have followed the financial crisis. Topics covered in-depth include the AIFMD, EMIR, the Short Selling Regulation, the new market abuse and transparency regimes, the rating agency regime, the UCITS IV-VI reforms, and MiFID II/MiFIR; the analysis is wide-reaching, extending to secondary legislation and relevant soft law. The book also examines the far-reaching institutional changes which have followed and considers in detail the role and impact of the European Securities and Markets Authority and the potential impact of the Single Supervisory Mechanism for euro area banks on the supervision of the EU financial market. EU Securities and Financial Markets Regulation is the third edition of the highly successful and authoritative monograph first published as EC Securities Regulation. Almost entirely recast and re-written from the 2008 second edition to reflect the changes wrought by the Global Financial Crisis, it adopts the in-depth contextual and analytical approach of earlier editions and so considers the market, political, international, institutional, and constitutional context of the new regulatory and supervisory regime, and the underlying forces which have (and will continue to) shape it.

In Legislating International Organization, Kathryn Lavelle argues against the commonly-held idea that key international organizations are entities unto themselves, immune from the influence and pressures of individual states' domestic policies. Covering the history of the IMF and World Bank from their origins, she shows that domestic political constituencies in advanced industrial states have always been important drivers of international financial institution policy. Lavelle focuses in particular on the U.S. Congress, tracing its long history of involvement with these institutions and showing how it wields significant influence. Drawing from archival research and interviews with members and staff, Lavelle shows that Congress is not particularly hostile to the multilateralism inherent in the IMF and World Bank, and has championed them at several key historical junctures. Congress is not uniformly supportive of these institutions, however. As Lavelle illustrates, it is more defensive of its constitutionally designated powers and more open to competing interest group concerns than legislatures in other advanced industrial states. Legislating International Organization will reshape how we think about how the U.S. Congress interacts with international institutions and more broadly about the relationship of domestic politics to global governance throughout the world. This is especially relevant given the impact of 2008 financial crisis, which has made the issue of multilateralism in American politics more important than ever.

Bunkers are the lifeblood of the shipping industry - their availability, quality and, above all else, cost often determine whether a shipowner can operate efficiently and profitably. Cockett on Bunkers provides those involved in the shipping and oil industries with an understanding of the worldwide bunker fuel industry and a comprehensive manual that can be used as a reference in day-to-day bunker management and operation. Cockett on Bunkers contains up-to-date information on marine fuel standards and monitoring services, bunker buying techniques, bunker suppliers and the art of blending, pricing and bunkering operational procedures and takes into account recent developments in these areas.;Written in an accessible style with the emphasis on practical interpretation.

Mars: The Law of Insolvency in South Africa has established itself as a specialist work that has for decades been the guide for anyone who practices in this important area of law. The tenth edition of Mars: The Law of Insolvency has been revised by a team of eleven authors to include developments in the law of insolvency and associated areas of the law to give readers an up-to-date treatment of this important area of law. While retaining the proven structure of the previous editions, this edition aims at dealing comprehensively with all aspects of insolvency law. The latest edition retains references to landmark cases and articles in legal journals but also incorporates numerous new references to critical analyses of applicable legislation, case law, insolvency law reform initiatives and international developments in the field of insolvency law, enabling the reader to gain a proper understanding of the principles underlying the South African law of insolvency.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Providing a comprehensive overview of the body of law that regulates the insurance business, this Advanced Introduction evaluates the governing principles, policies, values, and purposes of insurance legislation and related judicial doctrines. It examines the ways in which the industry's origins help us understand its present shape, and how insurance connects to major public policy issues that will shape the world for future generations. Key Features: Introduces the fundamental rules and principles of insurance law Explores how these rules and principles intersect with important issues of public policy Discusses how insurance law shapes public choices in the modern world Examines the interactions between insurers and the people who purchase their products Proposes avenues for further research relating to fortuity, indemnity, misrepresentation and breach of warranty, settlement obligations, and risk classification Providing an enlightening overview of insurance law in context, this Advanced Introduction will be crucial reading for students, scholars, and practitioners in business law, insurance law, and risk management.

Providing a thorough legal analysis of money in all its aspects, Mann on the Legal Aspect of Money has been the leading text on the private and public law of money ever since the publication of the first edition in 1939. This latest edition considers issues that arose in the course of the financial crisis, including the legal aspects of the Greek financial crisis, the implications of quantitative easing and the "lender of last resort" function of the central bank. Additionally, there is a new chapter on payment processes following the Payment Services Directive and legislation designed to reinforce legal arrangements in the context of payment systems. In a private law context, the book deals with the nature of money and its use in the payment of private debts and the right to interest and damages in the event of a delay in the payment of a monetary obligation. It also addresses the implications of money laundering regulations, sanctions and similar legislation in the context of monetary obligations. From a public law perspective, it explores the legal consequences of inflation and the erosion of monetary value as well as the structure of national monetary systems, including monetary pegs, currency boards and dollarization. In an international law context, the legal implications of monetary associations are considered including economic and monetary union in Europe. The text also considers the legal implications of fluctuating exchange rates and international obligations in relation to the national currency (e.g. exchange rate manipulation and discriminatory monetary practices). The seventh edition of Mann gives an up-to-date and detailed discussion of current matters, whilst continuing to provide an in-depth analysis on all aspects of monetary law in a single reference source.

International Cooperation in Bankruptcy and Insolvency is published in cooperation with the International Insolvency Institute and the American College of Bankruptcy. The Honorable Bruce A. Markell, Dr. Bob Wessels and Prof. Jason Kilborn provide readers with invaluable insights into the origin, development and future of communication and cooperation in cross-border insolvency cases between insolvency practitioners and the courts. The globalization of the world's economy has led to highly complex international aspects of financial reorganization and restructuring. This publication analyzes the structures, systems, and practices that have developed and are quickly emerging to coordinate and enhance international administrations.

With individual voluntary arrangements assuming an increasingly dominant position within personal insolvency law over the last 35 years, this timely book presents a concise yet authoritative guide to this formal debt relief mechanism. It analyses the statutory framework and how this has been interpreted and applied by the courts, as well as the policies that guide it. Key Features: Overview of the essential nature of the law and its effect on the debtor, the creditors, and third parties Focus on the law as it currently stands, together with an analysis of how this has changed and developed Review of primary documents, including the proposal and the statement of affairs Examination of the procedures involved, the statutory framework in which those procedures are embedded, and the interpretation of this framework that has been applied by the courts Providing an informed and extensive review of the law, it will be invaluable to insolvency practitioners, lawyers, and judges working with individual voluntary arrangements. Accessible and concise in its analysis, it will also be useful to students and scholars of insolvency law researching voluntary arrangements.

This timely book offers a comprehensive study of the mechanism that gives effect to foreign bank resolution actions. In particular, it focuses on how the legal framework for the recognition of foreign bank resolution actions should be structured and proposes detailed legal principles on which effective frameworks should be based. Shuai Guo conducts both normative and positive law analysis to investigate the status quo of available legal instruments that are used to recognise foreign resolution actions within three representative jurisdictions: the European Union, the United States and mainland China. Building on the traditional legal doctrines of private international law, financial law and insolvency law, this book proposes ten principles that should be applied to foreign bank resolution actions, offering innovative ideas for further research and study. Additionally, it fills the gap in scholarly research on the issue of cross-border bank resolution and formulates rules that would facilitate effective resolution actions across borders to achieve a global orderly resolution for banks. Recognition of Foreign Bank Resolution Actions will be key reading for researchers and students in the fields of private international law, finance and banking law. The technical legal issues addressed throughout the book will also appeal to insolvency and banking lawyers, as well as policy makers within the field.

This title is not merely a new edition, but a complete rewrite. It provides the reader with a thorough understanding of international income tax aspects from a South African perspective. Topics generally regarded as highly complex are dealt with in a practical way, and illustrated by relevant examples. These topics include: controlled foreign companies; foreign dividends; exchange controls; tax havens; intermediate holding companies; double-taxation agreements. Some features of this title include: a discussion of the 2010 Update to OECD Model Tax Convention and Commentaries as well as the 2010 SA Legislative amendments; a rewritten chapter on Trusts; a substantially expanded bibliography. Five new chapters added on: Taxation of individuals; Taxation of Companies and Dividends; Taxation of Partnerships; Cross-border VAT; and Interpretation of Statutes.

This comprehensive Commentary provides an in-depth analysis of each of the 31 UN Guiding Principles on Business and Human Rights, as well as the 10 Principles for Responsible Contracts. It engages in both a legal and contextual examination of the Principles alongside their application to real world practices at both the domestic and international levels. Key Features: One of the first detailed considerations of each of the Principles for Responsible Contracts Contributions from more than 40 leading international academics and practitioners in the field Discussion of legal and regulatory instruments as well as case law emanating from the Principles Offers information on interpreting, analysing, and using the UNGPs and the Principles for Responsible Contracts in a centralized accessible format. Practitioners, including government officials, who are responsible for corporate governance and human rights issues will find this Commentary invaluable for its systematic analysis of the obligations of both States and corporations. It will also be of interest to academics and those working for NGOs in the area of business and human rights, as well as businesses themselves looking to incorporate sustainability initiatives into their corporate practices.