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Throughout the past 50 years, the courts have been a battleground for contesting political forces as more and more conflicts that were once fought in Parliament or in streets, or through strikes and media campaigns, find their way to the judiciary.
Certainly, the legal system was used by both the apartheid state and its opponents. But it is in the post-apartheid era, and in particular under the rule of President Jacob Zuma, that we have witnessed a dramatic increase in ‘lawfare’: the migration of politics to the courts.
The authors show through a series of case studies how just about every aspect of political life ends up in court: the arms deal, the demise of the Scorpions, the Cabinet reshuffle, the expulsion of the EFF from Parliament, the nuclear procurement process, the Cape Town mayor…
The Land Is Ours tells the story of South Africa’s first black lawyers, who operated in the late nineteenth and early twentieth centuries. In an age of aggressive colonial expansion, land dispossession and forced labour, these men believed in a constitutional system that respected individual rights and freedoms, and they used the law as an instrument against injustice.
The book follows the lives, ideas and careers of Henry Sylvester Williams, Alfred Mangena, Richard Msimang, Pixley ka Isaka Seme, Ngcubu Poswayo and George Montsioa, who were all members of the ANC. It analyses the legal cases they took on, explores how they reconciled the law with the political upheavals of the day, and considers how they sustained their fidelity to the law when legal victories were undermined by politics.
The Land Is Ours shows that these lawyers developed the concept of a Bill of Rights, which is now an international norm. The book is particularly relevant in light of current calls to scrap the Constitution and its protections of individual rights: it clearly demonstrates that, from the beginning, the struggle for freedom was based on the idea of the rule of law.
The law has developed considerably in several areas since the publication of the fourth edition in 2014.
Barring a few exceptions, the research that preceded the publication of this book was concluded in January 2018.
It is well known that the African National Congress was formed in 1912 and is considered the oldest political organisation on the African continent. What is often not widely known is that the person who founded it was one Pixley ka Isaka Seme, a thirty-year-old black South African from Inanda outside the city of Durban.
What is remarkable about Seme’s achievement in founding the ANC is not only that he succeeded where most had failed at forging black political unity. It is also the speed at which he did it. He had just returned to South Africa from the United Kingdom and the United States of America, where he had been a student since he was a teenager. In slightly over a year the founding conference of the ANC was convened and he was at its helm as the main organiser.
Seme also established a national newspaper, became one of the pioneering black lawyers in South Africa, bought land from white farmers for black settlement right at the time when opposition to it was gaining momentum, became a sought-after adviser and confidant to African royalty, and was considered a leading visionary for black economic empowerment. And yet, when he became president general of the ANC in the 1930s, he brought it to its knees through sheer ineptitude and an authoritarian style of leadership. On more than one occasion he was found guilty for breaching the law, which partly led to him being struck off the roll of attorneys.
This book discusses in detail Seme’s extraordinary life, from his humble beginnings at Inanda Mission to his triumphs and disappointments across the continents, in his public and private life. When Seme died in 1951 he was bankrupt and his political standing had suffered greatly. And yet he was praised as one of the greatest South Africans ever to have lived. For all this, he has largely been forgotten. This biography brings the remarkable life of this extraordinary South African back to public consciousness.
In Rule Of Law, Glynnis Breytenbach reflects back on her career as a prosecutor, including specific cases she has tried, and on her life to provide a fascinating commentary on the importance of the independence of judicial institutions and the precariousness of this independence.
Her current challenges are directly linked to how outspoken she is and how she continues to campaign fiercely for the rule of law in this country.
Interpretation of statutes is about understanding enacted law-texts, that is, making sense of the legislative scheme applicable to the situation at hand. Statutory Interpretation: An Introduction for Students aims to teach students to interpret and apply legislation within the total legal environment.
Part 1 (‘Statute law’) introduces students to the different types and categories of legislation, the structural components of legislation, the sometimes confusing ‘codes’ used in legislative texts, and the challenges of applying old order legislation together with new legislation. Part 2 (‘How legislation is interpreted’) comprises a chapter on the theoretical foundations of interpretation and an overview of the basic approaches to statutory interpretation in South Africa, and a chapter dealing with the practical application of the rules of interpretation. Part 3 (‘Judicial law-making during interpretation, and peremptory and directory provisions’) deals with day-to-day applications, and Part 4 is a basic introduction to constitutional interpretation. Students are also introduced to less well-known aspects of statutory interpretation, such as deeming clauses, the suspension of legislation, sunset clauses, legalese, and the counter-majoritarian difficulty.
The fifth edition of Statutory Interpretation: An Introduction for Students is a user-friendly introduction to the basic principles of statutory interpretation. It is aimed mainly at undergraduate students, but practitioners will also find it useful. The rules and principles of statutory interpretation are explained using hypothetical situations and practical examples from case law and legislation.
Wilfrid Cooper was a rare man during the dark days of apartheid: an advocate whose career coincided almost perfectly with the rise and fall of the Nationalist government, intersecting eerily with that of its “architect” HF Verwoerd, and yet a man whose enlightened principles and liberal thinking saw him regularly defending those less fortunate.
His storied legal career saw him embroiled in numerous political affairs throughout the 1960s, ’70s and ’80s. He represented, among others, Verwoerd’s assassin Dimitri Tsafendas; the SWAPO Six in Swakopmund; the families of Imam Abdullah Haron, Mapetla Mohapi and Hoossen Haffajee and others who died “jumping down stairwells while in detention” or hanged by their own jeans in their cells; and Steven Biko and other activists who were arrested by the security police in the dead of night. There were also the highprofile criminal cases, including the original Kebble-style “assisted suicide” of Baron Dieter van Schauroth and the scandalous case of the Scissors Murderess Marlene Lehnberg.
Wilfrid Cooper reached the peak of his considerable legal prowess in a time when South Africans led a parallel existence, the majority downtrodden while white privilege reigned serenely in the suburbs – a time that could have easily provided him a less controversial career had he desired. And yet even as he and his gregarious wife Gertrude enjoyed wonderful and very sociable years in their Newlands home in Cape Town – an area that was itself remodelled under the Group Areas Act – he chose to walk the path less taken in the shadow of Devil’s Peak. This is his story.
The Law Student's Dictionary is an invaluable reference work for
all law students. The terms have been chosen with the specific
needs of the undergraduate student in mind, providing a full
insight into legal terminology and ensuring students are familiar
with terms they will encounter during their studies.
In August 2012, mineworkers in one of South Africa's biggest platinum mines began a wildcat strike for better wages. Six days later the police used live ammunition to brutally suppress the strike, killing 34 and injuring many more.
Miners Shot Down shows the courageous fight waged by a group of low-paid workers against the combined forces of mining company Lonmin, the ANC government and their allies in the National Union of Mineworkers.
What emerges is collusion at the top, spiralling violence and the country's first post-apartheid massacre.
The Law of Commerce in South Africa 2/e provides a clear and practical introduction to various fields of commercial law, for students of accounting and other business disciplines. The text conveys concepts and principles of commercial law in a manner which is accessible and vibrant, clearly demonstrating the practical relevance and application of the legal principles in the commercial world. The text provides clear explanation and extensive illustrative examples to support understanding, as well as a clear pedagogical structure which includes end-of-chapter questions to assess comprehension.
Introduction to law and legal skills introduces LLB students to legal history and basic frameworks and concepts in a graduated, applied and engaging way. The core focus of this text is its innovative educational and learning-developed approach, which helps teach students how to think as lawyers. Knowledge of theory and concept is reinforced through applied, practical exercises which support comprehension. This integrated approach furthers understanding to build and develop independent academic skills. In particular, the text encourages the development of language skills, critical and independent thinking, and legal research skills.
Labour Relations: A southern African perspective is the seventh edition of a text first published in 1989 under the title Labour Relations in South Africa. At that time, it was the first comprehensive textbook of its kind and was hailed as having reached the finishing line when others were still at the starting block.
Since then continuous social, political and legislative developments, and the ever-changing labour relations scenario, have necessitated regular updates, as well as the more recent change to its title.
Like its predecessors, this edition uses the labour ‘relationship’ as its starting point, guiding readers through the establishment of labour relations systems, the key participants and interactions involved and the legislation governing these interactions. It does this by using detailed practical examples, explanations and real-life cases where applicable.
In various parts of this latest edition, the text touches on the Fourth Industrial Revolution, the nature of changes to come and the implications for the world of work.
Lawyers must be able to do research and should be able to do it well in order to honour their obligations, be those obligations commercial, in the field of criminal justice, constitutional, judicial or academic. Yet much confusion surrounds the nature of research, the need for lawyers and law students to undertake research projects, the requirements for the dissemination of the results, and their impact on policy and practice. Why is legal research needed? What does it entail? Where should one begin? What methods are used for legal research? What are the ethical issues involved? How does one go about publishing the results of one’s research in law, and which are the appropriate publication platforms? How should the quality of legal research be judged?
Legal Research: Purpose, Planning and Publication seeks to begin answering these questions, to introduce law students to legal research, and perhaps even to open up some new perspectives for those in the legal community who wish to sharpen their research skills.
The guidelines and views in Legal Research are not offered as hard doctrine, but rather as a route map for a journey of discovery, in the course of which readers may develop their own approach to the production of valuable legal research results.
Legal Research provides an introduction to ease the way of legal researchers, especially those with little expertise and experience, and perhaps to open a debate among the more experienced lawyers, who have not yet given much thought to the matter, about developing and improving our understanding of legal research in South Africa.
Law as a profession was not Dikgang Moseneke’s first choice. As a small boy he told his aunt that he wanted to be a traffic officer, but life had other plans for him. At the young age of 15, he was imprisoned for participating in anti-apartheid activities. During his ten years of incarceration, he completed his schooling by correspondence and earned two university degrees. Afterwards he studied law at the University of South Africa.
Practising law during apartheid South Africa brought with it unique challenges, especially to professionals of colour, within a fraught political climate. After some years in general legal practice and at the Bar, and a brief segue into business, Moseneke was persuaded that he would best serve the country’s young democracy by taking judicial office. All Rise covers his years on the bench, with particular focus on his 15-year term as a judge at South Africa’s apex court, the Constitutional Court, including as the deputy chief justice. As a member of the team that drafted the interim Constitution, Moseneke was well placed to become one of the guardians of its final form. His insights into the Constitutional Court’s structure, the values it embodies and the cases that were brought to it make for fascinating reading.
All Rise offers a unique, insider’s view of how the judicial system operates at its best and how it responds when it is under fire. From the Constitutional Court of Arthur Chaskalson to the Mogoeng Mogoeng era, Moseneke’s understated but astute commentary is a reflection on the country’s ongoing but not altogether comfortable journey to a better life for all.
In Namibia the 1980s were a dark decade of human rights abuses by South African security forces. Judge David Smuts, then a young Windhoek lawyer, felt compelled to take on the system.
His gripping memoir details several dramatic cases, including the freeing of detainees that had been held secretly for six years, proving that torture was used to extract ‘confessions’ and that Koevoet knowingly killed civilians. Working with the likes of Sydney Kentridge, Geoff Budlender and Arthur Chaskalson, Smuts won legal victories and established a legal centre in the far North, where many misdeeds had taken place. Smuts also takes a fresh look at the assassination of Anton Lubowski, anti-apartheid activist and his close friend.
This highly readable real-life thriller about standing up for what is right sheds light on a shocking, largely untold part of our recent history.
Following the defeat of Hillary Clinton in the presidential election of 2016, many prominent scholars and political pundits argued that a successful Democratic Party in the future must abandon identity politics. While these calls for Democrats to distance themselves from such strategies have received much attention, there is scant academic work that empirically tests whether nonracial campaigns provide an advantage to Democrats today. As Christopher Stout explains, those who argue for deracialized appeals to voters may not be considering how several high-profile police shootings and acquittals, increasing evidence of growing racial economic disparities, retrenchments on voting rights, and the growth of racial hate groups have made race a more salient issue now than in the recent past. Moreover, they fail to account for how demographic changes in the United States have made racial and ethnic minorities a more influential voting bloc. The Case for Identity Politics finds that racial appeals are an effective form of outreach for Democratic candidates and enhance, rather than detract from, their electability in our current political climate.
Arthur Chaskalson: A Life Dedicated to Justice for All is a biography of a remarkable life lived in service both to law and to the struggle for social change and justice. The social change it describes is the victory over apartheid, which was won on several fronts and through the efforts of people in many nations, but an important one of those fronts lay in the courts of South Africa itself.
Arthur Chaskalson’s life story and the four phases of his remarkable career – advocate at the Johannesburg Bar; founder and leader of the Legal Resources Centre; his involvement in the constitution-making process; and his term as the first Chief Justice of South Africa’s Constitutional Court – embody the story of law in the struggle against apartheid and then in a newly created democracy. At the same time, Chaskalson’s chronicle is also individual, the shaping of the moral intelligence of a lawyer and a judge, trusted by everyone he dealt with, through the fires of a lifetime’s opposition to a society’s injustice.
In exploring Chaskalson’s life and career, we appreciate more clearly the roles lawyers can play in social change and the achievement of a just social order, and at the same time we gain insight into the combination of upbringing, experience and character that shapes a man first into a ‘cause lawyer’ and then into a path-breaking and foundation-laying judge.
Every criminal case starts in a magistrates' court, and most end there. Last year, the 14,000 magistrates of England & Wales dealt with almost 1.4 million cases. But, what exactly does a magistrate do, who are they, and how are they recruited and trained? Are they out-of-touch and unrepresentative, or still fit for purpose with a role to play in today's increasingly sophisticated and complex judicial system? The Secret Magistrate takes the reader on an eye-opening, behind-the-scenes tour of a year in the life of an inner-city magistrate. Chapters cover a variety of cases including the disqualified driver who drove away from court, the Sunbed Pervert, and Fifi the Attack Chihuahua. Foreword by Malcolm Richardson OBE | Chair, Magistrates Association, 2015-17
Trial preparation is a process that often commences immediately after the close of pleadings. It involves what may be categorised as: external procedural steps directed at the opposing litigant or third parties, such as requesting further particulars and replying to requests, making discovery and subpoenaing witnesses; internal acts of preparation, such as identifying the issues in a matter, determining the witnesses required to be called, preparing to lead and cross-examine witnesses and undertaking research on law. An extensive range of the steps to be taken are dealt with in this book. Where they involve matters of procedural and related law, the basic principles are set out and practical advice is given to assist in deciding when and how to use these legal procedures. Practical steps to prepare for trial are also dealt with in a manner that can be readily understood. To explain abstract concepts, several examples of pleadings in different types of actions (in an appendix) are used as illustrations.
Regsalmanak: 100 stories uit ons regserfenis is ’n keur uit die rubriek Regsalmanak wat Gustaf Pienaar sedert 2012 op gereelde grondslag vir LitNet lewer. Die 12 hoofstukke se titels is die 12 maande van die jaar, en elke maand het datumverwante verhale, telkens met ’n regsinhoud. Pienaar put uit gepubliseerde hofverslae vir hierdie vermaaklike dog leersame verhale.
Regter Burton Fourie, wat die voorwoord tot die boek skryf, beskryf Regsalmanak as volg: “Vir almal – jonk en oud – behoort hierdie publikasie van groot waarde te wees, veral om die implementering van regsbeginsels op praktiese vlak te ervaar. In hierdie opsig is die skrywer werklik ’n meester. Regsbeginsels word deur die gebruik van keurige Afrikaans verduidelik en toegepas. Daardeur word soms ingewikkelde regsbegrippe vir almal toeganklik gemaak. Derhalwe is die werk ’n hoogs genotvolle reis deur ons regsgeskiedenis.”
Now part of the Juta’s Property Law Library series, the third edition provides a comprehensive discussion of the core aspects of South African planning law.
The second edition, Planning Law (2012), reflected more of the new constitutional dispensation that brought with it not only a focus on values and equity, but also the development of an entirely new vision and structure for planning in the three spheres of government. It introduced some basic principles, addressed the apartheid roots of planning law in South Africa and gave detailed attention to the core of planning law.
Since the publication of the second edition, planning law has received increasing attention and the constitutional, legislative and jurisprudential framework has undergone significant contextual development. Evolving constitutional insights are providing a better perspective on the content of planning law and the impact of planning frameworks and decisions on government, in its three spheres, as well as owners and neighbours.
The Constitutional Court has, to a large extent, clarified the different planning competences and how these are allocated to each of the spheres of government. The enactment of the Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) has paved the way for the discipline to develop considerably and to be more integrated. The resultant effect on planning law has been immense and has necessitated this new edition that has been reworked and updated in its entirety. Since planning law is multi-faceted, the book also deals with related administrative, environmental, local government and informal settlement issues. All the relevant legal principles and legislative provisions are amplified by discussions of applicable court decisions.
Legal language, or 'legalese' as it is sometimes called, is a language that many people find hard to understand. This is because some of the words and phrases that lawyers and other legal experts use do not form part of regular everyday communication. However, when these experts speak and write using unfamiliar language it is often because they have to: 'ordinary' language cannot properly or accurately describe the often complex concepts and issues involved. This dictionary bridges the gap between the world of everyday language and the world of legal language. Users can access over 20 000 legal words, each of which is explained in plain English for the benefit of people without a legal background, as well as legal practitioners, law students and other members of the legal profession. The dictionary deals with the areas of criminal law, criminal procedural law and law of evidence, and is aimed at familiarising users with the use of legal language in a number of settings, including the courtroom. A trilingual publication, this English-isiXhosa-Afrikaans dictionary also contains a useful list of Latin terms and phrases, together with explanatory notes, as a centre insert. Synonyms, homonyms and polysemes are identified and explained, and the dictionary provides guidance on the use of abbreviations and how to cross-reference lemmas (headwords).
The growing importance of this area of law both locally and internationally has prompted a number of local academics to pool their knowledge in compiling a book that not only deals with the core aspects of the law but also covers developing aspects that are drawing substantial attention both internationally and locally.
This book makes a major contribution to the surveys of intellectual property that already exist.
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