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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.
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.
The book introduces students to the general principles of the law of succession in South Africa, integrating the common law, statutory law, constitutional perspectives, and the related customary law principles. It addresses the Civil Union Act 17 of 2006, and the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009 and other legal developments.
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.
English For Law Students has been written by experts in communication and aims at encouraging dialogue and interaction between lecturer and student. The methodology used is not only useful to law students but also to those lecturers who do not have a legal background.
This third edition has been updated and includes an audio CD, containing exercises for listening practice, aimed at developing and refining note-making skills.
Jurisprudence explores fundamental questions about law and justice from a philosophical and theoretical perspective. Rather than merely describing the field, the book provides rigorous evaluation of jurisprudential arguments and explains in clear, accurate and accessible terms, the complex and cutting-edge debates which define the field of contemporary jurisprudence.
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.
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.
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.
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.
There is already ample evidence that the new constitutional order has triggered an unprecedented flowering of South African jurisprudential debate. The aim of this book is to provide a sensitive and intuitive understanding of these debates. In addition, lecturers will be given an innovative approach to what has been previously regarded as a difficult, boring and irrelevant subject.
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.
Blackstone's Police Q&As 2021 are the essential revision tool for all police officers sitting the NPPF Step Two Legal Examination. They are created to follow Blackstone's Police Manuals, the only study guides endorsed by the College of Policing. Blackstone's Police Q&A's are undoubtedly providing the most authoritative means of self-testing outside of the promotion examinations. Arranged in four volumes of Crime, Evidence and Procedure, Road Policing, and General Police Duties, reflecting the Blackstone's Police Manuals and the NPPF Syllabus 2021, you have access to hundreds of multiple-choice questions designed to reinforce knowledge and understanding. Matching the only format of questions you will see in a NPPF Step Two Legal Examination, each question has a detailed and comprehensive answer that highlights not only the correct response, but also the reasoning so that you understand the law and how it should be applied in practice and, as importantly, why the incorrect responses are wrong. This is essential for building your understanding of the syllabus and how it will be examined and also allows candidates to highlight any gaps or weaknesses in their knowledge. Each Q&A includes full cross-references to the relevant Manual paragraphs and Keynotes encourage more effective studying, while a question checklist helps you track your progress. The 2021 editions contain new and revised questions, reflecting changes in the Blackstone's Police Manuals. All four volumes have been updated in line with recent changes to legislation. Blackstone's Police Q&As are also available as part of our online Blackstone's Police Manuals and Q&As service: www.blackstonespoliceservice.com
Blackstone's Police Investigators' Manual and Workbook 2021 are the only official study guides for the National Investigators' Exam (NIE), which is taken as part of Phase 1 of the Initial Crime Investigators' Development Programme. It is the most comprehensive and effective package for studying for the NIE, providing the complete 2020 syllabus, and practical exercises and multiple-choice questions to test your knowledge. Based on the bestselling Blackstone's Police Manuals, Blackstone's Police Investigators' Manual 2021 provides all the legal information which is relevant to your role as a trainee investigator and is applicable to all NIE exams taken in 2021. Covering all key legislation in the areas of General Principles, Police Powers and Procedures; Serious Crime and Other Offences; Property Offences; and Sexual Offences, it also features the relevant PACE Codes of Practice, with chapters incorporating the relevant Code with Keynotes offering practical advice and examples, as well as chapters covering the Immigration Act 1971 and the Customs & Excise Management Act 1979 for investigators within immigration, customs, and the National Crime Agency. Blackstone's Police Investigators' Workbook 2021 has 24 chapters, offering you an opportunity to gauge your revision progress through multiple-choice questions at each chapter opening, followed by a refresher section on complex parts of the syllabus with exercises and flowcharts, and recall questions at the conclusion to reinforce learning. Useful cross references point back to the Manual in the answer sections. Now in its nineteenth edition, both the Manual and Workbook contain the latest legislation and case law relevant to the 2021 NIE, including the Policing and Crime Act 2017 and the revised PACE codes C, E and F, new legislation under the Investigatory Powers Act 2016, and significant case law decisions.
This is a portable reference for anyone who needs Chinese legal terms at their fingertips. The book is designed to help communicate in real-life situations where it is vital to quickly find a legal term or phrase in Chinese.
This incisive textbook enhances understanding of EU competition law, exploring significant substantive and enforcement issues relating to antitrust, merger control and state aid law. Providing an examination of well-established doctrines, landmark judgements and the impact of recent developments, this textbook also highlights the importance of the interplay between domestic and European competition law by discussing national competition rules and frameworks. Competition Law in the EU will be an invaluable resource for advanced undergraduate and masters-level students of European or comparative competition law. The textbook will also be beneficial to other postgraduate researchers and practitioners; in particular, it will be a useful guide for in-house company training courses. Key features include: * A focus on the European and national dimensions of the EU competition rules, including the shared enforcement responsibilities of the European Commission and national authorities * Analysis of recent developments in competition law, including digital markets * Discussion of the impact of issues such as Brexit and the Covid-19 pandemic * Critical assessment and thorough analysis of the most significant competition law issues.
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.”
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. Sabino Cassese presents an incisive introduction to the essential principles of global law, exploring the central theories of globalization through an analysis of the main developments in this area. The Advanced Introduction concludes that despite the ongoing dialectic between national governments and international institutions, globalization and states are progressing in parallel, while civil societies are increasingly involved in the machinery of globalization. Key features include: * Exploration of the key characteristics of the global legal space * Discussion of the tensions between the state and global actors * Analysis of the dialogue between civil societies and world regulators * An examination of administrative forms of protection and their implementation. This Advanced Introduction will be a valuable guide for scholars and advanced students of global and transnational law. Examining both specific cases and relevant institutions and procedures, it will also be beneficial for legal practitioners.
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