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Unafraid to challenge the status quo, CR Snyman's Criminal Law takes a challenging look at criminal law in South Africa. This book has been thoroughly revised in light of important changes in the South African legal system, with updated reference to the latest reported judgements.
The healing power of life writing, one shared story at a time This Is How It Is a “refreshing, poignant and wide-ranging” (Helen Moffett) collection of real life experiences: 52 stories, prose and poetry, that tell of a man who is anxious about an HIV test; a child with an alarming nose for gossip and a girl who is saved by the enemy in a war zone. Some of the writers are grieving the loss of a child or struggling with addiction, abuse, bullying or betrayal. Most of these writers have never been published before. They wrote these stories primarily to bear witness to their lives and the troubled times in which we live. Putting traumatic experiences down on paper can help people work through shame, guilt and fear, releasing them from the traps they lay. Writing is sometimes able to turn a painful incident into something more manageable, even beautiful. Sharing stories can also heal both the writer and the reader. When we first meet a stranger, we make assumptions about them. When we hear of their life in their own words, we find that many of our negative assumptions are wrong. Often we discover that we are more alike than we are different. Our magnificent world is in trouble, much of it because we are not paying attention to what is right in front of us. When the facts don’t stir us to reconsider, story can. This anthology invites us to become curious and reflective rather than fearful and defensive. It encourages us to climb down from the ladder of hierarchy and competition and to join the circle of relationship and humanity by becoming vulnerable enough to share and listen to our own and each other’s half-hidden stories. But equally importantly, Bongani Kona, 2016 Caine Prize finalist, reminds us: “We forget that the most daring thing we can do is to allow ourselves to be seen. To stand before the world and to say this is who I am. This is how it is.” About THE LIFE RIGHTING COLLECTIVE: The Life Righting Collective (LRC) runs courses for anyone who wants to learn to write about their experiences. The approach promotes self-discovery, self-recovery and more effective communication. It raises funds to make courses available to those in need of sponsorship and to provide platforms for these life stories to be published. Sharing experiences with a wide readership can help reduce discrimination and promote mutual understanding. Visit the website: www.liferighting.com
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.
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 South African Law of Persons provides law students with a thorough understanding of the principles of the law of persons. In a concise and comprehensive manner, the publication includes discussion of the implications of the constitutional principles of the law of persons.
This book introduces students to the distinct legal traditions that make up the South African legal system.
What would you do if you discovered that the food you have been told is good for you is actually the cause of your ill health …? In December 2010, Professor Tim Noakes was introduced to a way of eating that was contrary to everything he had been taught and was accepted as conventional nutrition ‘wisdom’. Having observed the benefits of the low-carb, high-fat (LCHF) lifestyle first-hand, and after thorough and intensive research, Noakes enthusiastically revealed his findings to the South African public in 2012. The backlash from his colleagues in the medical establishment was as swift as it was brutal, and culminated in a misconduct inquiry launched by the Health Professions Council of South Africa (HPCSA). The subsequent hearing lasted well over a year, but Noakes ultimately triumphed, being found not guilty of unprofessional conduct in April 2017. In Lore of Nutrition, he explains the science behind the LCHF/Banting diet, and why he champions this lifestyle despite the constant persecution and efforts to silence him. He also discusses at length what he has come to see as a medical and scientific code of silence that discourages anyone in the profession from speaking out against the current dietary guidelines. Experienced journalist Marika Sboros provides the full backstory to the HPCSA hearing, which reads like something out of a spy novel. Written in an accessible style, Lore of Nutrition is informative, highly controversial and an eye-opener for anyone who cares about their health.
A title deed = tenure security. Or does it? This book challenges this simple equation and its apparently self-evident assumptions. It argues that two very different property paradigms characterise South Africa. The first is the dominant paradigm of private property, referred to as an ‘edifice’, against which all other property regimes are measured and ranked. However, the majority of South Africans gain access to land and housing through very different processes, which this book calls social or off-register tenures. These tenures are poorly understood, a gap Untitled aims to address. The book reveals that ‘informal’ and customary property systems can be well organised, often providing substantial tenure security, but lack official recognition and support. This makes them difficult to service and vulnerable to elite capture. Policy interventions usually aim to formalise these arrangements by issuing title deeds. The case studies in this book, which span both rural and urban contexts in South Africa, examine these interventions and the unintended consequences they often give rise to. Interventions based on an understanding of locally embedded property relations are more likely to succeed than those that attempt to transform them into registered tenures. However, emerging practices hit intractable obstacles associated with the ‘edifice’, which only a substantial transformation of the legal paradigms can overcome.
The casebook on the South African law of persons provides clear and concise analysis of the facts and principles enunciated by the courts on the law of persons. It contains commentary and extracts from cases referred to in The South African law of persons.
You have a residential investment property. Perhaps you are already renting it out. But are you doing it like a pro and do you know how to maximise your return from it? In this book, property management expert David Beattie distils two decades of experience into easy-to-implement steps and shows you how to manage your property like a professional landlord. His goal is to help you make more money in less time and with fewer hassles, by showing you how to run your property investment like a business; navigate and comply with South African rental laws with ease; attract, screen, place and keep high-quality tenants; ensure successful and consistent rent collection; and maintain your property with the least effort and money. The book also includes templates for all the documents the prospective landlord needs.
General Principles of Commercial Law is a concise compendium written specifically for non-law students. Written by experienced commercial law lecturers in the Department of Mercantile Law at the University of South Africa as well as the University of Johannesburg, it has been a prescribed text for undergraduate non-law students at various South African tertiary institutions for the past 32 years. General Principles of Commercial Law provides students with a succinct exposition of the general principles of commercial law. It covers a wide range of topics influenced by the registration requirements of the Independent Regulatory Board for Auditors. The tenth edition has been updated to reflect recent statutory and other developments in commercial law and includes:
The eighth edition of Law of Delict is a comprehensive revision and update of Neethling-Potgieter-Visser Law of Delict (7th edition, 2015) in light of new legal authority and literature which naturally necessitated an adaptation of legal principles and theoretical points of view. In particular, special attention was given to the continuing debate on delictual principles that has taken place in academic and judicial circles since the appearance of the previous edition, especially on the relationship between wrongfulness, negligence and legal causation.
Family Law in South Africa, second edition, offers a clear and accessible introduction to the principles of family law in South Africa. The second edition is thoroughly updated and revised to reflect developments within the recent period, and includes a new chapter relating to surrogacy, IVF, and other forms of non-natural reproduction. This revised edition introduces a more integral and expanded synthesis of common law and African customary law, throughout, and includes a new chapter that discusses customary law rights, responsibilities and ritual pertaining to children. Where relevant, aspects of legal ethics, social justice, problem solving, and comparative law are foregrounded, at the appropriate level, and critical, reflective and skills-based development is supported by the text’s unique pedagogical design.
Administrative Justice in South Africa 2e offers a clear, comprehensive and applied explanation of the principles and framework of administrative justice in South Africa. The text addresses both judicial and non-judicial means for control and enforcement, as well as procedural aspects of administrative law. Practical in its approach, the text provides valuable focus on the application of principles in case law, problem-solving methodology and specific procedural aspects of administrative justice. The second edition includes a new, unique chapter that considers the implications of administrative justice for the creation of administrative mandates, as opposed to mere control of administrative action once taken, thus employing administrative justice in a more proactive manner. The text offers a clear pedagogical framework that develops independent, critical and reflective engagement with the subject matter. A strong conceptual and enquiring approach enriches knowledge and engages re aders in an interactive, topical and challenging manner. Additional, high-value educational resources support learning and teaching, further assisting students to develop the academic skills required to master their studies.
South African Constitutional Law In Context offers a comprehensive, clear, and concise introduction to the study of South African constitutional law. Situated within a framework of historical, political, social and economic context, the text invites readers to discover the meaning, operation and effects of the South African Constitution, and to understand its critical importance and potential. The text balances an accurate description of the most authoritative interpretation of the constitutional text with a critical and enquiring approach, providing depth and diversity of perspective, and engaging readers in an interactive, topical and stimulating manner.
New Entrepreneurial Law is intended to be an aid to Henochsberg on the Companies Act 71 of 2008. This title is sold as a set accompanied by the Companies Act.
Speurder-sersant Luna Joubert van die Stellenbosch polisiediens word gestuur om die eienaardige dubbele moord op die eienaar van ’n kwekery en sy vrou te ondersoek. Die De Winters is beide met ’n skerp voorwerp aangeval, maar daar was geen teken van ‘n struweling of enige getuies om sin te maak van die voorval nie. Terwyl Luna sukkel om ’n moord sonder verdagtes of leidrade op te los, maak Mike Grant weer sy onverwagte verskyning. Hierdie keer is hy op ’n geheime sending onder die geledere van ’n plaaslike dwelmsindikaat. Ten spyte van sy nuwe voorkoms vind Luna dit onmoontlik om nie die deur oop te maak wanneer hy klop nie. Soos Mike homself in die onderwêreld ingrawe, begin Luna op tone trap om haar eie raaisel op te los. Was die De Winters wie almal dink hulle was? Weet die kinders dalk meer as wat hulle voorgee? Wat gaan aan by die studentehuis oorkant die straat? En wie is die man in die sportmotor wat so op die buitewyke van haar ondersoek beweeg? Om antwoorde te kry sal Luna die donkerte en als wat daarin skuil moet trotseer. Bloedbande is die vierdie boek in Jeanette Stals se Luna Joubert-reeks.
South African Family Law provides law students and practitioners with a thorough understanding of the principles of family law. In a concise manner, the publication also includes discussion of the implications of the Constitution for Family Law.
Shaping markets through competition and economic regulation is at the heart of addressing the development challenges facing countries in southern Africa. The contributors to Competition Law And Economic Regulation: Addressing Market Power In Southern Africa critically assess the efficacy of the competition and economic regulation frameworks, including the impact of a number of the regional competition authorities in a range of sectors throughout southern Africa. Featuring academics as well as practitioners in the field, the book addresses issues common to southern African countries, where markets are small and concentrated, with particularly high barriers to entry, and where the resources to enforce legislation against anti-competitive conduct are limited. What is needed, the contributors argue, is an understanding of competition and regional integration as part of an inclusive growth agenda for Africa. By examining competition and regulation in a single framework, and viewing this within the southern African experience, this volume adds new perspectives to the global competition literature. It is an essential reference tool and will be of great interest to policymakers and regulators, as well as the rapidly growing ecosystem of legal practitioners and economists engaged in the field.
Brutally dragged 780 metres beneath a taxi – a young woman’s inspiring story of survival, courage, and the will to live. 13 September 2011. The story would shock thousands and be remembered by many for years to come. It would be plastered all over the papers and continue to attract interest well after the shock factor of what happened had passed. Reports and articles would be written, and “facts”, as given to reporters by some of those involved and willing to be interviewed, would be recounted and repeated in all forms of public media over the months and even years that followed. And although these versions would generate widespread outrage, none was entirely accurate. "The stories were about me. I was there. I am Kim McCusker - the girl who was dragged by a taxi. This, as I experienced it, is the true version of events."
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 6th 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.
The fourth edition of Principles of Evidence strikes a balance between the theory of the law of evidence and its practical application. This edition continues to assess the impact of the Constitution on the traditional Anglo-South African law of evidence, especially with regards to the admissibility of unconstitutionally obtained evidence. It further discusses the statutory provisions regulating diverse matters such as sexual history evidence and the admissibility of electronic evidence.
Students will find this book invaluable in their study of Criminal Procedure. It introduces readers to the fundamental principles and values underlying this field of law and guides them systematically through the rules of procedure that apply in criminal cases.
This book includes a practical analysis of statutes that impact on civil procedure and relevant case law. A set of precedents can be downloaded in electronic format. This publication was developed to provide undergraduate law students and newly qualified practitioners with an easy to follow guide through the intricacies of South African civil procedure in the High Court and the Magistrates' Courts. Procedures are logically set out chapter by chapter for ease of reference and understanding. Complex procedures are set out in diagrams throughout the text and an annexure contains additional procedures and basic precedents. |
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