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In 1801, a 45-year-old Revolutionary War veteran and politician, slovenly, genial, brilliant, and persuasive, became the fourth chief justice of the United States, a post he would hold for a record thirty-four years. Before John Marshall joined the Court, the judicial branch was viewed as the poor sister of the federal government, lacking in dignity and clout. After his passing, the Supreme Court of the United States would never be ignored again. John Marshall is award-winning and bestselling author Richard Brookhiser's definitive biography of America's longest-serving Chief Justice. Marshall (1755-1835) was born in Northern Virginia and served as a captain during the Revolutionary War and then as a delegate to the Virginia state convention. He was a friend and admirer of George Washington, and a cousin and enemy of Thomas Jefferson. His appointment to the Supreme Court came almost by chance-Adams saw him as the last viable option, after previous appointees declined the nomination. Yet he took to the court immediately, turning his sharp mind toward strengthening America's fragile legal order. Americans had inherited from their colonial past a deep distrust of judges as creatures of arbitrary royal power; in reaction, newly independent states made them pawns of legislative whim. The result was legal caprice, sometimes amounting to chaos. Marshall wanted a strong federal judiciary, led by the Supreme Court, to define laws, protect rights, and balance the power of the legislative and executive branches. However, America's legal system, he believed, was threatened by specific individuals-namely Thomas Jefferson and the early Republican Party-who were intent on undermining the Constitution and respect for law in order to empower themselves. As a Federalist and a follower of Washington and Hamilton, he also wanted a strong national government, favorable to business. In his three decades on the court, Marshall accomplished just that. As Brookhiser vividly relates, in a string of often-colorful cases involving businessmen, educators, inventors, scoundrels, Native Americans, and slaves, Marshall clipped the power of the states vis-a-vis the federal government, established the Supreme Court's power to correct or rebuke Congress or the president, and bolstered commerce and contracts. John Marshall's modus operandi was charm and wit, frequently uniting his fellow justices around unanimous decisions in even the most controversial cases. For better and for worse, he made the Supreme Court a central part of American life. John Marshall is the definitive biography of America's greatest judge and most important early Chief Justice.
Understanding the skills development act contains an accessible, non-legalistic commentary on the skills development act, which promotes the advancement of the skills of the South African workforce. The act is systematically covered with FAQs and key point summaries to aid understanding. The 2nd edition includes: Explanations of the major re-alignments of the legislation including extensions to the SETA landscape and National Skills Development Strategy (NSDS) III; Analysis of the current SETA regulations on mandatory and discretionary grants; The structures created by the National Qualifications Framework Act: SAQA, quality council for trade & occupations and National artisan moderation body; An explanation of the National Skills Authority role and potential developments to the SETA landscape and NSDS post March 2018.
Charles Oertel bevind hom in ’n netelige posisie. Hy is ’n skatryk Vrystaatse boer en het sentimente jeens beide magte wat tydens die Anglo-Boereoorlog slaags raak. Bothma se noukeurige navorsing oor hierdie invloedryke man en sy nasate se lotgevalle tydens en na die oorlog bevestig geboekstaafde kennis maar bied ook nuwe inligting. Daarbenewens is dit ’n boeiende menslike verhaal wat die leser tot nadenke stem. Sou dit anders verloop het as dit nie vir die oorlog was nie? Keer die mens nie die punt van die punt van die swaard self op sy hart nie? Punt van die swaard was in 2005 op die kortlys vir die Louis Hiemstra-prys vir niefiksie.
Law Of Persons, now in its sixth edition, has become a standard text on the South African law of persons. The book was first published in 1995, just after the dawn of South Africa’s first democratic dispensation. The book constitutes a general and fully referenced source on the law of persons, and reflects the transformation of the law of persons in line with the values entrenched in the Constitution of the Republic of South Africa, 1996, with specific reference to the Bill of Rights.
First-year students will derive the most benefit from Law of Persons if the book is used in conjunction with the Law of Persons Sourcebook.
International tax law: Offshore tax avoidance in South Africa provides a comprehensive analysis of some of the offshore tax-avoidance schemes employed by South African residents. The book offers a detailed and logical explanation of difficult international tax concepts, and critically analyses the effectiveness of South African legislation in curbing offshore tax-avoidance schemes. South African legislative provisions are compared with similar provisions in the United Kingdom and the United States of America, and international case law and tax treaty implications are thoroughly discussed. International tax law: Offshore tax avoidance in South Africa also addresses the recommendations of international organisations, such as the Organisation for Economic Co-operation and Development (OECD), which seek to prevent international tax avoidance. In this regard, the role of tax havens in encouraging international tax avoidance and the OECD initiatives to stifle their development are considered. The OECD's efforts to prevent base erosion and profit shifting are also examined.
Compiled on the day of the Budget by our expert team and printed overnight so that practitioners have a portable and easy to resource containing all the tax rates and tables relating to the forthcoming tax year. Tax Tables 2019 provides a succinct commentary on the key provisions and clearly laid out tables of new rates and allowances announced in the October 2018 Budget.
Property is a constitutionally protected right around the world. Expropriations are lawful only if they can be legitimately justified. In the past few decades, there has been an increasing number of expropriations in favour of private business projects. Governments hope that these projects will create jobs and economic growth, but the justification of such third-party transfers for economic development is controversial. The public benefits of such expropriations are disputed, since they directly benefit private parties, and frequently do not have the desired outcome. The Legitimate Justification of Expropriation: A Comparative Law and Governance Analysis investigates the institutional, procedural, and substantive conditions under which different jurisdictions permit third-party transfers for economic development. The jurisdictions examined are the Netherlands, Germany, New York State and South Africa. The Legitimate Justification of Expropriation: A Comparative Law and Governance Analysis shows that employment or economic growth created by private business projects is a legitimate end in all the jurisdictions under examination. However, some striking differences between the jurisdictions are evident, with respect to several questions, including: Which state body decides on whether economic development is a legitimate end? Can a judge prevent unnecessary or excessive expropriations? Is the project developer obliged to implement the project? Against the backdrop of international good governance standards, The Legitimate Justification of Expropriation: A Comparative Law and Governance Analysis assesses whether the laws in these jurisdictions are adequate. The book demonstrates that the examined jurisdictions in various respects fail to meet international standards and recommends legal reforms to ensure compliance.
Hoe toets jy die staal van 'n man wat jou beeldskone dogter van jou af wil wegneem? In hierdie roman word die leser op reis geneem deur Angola se jagvelde, op soek na 'n reuse-olifantbul – maar dis meer as 'n dramatiese jagtog. Avontuur, romantiek en manlike drif, Namibie se ruimtes – dit is die kombinasie waarmee Doc Immelman se vreeslose skrywershand dekades al sy meer as 30 000 lesers gevange hou. Self ’n jagter, skryf Immelman uit eerstehandse ervaring. In sy romans bly die harde verlatenheid van die land noordwes van Suid-Afrika ’n werklikheid.
Action-packed, fact-paced thriller perfect for fans of KAREN ROSE and the RED SPARROW movie. Clever. Cunning. Highly skilled. There's only one Bianca St. Ives. And for her enemies, that's one too many. 'Move over, James Bond and Jack Reacher . . . ' Kingdom Books Bianca St. Ives - a highly skilled con-woman and thief - is in trouble. A revelation about her past has left her reeling, as well as making her the target of a network of assassins. Bianca was raised a fighter. She'll try and outsmart her pursuers, but if it's kill or be killed, she's got her finger flush against the trigger. But then Bianca's father loops her in on a job that might just do the trick: recovering a collection of heavily guarded, priceless artifacts stolen during World War II, and return it to Germany. The price paid if she succeeds - intel that could finally bring down the shadowy forces seeking to bury her for good. Faced with threats that circle closer with every move she makes, she knows the stakes have never been higher, but when you're already living on borrowed time, you have to hustle if you want to live to see tomorrow. ORDER THE NEXT IN THE SERIES, THE FIFTH DOCTRINE, NOW
This second edition of Understanding the Employment Equity Act has been updated to include legislative amendments and developments in the case law since the publication of the popular first edition in 2009. Understanding the Employment Equity Act deals wi
Environmental Law and Local Government in South Africa is the first work of its kind to extensively analyse South African environmental law and policy for local government. This book meets an important need in the area of environmental management. This novel collection of theoretical scholarship and real-life examples presents different features of the interface between local government and environmental law. Each chapter is accessible yet detailed enough to be useful. In the scope of this comprehensive work, 32 authors collectively answer the question: What is the role of local government in moving South Africa towards a sustainable future, considering the dictates and scope of environmental law?
In hierdie bundel loop die skrywer op sy kinderspore terug na die dorre Kalahari soos dit in die 1930's daaruit gesien het en word verskeie gebeure en emosies weer opgeroep: 'n lieflinghond wat in die duinestrate agterbly, 'n verharde pa, ontbering en uiteindelik: liefde. Onder verskeie prikkelende opskrifte – "Die Krismishoenders", "Agarob", "Weggooikinders", "Bruilof vir oom Wessel", "Oubaas Vogelbruck se stompore" – gee die 27 vertellings 'n helder beeld van 'n kind se grootword in die Kalahari. Dr. Willem D. Kotze is in 1931 op die plaas Texas langs die Nossobrivier in Namibie gebore. As kind het hy, agter die karakoeltrop en beeste, sy vader se Kalahariplaas Wilheben deurkruis.
Gerrie Radlof se gewilde Oloff die Seerowerreeks is oorspronklik tussen 1957 en 1961 uitgegee en het daarna reeds vier uitgawes beleef. Die verhale, wat in die 1740's afspeel aan die Kaap de Goede Hoop en die seewee daarom heen, is verwerk om aan te pas by die moderne taalgebruik en aan te sluit by die hedendaagse tiener, maar niks van die oorspronklike sjarme en spanning het in die verwerking verlore gegaan nie. Ook geskik as leesstof vir Afrikaans tweede taal vir ouer leerlinge.
South Africa's property law teachers have been convening annually since 1985 to exchange ideas, subject their work to peer scrutiny and build a collegial network. Over time, the agendas of the annual meetings became snapshots of the development of a discipline. In celebration of the 25th anniversary of this meeting, the property law teachers' colloquium was expanded into an International property law conference, giving South African property law teachers an opportunity to exchange their ideas on a much broader platform, with some of the world's best property law scholars and teachers. Property law under scrutiny brings together pieces that give an overview of property law twenty-five years after the establishment of the South African property law teachers' colloquium. A recurrent theme in all the contributions at the conference, and the ones included in this publication, is the tension between well-established principles of property law and the policies that drive legal development in the field. The topics addressed are organised into four themes, as follows: The first cluster relates to an age-old issue in conventional property law: The accession of movables to immovables; The second cluster concerns the centrality of the real agreement in transfers and in the real security context; A third cluster deals with questions about the public law aspects of property; The fourth cluster captures some of the dilemmas and challenges concerning the abandonment and neglect of property. It ties together the underlying concerns aired in debates about the conventional property rules and issues surfacing in the crossover between private and public law, and the role of property law principles. In capturing the interaction between South African and international scholarship, Property law under scrutiny serves to introduce a new era in this developing discipline. Teachers and practitioners of property law, locally and internationally, will find this to be an invaluable resource.
Perspectives on the Law of Partnership in South Africa examines the most problematic issues in the law of partnership. It investigates specific issues in the area of partnership law, painting a broader picture of all the other relevant areas involved. In following a 'perspectives' approach - presenting a historical and a comparative perspective - the book offers a detailed consideration of complex areas of partnership law while at the same time exploring the law in general. Topics discussed range from the history and development of partnership law to perennial classical favourites such as the leonine partnership, the triple contract and universal partnership proper, all three of which contributed to the delineation of the partnership concept. Aspects of the law in general that are discussed in detail include: Legal status and its attendant entity and aggregate theories, representation and mutual mandate, partnerships en commandite, anonymous, limited and limited liability partnerships, the removal of the limit on the number of partners, partnership sequestration, the dual priorities rule. Perspectives on the Law of Partnership in South Africa is offered as a scholarly book for the subject specialist with the expectation that it will also invigorate interest in and advance research on the law of partnership.
Kidnap for ransom is a lucrative but tricky business. Millions of people live, travel, and work in areas with significant kidnap risks, yet kidnaps of foreign workers, local VIPs, and tourists are surprisingly rare and the vast majority of abductions are peacefully resolved - often for remarkably low ransoms. In fact, the market for hostages is so well ordered that the crime is insurable. This is a puzzle: ransoming a hostage is the world's most precarious trade. What would be the "right" price for your loved one - and can you avoid putting others at risk by paying it? What prevents criminals from maltreating hostages? How do you (safely) pay a ransom? And why would kidnappers release a potential future witness after receiving their money? Kidnap: Inside the Ransom Business uncovers how a group of insurers at Lloyd's of London have solved these thorny problems for their customers. Based on interviews with industry insiders (from both sides), as well as hostage stakeholders, it uncovers an intricate and powerful private governance system ordering transactions between the legal and the criminal economies.
Reform of customary marriage, divorce and succession in South Africa: Living customary law and social realities examines the operation of the Recognition of customary marriages act and the rules of succession formulated in Bhe v Magistrate, Khayelitsha. The book is the outcome of an interdisciplinary research project conducted by the NRF chair in customary law, indigenous values and human rights, the department of sociology at the University of Cape Town, and the National movement of rural women. More than a decade after the enactment of the act and the formulation of the Bhe rules, the research project sought to explore how these laws were being implemented in practice, through the eyes of the individuals living according to customary law, a range of state institutions, including the courts and the Department of home affairs, and traditional leaders. The fieldwork was conducted across six provinces, over a period of 20 months. The findings presented in Reform of customary marriage, divorce and succession in South Africa about the implementation of the act and the Bhe rules will be of interest to a wide range of individuals, court and state officials, and scholars. The authors provide evidence-based research on the implementation of the laws and they outline what remains to be done to improve the implementation of these laws.
The proper protection of minority shareholders is a cornerstone of any well-developed corporate law system. Pivotal to the minority shareholder's armoury is the derivative action. Section 165 of the South African Companies Act 71 of 2008 introduces the new statutory derivative action, and entrusts the court with a key function as the gatekeeper to the derivative action. The courts have an important filtering function and may disallow applications for derivative actions that are frivolous, vexatious or without merit. The vital judicial discretion to grant or refuse leave to an applicant to bring a derivative action is the crux of the new statutory derivative action. The court is required to exercise its discretion with reference to three important but vague guiding criteria for the grant of leave to institute a derivative action. Thus the courts have been entrusted by the legislature to flesh out the details, the contours, and the practical application of these guiding criteria. This crucially endows the courts with a dominant and decisive role in shaping the effectiveness of this much-needed new remedy. The New Derivative Action under the Companies Act is primarily aimed at developing guidelines for the exercise of the judicial discretion in the field of the new statutory derivative action. It takes into account valuable principles gleaned from other comparable jurisdictions such as Canada, Australia, New Zealand, the United Kingdom and the United States of America. The book also discusses the overlap between the derivative action and the oppression remedy.
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