The purpose of this handbook - Know your Rights, Claim your Rights - is to provide a straightforward overview of the Constitution of South Africa; to set out the basic constitutional rights and responsibilities of all South African citizens and to assist in drawing the attention of civil society to the remedies available when their rights have not been respected and upheld.

Since 1994 there has been a surge in private land ownership by low-income citizens in South Africa. Approximately a third of residential properties registered by the Deeds Office are previously State-subsidised houses. More than 12 500 000 people live in these homes, constituting a large base of individuals requiring legal services. Many of these new property owners live at the interface between the formal and informal economy. Standard property, succession and family law approaches are often ill-equipped to suitably address the many and distinctive (power) imbalances typical of this sector.

New legal strategies affordable to both lawyer and client need to be developed. This book discusses methods for developing pro-poor contracts and land tools for low-income clients. Prenuptial and cohabitation agreements, housing rights and land ownership are explored, since they are areas core to the sustainability of the private law.

This sixth edition of the established work Principles of Criminal Law, now Burchell’s Principles of Criminal Law, includes a number of compelling new features.

Written by three specialist authors – Emeritus Professor Jonathan Burchell, Professor P J Schwikkard and Dr Tshepo Bogosi Mosaka – it contains substantially improved chapters on corruption, substance abuse and organized crime, as well as fuller debate on consent to die with dignity.

It places greater emphasis on customary law and submissions on mistaken belief in consent in rape cases. There are also new chapters on witchcraft and hate crimes (incorporating hate speech).

Property in Housing unpacks the right of access to adequate housing (section 26 of the Constitution of the Republic of South Africa, 1996) from a property perspective. The purpose of the volume is to reassess how and to what extent property plays a role in the protection, promotion and fulfilment of this right.

The characteristics of access to ‘adequate’ housing – as articulated by the United Nations Committee on Economic, Social and Cultural Rights in its General Comment 4 – serve as an organising framework for the volume. It is within this framework that we explore how property law can be used and aligned to implement the right of access to adequate housing as a vehicle for large-scale transformative aims.

Themes that are used to explore the vigorous relationship between property and housing include the centrality of the home in housing versus proprietary conflicts; the extent to which property narrates the conception of adequate housing, absent dedicated legislative reform; and the instrumentality of property as a vehicle for transforming the housing sphere.

The property paradox in the context of the housing clause is threefold: the property institution must be curtailed to make way for housing interests; it must be utilised (with legislative measures and sometimes without) to do some of the section 26(1) heavy lifting – for instance, to provide secure tenure or ensure access to services; and it must foster a culture of regulation by way of the constitutional property clause (section 25), to provide the required access to the spaces that we envision adequate, at the costs that we consider reasonable.

The monograph first introduces the authors’ approach, methodologically and theoretically, with reference to the history of property in housing in South Africa, the limited juridical development of our understanding of ‘adequate’ housing in the constitutional dispensation, the way in which housing relates to other constitutional rights, and the characteristics of having adequate housing. The remainder explores each of the internationally recognised characteristics by drawing on property law – security of tenure, services, accessibility, habitability, affordability, location and cultural adequacy – as components of the organising framework to interpret the progressive realisation of the South African housing mandate and respecting its anti-eviction measures. The development of the normative and substantive content of the right of access to adequate housing lies in the space left incomplete by property law. As such, this monograph is a call to action for this development to be achieved in order to foster a democratic South Africa for all who live in it.

Property in Housing will be a valuable resource for subject specialists, researchers, advanced students, practitioners and the judiciary alike.

Studente sal hierdie boek van groot waarde vind by hulle studie van die Strafprosesreg. Dit maak lesers vertroud met die fundamentele beginsels en waardes onderliggend aan hierdie gebied van die reg en lei hulle stelselmatig deur die proses wat op strafsake van toepassing is.

Professor J P Swanepoel (voormalige staatsadvokaat met beduidende praktiese ondervinding in die strafhowe) en Professor J J Joubert is beide afgetrede lede van die Departement Straf- en Prosesreg van die Universiteit van Suid-Afrika. Professor S S Terblanche (voorheen ’n landdros) is ’n lid van die Departement Straf- en Prosesreg van die Universiteit van Suid-Afrika en het al ruim bygedra tot die literatuur met betrekking tot vonnisoplegging. Professor S E van der Merwe was professor in Publiekreg aan die Universiteit Stellenbosch en is steeds ’n produktiewe skrywer oor hierdie vakgebied. Professor G P Kemp is ’n lid van die Departement Publiekreg van die Universiteit Stellenbosch en sy publikasies oor die strafregspleging verwys gereeld na sy spesialiseringsgebied, die internasionale strafreg. Professor D Ally is Hoof van die Departement Regte van die Tshwane University of Technology en het ’n aantal artikels geskryf met die strafproses as onderwerp, en met besondere verwysing na die impak van die Grondwet op die strafproses. Dr M T Mokoena is Hoof van die Departement Straf- en Prosesreg van die Universiteit van Suid-Afrika en lewer publikasies oor die strafprosesreg, insonderheid borgtog.

Women and Cyber Rights in Africa explores the challenges faced by African women in cyberspace, highlighting the exacerbation of gender inequalities by emerging technologies.

Authored by African female researchers, it employs multidisciplinary approaches and Afro-feminist theories to discuss biases, stereotypes, and the impact of patriarchal structures.

The book addresses limited digital literacy, gendered cyber-criminality, and inadequate gender-sensitive policies. It aims to spur effective policy development and further research on African women's cyber rights.

To develop young children’s full potential, quality early childhood education has been found to be one of the greatest resources available. Early Childhood Professional Development: An African Perspective aims to explore ways to encourage the professionalisation of practitioners in the ECD sector to provide opportunities for education improvement and positive change.

The book’s value shifts from merely identifying and describing problems to providing creative real life examples that could lead to action and mobilise existing skills and knowledge in rural and disadvantaged contexts.

Clinical Sociology is a creative, humanistic, rights-based and interdisciplinary specialisation that can improve life situations (with assessment and intervention) for individuals and groups around the world. Clinical sociologists have many areas of expertise including environmental protection, challenging social inequalities, counselling, improving health policies and prevention strategies, social and economic community development, disaster management, community organising, as well as needs assessment and evaluation research.

Clinical Sociology for Southern Africa is the first volume to focus on developments in the field of clinical sociology in and for Southern Africa. Edited by two well-known senior scholar-practitioners, the book features the work of 17 authors – including Eddie Webster, Jacklyn Cock, H.W. van der Merwe and Harold Wolpe - writing about social intervention in important areas such as work, family, counselling, organisations, ethics, conflict intervention and education.

There are at least three important historical emphases in sociology: science, humanities and sociological practice. Sociological practice - clinical and applied sociology - should be part of all university programmes and help make a difference in our communities at all levels. This book assists social scientists, practitioners and scholar-practitioners in Southern Africa, who are involved in or studying interdisciplinary or multidisciplinary social interventions, as well as those who are interested in developing clinical sociology initiatives, including courses, programmes and workshops.

The increasing lack of discipline in South African schools and the impact thereof is well known. In most instances, existing punitive measures do not yield the required results. Yet, schools continue to scramble to find alternative punishments that will result in a disciplined environment conducive to teaching and learning. Albert Einstein rightly said: “Insanity is doing the same thing over and over again expecting different results.”

Restorative School Discipline: The Law and Practice seeks to provide an alternative approach to discipline. However, to implement this approach, a complete mind-shift is required. This mind set requires an understanding that to discipline learners is to teach socially acceptable behaviour. The restorative approach entails moving away from an approach that merely focuses on the ill-disciplined learner to an approach that focuses on preventing disciplinary problems, changing the culture of the school and restoring the harm done to those affected by the misconduct. The restorative approach involves focusing on finding solutions to address the needs and interests of all the role-players in the school community, rather than finding suitable punishments. Thus, focusing on the best interests of every learner as well as those of educators. Restorative discipline is a value-driven approach that respects the human rights of every stakeholder and also protects, promotes and fulfils everyone’s human rights.

This book explains the restorative approach to discipline in detail. The role of every stakeholder in the implementation of this approach also receives attention. Furthermore, it highlights the social justice implications as well as the impact of discipline on the neurological functioning and development of the child.

Restorative School Discipline: The Law and Practice provides practical advice for SGB’s, educators, school social workers and other role-players, such as the Department of Basic Education, on how to implement the restorative approach to discipline. It also examines the Constitutional imperatives and the legal framework related to school discipline. This ground-breaking book will provide guidance for school administrators, practitioners and academics on this innovative school discipline practice.

What are the dynamics around the quality and quantity of municipal services in South Africa? What kind of systemic, structural and managerial adjustments should be made to improve local government? Who decides what in municipalities? How could active citizen participation in local affairs be stimulated? These and other questions are addressed in Municipal Management: Serving the people.

The authors take a bird’s-eye view of issues such as the constitutional dispensation, regulatory frameworks, municipal administrative and managerial systems, community and political dynamics, as well as municipal functions and services.

This 4th edition reflects new features of, and the latest developments in, the local sphere of government, which makes the book even more relevant to:

• Contextualise the local sphere of government within a system of co-operative governance and intergovernmental relations
• Appreciate the role and functioning of local, district and metropolitan municipalities in South Africa
• Uncover core municipal policies, strategies and programmes
• Comprehend the significance of municipal capacity for effective resource utilisation and service delivery
• Pinpoint best practice regarding managerial systems, processes and procedures

Zimbabwe’s Constitution of 2013 provides for multi-level government at national, provincial and local level. This book explores the nature, evolution and future of this multi-level system of government against the background of international best practices.

Provincial and Local Government Reform in Zimbabwe: An analysis of the Law, Policy and Practice considers key questions about the multi-level system of government and shows how it radically differs from the old Lancaster House constitutional order.

The roles that provincial and local governments, as well as traditional leaders, fulfil in the new order are examined, the reforms needed to implement the system are outlined, and lessons to be learnt from other countries with multi-level governments are considered.

This book aims to aid the realisation of Zimbabwe’s constitutional goals of development, democracy and peace through effective multilevel governance and contributes to the international discourse on decentralisation and the role of subnational governments in Africa.

This book provides law enforcement officials with the essential legal knowledge and practical acumen needed for the performance of their duties.

Corruption in South Africa: A Legal Perspective offers a comprehensive analysis of the legal and institutional frameworks addressing corruption in South Africa.

With eleven insightful chapters covering the international anti-corruption landscape, domestic legislation, the impact on human rights, public procurement, money laundering, and the critical role of civil society, courts, and commissions of inquiry, this book is an essential resource for anyone seeking to understand the challenges of corruption in South Africa and the legal battle against it.

Designed for academics, policymakers, legal practitioners, students, and the general public, this groundbreaking work sheds light on a crucial issue facing the nation today. It is written in a style and language that make it accessible and easy to understand even for those without any legal background.

This book examines sexual contact and abuse from a purely scientific and medical perspective.

The book covers:

• the recently updated and relevant legislation
• the sexual biology (anatomy and physiology) of the body, especially related to understanding medical aspects of injury and sexual contact, how and when injuries are caused, and how these relate to findings and their consequences
• the critical aspects of medical forensic examinations including incident history, clinical examination technique, medical findings, evidence collection, special laboratory investigations and medical reports for court

The cadre of forensic nursing as a professional scope of nursing has recently been accepted by the Nursing Council and is now beginning to emerge, and legally in this country such nurses are now allowed to examine sexual abuse cases, issue reports and give testimony provided they undergo an accredited training programme in sexual abuse medicine. In addition, medical and legal professionals need to understand, interpret, and present sexual medical evidence appropriately in sexual offences cases.

This book will serve as a ready reference for the understanding and interpretation of the sexual biology and medicine, both in the medical practitioner’s consulting room and the courtroom.

In 2021, South Africa celebrated 27 years as a democratic state. The number 27 has a symbolic value in the liberation history of the Republic as it reflects the number of years spent in prison by former President Nelson Mandela prior to his release and South Africa’s transition. In 1994 Madiba magic was in full force and many observers reflected on the miraculous birth of the democratic state. In 2018, President Cyril Ramaphosa similarly spoke of a “New Dawn” in South Africa, and drawing on the moral authority and memory of Mandela, pledged to turn the tide in South African governance, in reference to the dark clouds of corruption hanging over the previous, Jacob Zuma, administration. The year 2021 also saw the 25th commemoration of South Africa’s much-celebrated Constitution, lauded for its progressive and transformative nature. However, despite varied attempts by the Ramaphosa administration to instil renewed confidence in the South African leadership, local government elections in 2021 revealed votership that was simply not interested, and diverse actors who were unwilling to support the proclaimed New Dawn, and the call for Thuma Mina! (send me).

This updated edition incorporates the Cyril Ramaphosa administration’s years in office so far. The chapters continue to reflect on the concepts, institutions, structures, policy and theories that characterise the South African governance, policy and political landscapes. They also consider, in part, the global COVID-19 pandemic and its impact on South Africa’s domestic and foreign contexts, and the South African government’s responses to this pandemic.

Career psychology in the South African context examines theories and research in career psychology and career education in the South African and international contexts. It has been designed for undergraduate and postgraduate students, as well as career practitioners, psychologists, educationists and teacher-counsellors.

This comprehensive publication:

• focuses on historical and state-of-the-art career practices in career psychology
• provides descriptive and critical analyses of career theories and current thought on career development
• focuses on career counselling in South Africa and suggests what international practice and research may be appropriate locally
• suggests which aspects of career research need to be conducted in South Africa
• omits the career decision-making and career indecision chapter
• provides a new perspective on career assessment

This book refers to many published articles on career psychology in South Africa and abroad, making it an indispensable resource.

Governance & Leadership offers a roadmap to better governance – not just in terms of individual leaders but also by suggesting solutions to encourage a fertile and sustainable culture of worldclass leadership.

The world is currently experiencing a crisis in leadership – reflected in widespread public distrust and criticism, due to growing incidents of poor leadership and bad decision-making.

This is no different for South Africa. The Auditor Report has highlighted the need to strengthen leadership and governance capacities of most of the local government administrations by appointing qualified professionals and bridging the current skills gap. All this points to a serious need for not only formal education but also training, experience and, above all, inspiration in leadership across the nation, the continent and the world.

Governance & Leadership addresses this urgent need directly – and with a particular focus on the human aspects. Every success or failure can ultimately be traced to human attitudes and behaviours. Leaders’ values, and their ability to make good decisions, communicate well and work together, can make all the difference between failure and success.

Women’s security in political, economic and social terms is directly linked to the pervasive problem of violence against women. Violence Against Women: Law, Policy and Practice seeks to understand this particular form of human rights violation, by situating violence against women in its historical, political, socio-economic and legal context in South Africa.

Whether in the private or public spheres, violence against women prevents women from realising a broad range of human rights that are central to full, inclusive and participatory citizenship. The authors of this volume reflect on the many forms of violence against women, the applicable laws and policies, and the challenges to effectively responding to this widespread violation of human rights.

Their contributions consider the role of law, policy and practice in relation to a broad range of themes including sexual violence, violence against women at the margins of systems and societies, and the impact on those who are working to defeat violence against women, whether as activists, practitioners or scholars.

Land Law and Governance: African Perspectives on Land Tenure and Title explores different ways of conceptualising secure land holding in Africa. The book brings together voices from different contexts, offering contrasting perspectives and methodological approaches. Land Law and Governance: African Perspectives on Land Tenure and Title also juxtaposes a range of political and academic viewpoints through theoretical discussions and case studies. The book thus opens up the discourse on forms of security of tenure in Africa, in a global context.

Health research has made spectacular strides over the past few decades. The value of health research is obvious and irrefutable. What is not so apparent is that people who participate in research may be harmed during the process. Africa prides itself in having some of the most respected universities globally. It is a continent of immense research potential. At the same time, Africa suffers from many of the health burdens of low-income regions. While it affords many research opportunities, this creates the potential for the misuse of power on vulnerable individuals and populations.

This book explores why participants in health research require protection. It also explains how ethical principles and the law can assist inter alia research ethics committees, researchers, funders and institutions at which research is conducted, to safeguard the rights and dignity of individuals contributing to the research enterprise. It engages with this imbalance and examines how well-intentioned aims of ethical health research can be achieved while simultaneously maximising the protection of research participants. It draws on local and international documents and expertise to inform the resolution of many ethical dilemmas and complexities that inevitably arise in health research.

Health Research Ethics: Safeguarding the Interests of Research Participants provides a solid understanding of the normative values for protecting research participants against exploitation, harm and wrong. Since research ethics is multidisciplinary, this book will be of value to a range of professionals and academics inter alia those from the health sciences, social sciences, and legal disciplines.

Every child constantly changes and undergoes processes of emotional, cognitive, normative and physical development. At each age and stage of development children need continued support and assurance from adults in order to assimilate the effects of these changes. The pace of the child's development and its outcome are determined by both genetic factors and the influence of the environment. The young child in context: a psycho-social perspective examines the complex yet clearly defined phases in child development and suggests how best to encourage and assist children through the formative first nine years of their lives. In the revised second edition, the case is put more strongly that the context of each child is of crucial importance and that stimulation is essential in enabling the child to reach his or her full potential. The young child in context follows two different perspectives on the development of the young child: psychological and social-educational. Each chapter provides definitions of concepts, self-test questions, field assignments, additional assignments for revision and case studies related to the topics covered. Issues are discussed within a South African context.

The second edition of Child Law in South Africa provides insight into the profound impact of recent legislative changes and developments in the associated regulatory frameworks, the judicial interpretation of ground-breaking case law, and the latest research findings in child law in South Africa. The work that has been done at an international level is also incorporated as far as possible within the confines of the topics addressed in this publication.

This new edition of Child Law in South Africa does not merely follow in the path of its predecessor: this publication includes 11 entirely new chapters and 11 ‘new’ authors – experts who did not contribute to the previous edition. Even the ‘revised’ chapters add value as they systematically and critically deal with new knowledge and enhance research.

Child Law in South Africa is written by 22 experts in the field, edited by Professor Trynie Boezaart, an internationally acknowledged researcher in child law, and independently peer-reviewed. The book reflects the enormous scope and dynamics involved in child law and is sure to encourage further debate and analysis.

The Law of Persons in South Africa, Third Edition, offers a rigorous, clear and accessible introduction to the general principles of the law of persons, including principles of customary law.

This third edition text is thoroughly revised and updated to address the developments in customary law, case law, and amendments to relevant legislation, that have occurred since the publication of the previous edition of this work. Additionally, The Law of Persons in South Africa, Third Edition, offers a conceptual and enquiring approach that supports independent critical and reflective engagement with the subject matter.

Various elements underpin the text's supportive approach, including critical and reflective discussions, numerous diagrams that enable readers to quickly comprehend complex concepts, explanations of legal terminology, and concise chapter summaries.

Since 1994, there have been few attempts to address the theoretical and practical foundations of effective management in early childhood education (ECE) and the Foundation Phase in South African schools, yet the survival and success of ECE centres and schools depends on the ability of education managers to meet the needs of the children/learners, educators, parents and the community. Management in early childhood education provides a comprehensive overview of the management of ECE centres for children from birth to nine years old. This book is a resource and reference guide which includes amongst others Internet sources and templates such as inventories, financial planning, parents' newsletters and agendas of staff meetings. It focuses especially on the South African context by referring to appropriate examples and scenarios of real-life situations in this country as well as the newly introduced Curriculum Assessment Policy Statements (CAPS). It also offers practical applications for the many theoretical frameworks in South African schools. All the chapters in this third edition have been updated, and each one begins with learning outcomes and key terms. Management in early childhood education is aimed at student teachers, educators, administrators and child caregivers.