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Books > Academic & Education > Tertiary Education
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.
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).
Collective Labour Law is the most thorough and comprehensive book available on the law governing the relationship between organised labour and employers in South Africa. The book covers topics such as the recognition of trade unions as bargaining agents, how organisational rights are acquired and lost, the collective bargaining process, strikes and lock-outs. Copious examples from case law give the reader insight not only into the law but also into the events that led to conflicts which ended up in the courts. The book is written in the clear and readable style for which the author has become acclaimed. Collective Labour Law is part of a quartet of books by John Grogan that covers the entire field of labour law as it has developed in South Africa to date. The book is also available in digital format, which offers subscribers ongoing quarterly updates.
This book was written with the first year or first time income tax
student in mind.
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.
The book was conceived out of the recognition that the training of a lawyer involves a unique combination of learning experiences ranging from pure academic to practical legal training and skills development. The aim of the book is to collect in one publication the most essential topics covered in every clinical legal education course - compiled by senior clinical attorneys with experience in the teaching and practice of law.
This exercise book is comprised of questions covering topics in Differential and Integral Calculus, Matrix Algebra and Linear Programming. The aim of the work is to develop student competency in using mathematical techniques as a “toolbox” for the solution of problems relevant to Economics, Business and Finance. The book provides an introductory revision chapter of basic mathematical principles followed by chapters of multiple-choice questions each covering a particular section of the work. In addition to multiple-choice questions, there are extension tutorials requiring written responses and sample tests covering each section of the work. Answers are provided to each question at the back of the book together with a formula sheet for easy reference.
The Conduct of Financial Institutions (COFI) Bill aims to regulate market conduct in the financial sector. This legislative instrument will repeal the Financial Advisory and Intermediary Services Act 37 of 2002 (FAIS Act) and will regulate market conduct in keeping with the objectives of the Twin Peaks system of financial regulation. The commentary provides some background on the objectives of the COFI Bill and the way in which these objectives will be realised. In addition, it provides information on how the COFI Bill builds onto the FAIS Act and evaluates new aspects of market conduct zqthe possible impact of the COFI Bill on the financial services industry and is a helpful tool to assist financial services providers in preparing their compliance framework for the implementation of the provisions of the eventual Conduct of Financial Institutions Act.
Juta’s IP Fundamentals series offers a compact, easy-to-read gateway into South African intellectual property legislation. The IP Fundamentals: The Patents Act 57 of 1978 and Regulations is designed to be read as an accompaniment to the Patents Act. Written in a succinct, no-nonsense style, the book features a full index, cross-referencing to the Regulations, FAQs and explanations. It provides an accessible entry point into understanding the content and structure of the legislation for anyone needing to navigate the intricacies of the Patents Act.
“Hofmeyr’s Admiralty Law is a comprehensive discussion of the law of
admiralty jurisdiction in South Africa. There are extensive references
to case law, which is critically analysed. Reference is frequently made
to the law in comparative jurisdictions. The third edition incorporates
a considerable body of case law and academic comment which has
developed our emerging admiralty jurisprudence since the release of the
second edition in 2012.
Ahistorical overview of the development of mineral law prior to the enactment of the Mineral and Petroleum Resources Development Act 28 of 2002 (‘MPRDA’) a theoretical analysis of the basis of the custodian structure that was adopted in the MPRDA. A systematic exposition of the acquisition, nature, content, transfer and loss of rights, permissions and permits to minerals and petroleum. An overview of conflict resolution between the exercise of rights to minerals by prospectors or miners and owners or occupiers of land. A synopsis of the registration of rights in the Mineral and Petroleum Titles Registration Office
This casebook provides a clear and concise analysis of the facts and principles enunciated by the courts on the law of persons. Complementing The South African Law of Persons, this book provides the student with a sourcebook in which extracts from the principle cases and statutes dealing with aspects of the law of persons, can be easily accessed.
This book describes and analyses the relevant aspects of civil marriage
and its dissolution in Namibia within the contextual framework of the
common law, statute law and case law.
This second edition of Extinctive Prescription aims to reflect the law as developed by judgments and statutory changes over a period of more than twenty years since the publication of the first edition. The principles of extinctive prescription have been scrutinised by the courts in numerous reported cases over this period, including prominent judgments of the Constitutional Court dealing with the justification for extinctive prescription, the concept of ‘debt’, and the knowledge requirement for prescription to begin to run. This edition also examines the principles governing the co-existence of the 1969 Prescription Act and prescription or time limitation provisions in other statutes, with reference to certain prominent examples. A new chapter 12 deals with procedure. Reported cases continue to illustrate the practical importance of extinctive prescription and the thorough analysis of theory and policy required for its application.
Employment Rights forms one volume of a quartet by the author, which together covers the entire field of labour law as it has developed in South Africa to date. This volume deals with relations between employers and employees from the commencement of employment to its termination, and highlights the drastic inroads which have been made on the managerial prerogative by legislation, in particular the Basic Conditions of Employment Act, the Labour Relations Act and the Employment Equity Act. The reader will find detailed discussion of the employment contract, unfair labour practices, unfair discrimination and affirmative action, unemployment insurance and skills development. The book is written in the clear and readable style for which the author has become acclaimed, and each topic is copiously illustrated with examples drawn from the case law.
This second edition of Understanding Money Laundering and Illicit Financial Flows explains these two concepts and outlines strategic responses to deal with them. The book explores the forms of money laundering and illicit financial transfers; mechanisms used to launder money; measures to curb, investigate and monitor these crimes; and asset forfeiture. Understanding Money Laundering and Illicit Financial Flows also considers new strategic approaches to combating these crimes. It touches briefly on the funding of terrorism, which is seen as closely connected to laundering and illicit transfers. The book includes clear illustrations, useful statistics, explanations of frequently used terms, a comprehensive bibliography and recommendations for further reading. Understanding Money Laundering and Illicit Financial Flows provides the reader with an easy entry into these complex subjects. The book will be useful not only for role players in the public sector – such as policy makers, politicians, law enforcement officials and regulators – but also for businesses and managers in the private sector. Written in an accessible way, the book is aimed at both professionals and a broader audience.
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.
This publication is the first book on the law of contract in Namibia, covering the common law and referencing Namibian legislation and case law.
Assurance, risk and governance: An international perspective provides a comprehensive reference for students of assurance practices and practitioners. The book explains the technical functioning of assurance processes at an advanced level using a principles-based approach aligned with International Standards on Auditing. This is complemented by a review of the leading academic research to provide readers with an easy-to-understand overview of the latest developments in external audit and related assurance services.
Hierdie boek maak die basiese beginsels en toepassings van
rekeningkunde meer verstaanbaar en bruikbaar vir studente wat nie
rekeningkunde as skoolvak geneem het nie en nie as hoofvak gaan neem
nie.
The Law of Succession in South Africa is the third edition of this highly regarded work, providing a comprehensive discussion of all aspects of the law of succession. Building upon the substantial contributions of Mr Justice Corbett and Professor Ellison Kahn, the new edition brings the law up to date and includes commentary on new developments since the last edition. The Law of Succession in South Africa provides all-new commentary on developments, especially those brought about as a result of the re-evaluation of legal positions in light of the advent of the constitution.
Road Traffic Safety: Theory and Practice is a definitive guide that culminates exhaustive research and hands-on experience in the realm of road traffic safety. Its primary objective is to empower practitioners to create safer road environments, ensuring maximum safety for all road users, maintenance personnel, and emergency responders.
Construction Procurement Law in South Africa explains the legal regulation of construction procurement, an area that has, to date, been an unexplored part of South African law. The book deals with this regulation according to the various stages of the construction procurement process and addresses contradictory rules which give rise to regulatory challenges. Construction Procurement Law in South Africa provides the reader with an overview of the field. Where appropriate, recommendations are made in instances where the law could be amended to bring about better constitutional compliance. Issues such as the somewhat problematic definition of construction procurement, the contradictory rules in this field, the qualification of construction contracts, the evaluation of construction procurement tenders, preferential procurement in the construction industry and selected remedies are addressed. |
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