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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.
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.
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."
South Africa has become a nation defined by its protests. Protests can, and do, bring societal problems to public attention in direct, at times dramatic, ways. But governments the world over are also tempted to suppress this right, as they often feel threatened by public challenges to their authority. Apartheid South Africa had a shameful history of repressing protests. The architects of the country's democracy expressed a determination to break with this past and recognise protest as a basic democratic right. Yet, today, there is concern about the violent nature of protests.
Protest Nation challenges the dominant narrative that it has become necessary for the state to step in to limit the right to protest in the broader public interest because media and official representations have created a public perception that violence has become endemic to protests. Bringing together data gathered from municipalities, the police, protestor and activist interviews, as well as media reports, the book analyses the extent to which the right to protest is respected in democratic South Africa. It throws a spotlight on the municipal role in enabling or mostly thwarting the right.
This book is a call to action to defend the right to protest: a right that is clearly under threat. It also urges South Africans to critique the often-skewed public discourses that inform debates about protests and their limitations.
She was confident, beautiful and financially secure. When she arrived in London with her daughter the future looked bright and she was hoping for a lasting, mature relationship. But within days, things started to go wrong. Was he manipulating her? Maybe it was all in her head? She started a diary, evidence to reassure herself that she wasn’t going mad. This is the true story of a strong, independent woman's descent into abuse, and how she eventually escaped.
In 1992, former Grand Slam tennis champion Bob Hewitt was inducted into the International Tennis Hall of Fame. In 2012, he was indefinitely suspended following multiple allegations of sexual misconduct from women he coached as young girls.
On 23 March 2015, Hewitt was found guilty of two counts of rape and one of sexual assault after a watershed trial that has changed the legal landscape and how the South African judicial system prosecutes historic rape.
This book takes the reader behind the scenes of the trial that shook the foundations of the international sporting world. It follows the case against Hewitt instituted by Suellen Sheehan and two fellow accusers, only a few of the dozens of survivors who allegedly suffered abuse at his hands. The result was a six-year prison sentence handed down to the frail 75-year-old, more than 30 years after his crimes.
Justice Served? The Trial and Conviction of Bob Hewitt covers various perspectives of the trial, from that of the state prosecutor to the defence advocate and other key role-players, includes Hewitt’s appeal of sentence in 2016, and chronicles the spectacular fall from grace of a world-famous tennis legend.
New Entrepreneurial Law is the successor to Cilliers & Benade Entrepreneurial Law.
It is intended to be an aid to Henochsberg on the Companies Act 71 of 2008, and as companion to Nagel (ed) Commercial Law (2011).
Labour Relations in South Africa provides a thorough, engaging introduction to the science and practice of labour relations in South Africa. The fifth edition presents a more critical and reflective approach, engaging with the various issues, shifts, and seismic events which have impacted this dynamic field in recent years. The text's view is expanded to encompass a multi-faceted perspective, relating to business science, law, economics, and sociology, and to focus more specifically on the context and dynamics of a developing country.
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.
AFRIKAANS – ware lewensketse van gebeure met gewone mense wat noodgedwonge in die regswêreld van prokureurs en howe beland. Treffend vertel deur ‘n ervare en ingeligte prokureur.
Dollars Eventualis is lekkerlees-stories vir mense van alle soorte, van 18-81 jaar:
In a society afflicted by serious crime, South African citizens look to the SA Police Service for protection. Under the Constitution, police officials are responsible for upholding the law. The purpose of this book is to give them the knowledge and understanding that will equip them to do so.
In order to investigate crime effectively and gather evidence that will enable the prosecuting authorities secure convictions after due process of law, police officials have to be familiar with the fundamental elements of criminal law, criminal procedure and the law of evidence. These principles are set out in Applied Law for Police Officials. There is a clear focus on the implications of these laws for police procedures. Applied Law for Police Officials highlights the importance of effective co-operation between an investigating officer and the victim of crime, other witnesses and the prosecutor, which will greatly improve the chances of a successful criminal prosecution.
To exercise their powers lawfully, police officials must also be aware of the social context in which their duties are performed and of the constitutional principles of human rights, which receive attention throughout this book. With its unique practical approach, addressing legal principles specifically relevant to police officials, Applied Law for Police Officials will help them to provide an effective service to the community.
The second edition of Criminal Procedure: Legislative Guide is intended for use by students studying criminal procedure.
The Guide is a useful collection of legislation that will assist students with studying, exam preparation and the answering of assignments. The purpose of the Guide is to equip students with the theoretical knowledge and applied skills, aptitudes and competencies necessary to analyse and solve issues and disputes arising from the adjectival process of South African criminal procedure as it applies to adult accused persons and child offenders.
This book introduces students to the general principles of contract law with specific application to South Africa. It integrates the common law, statutory law and constitutional perspectives. The text supports learning and the development of independent academic skills through various learning features. This edition includes a full new chapter addressing the Consumer Protection Act 68 of 2008.
In this book, George Bizos, himself centrally involved in many of the inquests following these high-profile deaths in detention, examines the steady erosion of the system of justice and its ultimate failure.'
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.
This criminal law casebook contains excerpts from the most important South African judgments on criminal law. Some shorter judgments are printed in full. Each case is preceded by a brief summary of the facts in the law followed by a note explaining the importance of the judgment. Afrikaans judgments are translated into English. The book also contains an introduction explaining the meanings of important concepts and expressions found in judgments. This is of great value to students who are inexperienced in reading judgments. The four previous editions of this casebook have proven to be an ideal and necessary aid in the study of criminal law.
A proper grasp of the law of insolvency can be acquired only by reading and digesting a sizeable volume of case law. This text, designed to complement Hockly's Insolvency Law, allows students and practitioners to come to terms with a broad range of insolvency cases.
South Africa's pioneer and foremost thinker and voice on Black Economic Advancement, Phinda Mzwakhe Madi, is back with a bang. His first book, Affirmative Action in Corporate South Africa, triggered the first wave of Affirmative Action programmes in the country. His follow up book, Black Economic Empowerment in the New South Africa, led to the formation of the BEE Commission and eventually the creation of the country's policy and codes of good practice. Now his third book in the trilogy, BEE 20 years later - The Baby and the Bathwater, evaluates progress so far and startles with its fresh perspective on the way forward.
Twenty years after the introduction of BEE, Madi’s view is that the time for follow-up and reflection has come. Clear trends and lessons can now be discerned and learned from. He contends that there is an unfortunate narrative that is gaining currency in South Africa generally and the corporate world in particular, as well as numerous sections of civil society, that BEE has been nothing but a smoke and mirrors initiative towards oligarchy, hence his chosen title: BEE 20 years later - The Baby and The Bathwater.
He believes that, having been the first black author to have written on this subject, he has a unique view of the evolution of the process. As a black entrepreneur himself and a director of various top listed companies with a total combined turnover of more than R90bn, he not only has a conceptual and academic understanding of the subject matter, but also has an insider’s view and experience.
As the title suggests, there is now a tendency to want to ‘throw the baby out with the bathwater’. His book argues that we need to make a very clear distinction between the bouncing baby and the (at times) dirty bathwater. The book analyses both the bouncing baby and the unfortunate dirt and grime that covers the bathwater. It makes a very frank, clinical and yet balanced argument on how this distinction needs to be made, as well as why and how we should all ensure that the baby both survives and thrives going forward, whilst getting rid of the ugly side of BEE - the dirty bathwater. But more importantly, he examines how to restore the credibility of this process so that it truly and genuinely moves away from just being seen as the enrichment of the few and lives true to its promise: the economic empowerment of the many.
Featuring conversations with prominent Entrepreneurs, Business People and Thought Leaders: Herman Mashaba; Peter Vundla; Richard Maponya; Gaby Magomola; Thami Mazwai; Leon Louw; Joe Hlongwane; Vusi Thembekwayo; Sandile Zungu; Koko Khumalo; Mandla Malinga; Themba Dlamini; Lawrence Mavundla; Khanyi Kweyama.
Dit het die land geruk, die wêreld geboei en sal in die geskiedenis bekendstaan as die opspraakwekkendste hofsaak tot nog toe in Suid-Afrika. Oscar Pistorius se moordverhoor is die storie van die dekade. Dis ’n liefdesverhaal wat ’n misdaadriller geword het, ’n sprokie wat in bloed geëindig het.
En dís hoe Marida Fitzpatrick die verhaal vertel. Sy weef die skrikwekkende gebeure van daardie noodlottige nag en die mees dramatiese hoofstukke van die verhoor op só ’n manier ineen dat dit soos ’n spanningsverhaal lees. Tussendeur dié boeiende vertelling is uittreksels uit onderhoude wat Fitzpatrick met van die betrokkenes se naastes gevoer het.
Saam met al die menslike vertellings verskyn daar ook ’n interessante ontrafeling van die tegniese aspekte van die verhoor: Wat het die ballistiek, die getuienis oor die gille en Oscar se twee verwere uiteindelik vir hom beteken?
Dit word alles geïllustreer met treffende foto’s wat op die toneel geneem is en grafiese voorstellings.
Die Staat vs. Oscar is ’n fassinerende storie wat nie net al die legkaartstukke van die Oscar-raaisel in plek laat val nie, maar deurentyd aangryp en meesleur.
The 9th edition of Hockly's insolvency law follows the expanded format of the previous two editions. The basic purpose of the book remains the same: to provide a concise, yet fairly detailed, account of the law of insolvency, winding-up and judicial management. The book aims at a wide readership. For the subject specialist, it provides an update of developments in the law relating to insolvency and winding-up; for students, it is a text for both undergraduate and postgraduate study; and for insolvency practitioners, it may be used as a guide and a quick source of reference. The appendices contain specimen applications, specimen estate accounts, the Insolvency Act, relevant extracts from the Companies Act and the Close Corporations Act, and the Cross-Border Insolvency Act.
Legal Principles of Contracts and Commercial Law (Eighth Edition aims at providing a detailed, yet simplified reference to the general principles of the Law of Contract and specific contracts, other commercial transactions and corporate law.
The purpose of this publication is to impact the current legal position, rather than to provide a critical and analytical approach to judgments and the view jurists.
This work is an introductory guide for students of labour relations and managerial studies. This edition retains explanations of the procedures and processes encountered in this field, including parties to an employment-relations system, individual and
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