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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.
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.
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.
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 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.'
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.
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.
General Principles of Commercial Law and Algemene Beginsels van Kommersiele Reg provide non-law students with a succinct exposition of the general principles of commercial law. The books contain a wide selection of topics influenced by registration requirements of the Independent Regulatory Board for Auditors. The 8th edition is updated to include statutory and other developments in commercial law and includes: A revised chapter on credit agreements to reflect the effect of the National Credit Amendment Act 19 of 2014. A revised and expanded chapter on banking law, including a discussion of the 2012 version of the South African Code of Banking Practice. An expanded chapter on methods of payment which includes a discussion of selected modern types of electronic payment. A discussion on the application of the Consumer Protection Act 68 of 2008.
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.
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.
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.
In 1991 the Joint Building Contracts Committee - JBCC - published the JBCC Principal Building Agreement and its associated documents. This work's predecessor was published a few months later as a commentary on the new Agreement. However, the JBCC has since published a far-reaching revision of the 1991 documents, which it has designated as 'Series 2000'. This book is not merely an update of the previous work, but rather a new approach to the subject. This publication contains a detailed examination of the building process and the contractual relationship between the employer and his agents on the one hand, and the contractor and his subcontractors on the other, together with a consideration of the traditional and conventional ways of structuring and managing this relationship.
This third edition of Civil Procedure: A Practical Guide provides a clear and concise introduction to the complex area of civil procedure.
The civil procedures used in the High Courts, District and Regional Magistrates' Courts, Supreme Court of Appeal, Constitutional Court and Small Claims Court are discussed in detail, with practical implementation guidelines.
The book has been revised and updated, and incorporates discussions and analyses of all new developments in the field of civil procedure
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.
Unafraid to challenge the status quo, CR Snyman's sixth edition of Criminal Law takes a challenging look at criminal law in South Africa.
This work has been thoroughly revised in light of important changes in the South African legal system, with updated reference to the latest reported judgements.
This publication addresses the legal aspects specifically relevant to police officials.
It states, interprets and applies the most general legal principles in the fields of criminal law and criminal procedure (mainly the pre-trial process), and some basic principles of the law of evidence. There is a constant emphasis on the influence of human rights on these fields of law, and especially on policing powers.
Academics, practitioners, justice and police officials collaborated in producing a book that is not only theoretically sound, but also of great practical value.
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.
Understanding Social Security Law deals with key elements of social security in its various facets, both private and public measures. Social security is defined and different elements such as social insurance, social assistance, pensions and unemployment insurance are set out. Relevant case law is explained for the reader. Selected comparative social security trends elsewhere, including developments in the Southern African Development Community (SADC) are also mentioned.
The book aims to present some relevant aspects of this growing area of the law and labour market policy in an accessible way. Key point summaries of law and frequently asked questions (FAQs) are covered to aid understanding.
The authors are highly regarded labour law practitioners and academics who have published extensively in this field.
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.
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