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Charles Abrahams is a world-class lawyer who sued multinationals for colluding with the apartheid government, but at twelve he was determined to become a world-famous heartsurgeon. Then a school inspector shattered his dream: coloured children from the Cape Flats 'should not aim too high'. Class Action is the story of how Charles aimed high anyway, despite a childhood that included forced removal, dire poverty and the deep sense of shame of being neither white nor a 'white coloured'. As one of eleven children in a poor family, he experienced constant hardship and family strife.
Violence was ubiquitous: his street was notorious for its gang fights, his father abused his mother at home, and schoolteachers beat darker-skinned children like him. Charles wanted a larger life, and he found it through student politics, anti-apartheid activism and reading. He studied relentlessly, finding not only formidable political weapons, but a means to delve into the damage apartheid had done to his personal identity, selfesteem, sexuality and morality. He went on to qualify as a lawyer and, after defending local gangsters, he sought to do good through human-rights and class-action law. He has since spearheaded some of South Africa’s most historic, groundbreaking lawsuits, pursuing justice for ordinary citizens whose lives were ruined by powers too profit-driven to ever think about them.
Class Action depicts a remarkable journey of resistance and healing in reaction to institutionalised greed and racism and the harm it has done to our identities, our relationships and the people of our country.
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.
The Constitution informs every aspect of our legal system and every instance of interpretation and application of that system. The Bill of Rights Handbook's detailed coverage of all aspects of Bill of Rights jurisprudence and practice has made it the standard reference work for this important area of law, and it has been extensively relied upon and quoted by the judiciary. The sixth edition of the Handbook is a comprehensive account of over two decades of jurisprudence interpreting and applying the Bill of Rights. The work has been thoroughly revised, in particular to cover developments in the areas of constitutional jurisdiction, remedies and socio-economic rights.
Scott on Cession: A Treatise on the Law in South Africa is a comprehensive exposition of the law of cession. Scott incorporates aspects of her doctoral thesis (1977), her previous book on cession, The Law of Cession, (1991) and her articles on cession that have been published in law journals. The book focuses on case law, but case law as a source of law in this branch of the law poses particular problems: some of the earlier decisions, and even recent ones, are based on Roman-Dutch law, which no longer completely satisfies current modern needs. To explain certain idiosyncrasies in the case law, Scott refers to the historical development of cession as a legal institution. The book also provides extensive commentary on certain problematic aspects of cession, using comparable legal systems, and incorporates the dogmatic foundations of the law of cession.
Administrative Justice in South Africa: An Introduction offers a clear, comprehensive and practical explanation of administrative justice in South Africa, and includes discussion of the important process of judicial review. Practical in its approach, the text provides valuable focus on the application of principles to case law, problem-solving methodology, and specific procedural aspects of administrative justice. The text offers a clear pedagogical framework which develops independent, critical and reflective engagement with the subject matter. A strong conceptual and enquiring approach enriches knowledge, and engages readers in an interactive, topical and challenging manner. Additional educational resources support teaching, further assisting students to develop the academic skills required to master their studies. Administrative Justice in South Africa: An Introduction is suited as core course material for students who are studying administrative law as a module of the LLB degree. It is also a useful resource for legal practitioners who may wish to engage with foundational and current principles of the field.
The fight of my life . . . For the first time, a blistering, highly charged account from the man known as 'Marine A' who was at the centre of the controversial murder of a wounded Taliban fighter. His case led to an unprecedented wave of public support which raised over GBP800,000 to fund his appeal. The nerve-shredding situations Sgt. Blackman operated within, under sustained attack for long periods, living in the unrelenting horror of a theatre of war, took their toll mentally and physically. 'This book chronicles my young life, my recruitment and training, my first deployments, and then my experiences in the Middle East, where I fought first in Iraq, and later completed two tours of duty in Helmand, Afghanistan - before finally confronting the final moment of my 2011 tour, and the killing of the Afghan insurgent which led to my conviction for murder. 'I confront this moment in a spirit of total honesty, chronicling the weeks and months of a hellish tour that led up to it, the mental frailties the tour exposed - and, without seeking to make excuses, reclaim at least some of that experience for myself. 'This is a searingly honest look at the brutal realities of life in the military.' - Sgt Alexander Blackman (Marine A)
Winner of the 2018 Pulitzer Prize for General Non-Fiction Longlisted for the National Book Award One of the New York Times Book Review's 10 Best Books of 2017 Former public defender James Forman, Jr. is a leading critic of mass incarceration and its disproportionate impact on people of colour. In Locking Up Our Own, he seeks to understand the war on crime that began in the 1970s and why it was supported by many African American leaders in the nation's urban centres. Forman shows us that the first substantial cohort of black mayors, judges and police chiefs took office amid a surge in crime and drug addiction. Many prominent black officials, including Washington, DC mayor Marion Barry and federal prosecutor Eric Holder, feared that the gains of the civil rights movement were being undermined by lawlessness - and thus embraced tough-on-crime measures, including longer sentences and aggressive police tactics. In the face of skyrocketing murder rates and the proliferation of open-air drug markets, they believed they had no choice. But the policies they adopted would have devastating consequences for residents of poor black neighbourhoods. A former public defender, Forman tells riveting stories of politicians, community activists, police officers, defendants and crime victims. He writes with compassion about individuals trapped in terrible dilemmas - from the men and women he represented in court to officials struggling to respond to a public safety emergency. Locking Up Our Own enriches our understanding of why American society became so punitive and offers important lessons to anyone concerned about the future of race and the criminal justice system.
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.
Anton Fagan has taught the South African law of delict for twenty years and has written extensively on the subject. Undoing Delict: The South African Law of Delict under the Constitution includes his ten best previously published articles and essays. They deal with a range of topics, such as wrongfulness, causation, pure economic loss, and defamation. Several of the contributions investigate the impact of the Constitution, or of certain Constitutional Court judgments, on the law of delict or a part thereof. In addition, Undoing Delict includes a previously unpublished essay in which Fagan develops a new explanation of what it means for intentional harm-causing conduct to be wrongful. Many of the views put forward in this book are controversial and their defence against contrary views is at times robust. But the aim throughout is to deepen or advance our understanding of important and interesting, and in some instances puzzling, aspects of the South African law of delict.
Supervision of Local Government discusses the role of national and provincial governments in supervising the functions of local government. The book analyses the legal status of local government, which is entrenched and protected by the Constitution, and examines the powers of the national and provincial governments to supervise local government. Supervision of Local Government explores international practices in the supervision of local government and investigates general trends in the supervision of selected municipalities in South Africa. Shortcomings, inconsistencies and irregularities in the supervision of local government are identified. The book discusses the concept of `supervision' as it relates to local government in its broad sense, which includes monitoring, intervening in and supporting local government. Supervision of Local Government also explores the manifestation of the principles of cooperative government and subsidiarity in the supervision of local government by national and provincial governments. Cooperative government requires that the other spheres of government intervene in local government to assist municipalities in managing their own affairs, while the principle of subsidiarity requires that services should be rendered at the lowest possible level of government. Thus, the national and provincial spheres have a duty to support the local sphere of government in fulfilling this duty and this duty is analysed in the book.
Immigration Law in South Africa outlines the existing law applicable to foreigners as reflected in the Immigration Act, the Citizenship Act, the Domicile Act and the Extradition Act as at 31 July 2017. The book also draws attention to the policy shifts by the South African government in the White Paper on International Migration, the Border Management Act, and the Discussion Paper on the repositioning of the Department of Home Affairs within the security cluster. Immigration Law in South Africa comprises three parts. Part One contextualises migration at an international level and within South Africa. This part discusses the concept of migration in the context of South Africa and on the international stage and how the human rights perspective has developed the notion of migration in South Africa. Part Two examines South African immigration law specifically - whom the state allows to enter and leave, who is considered undesirable or prohibited, permanent residence, and the various types of short-term visas that are offered to foreigners. Part Three considers the penalties that South Africa can impose on foreigners who violate the immigration laws of South Africa: the deportation, detention and extradition laws relating to immigrants in South Africa are examined.
The Journey to Transform Local Government is about the challenges and opportunities for municipalities in South Africa as they journey towards delivering on the promise of developmental local government. It deals with various issues on the continuum of local government transformation in South Africa, for example, what does Sustainable Development Goal 11 mean for a municipality? Given that good governance is essential for success, are municipalities implementing anti-corruption policies and are the Municipal Public Accounts Committees functioning? How do we staff municipalities with professionals who see local government as their career of choice? And, given that our ageing infrastructure poses risks for the future, what should municipalities do to ensure proper maintenance? How do we manage the overlapping roles of traditional leaders and municipalities? Can traditional land use allocation and building practices co-exist with municipal planning and building regulations? And, when municipalities insist on town planning and building regulations, how does this affect local entrepreneurs? Lastly, how do we measure spatial transformation in practice? The authors grappling with these questions come from universities, government, civil society and the private sector. They fill the pages of this book with some of the latest research on local government, grounded in the reality of today's South Africa.
Fundamental Rights in South Africa: A Brief Introduction provides essential information about fundamental rights in South Africa, giving undergraduate law students a sound basis upon which to build their understanding of the South African Bill of Rights. The book seeks to examine every component of the Bill of Rights, referring selectively to current authority. The book provides practical exercises that will assist students with understanding fundamental rights and that will keep them engaged in the subject.
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