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Throughout the past 50 years, the courts have been a battleground for contesting political forces as more and more conflicts that were once fought in Parliament or in streets, or through strikes and media campaigns, find their way to the judiciary.
Certainly, the legal system was used by both the apartheid state and its opponents. But it is in the post-apartheid era, and in particular under the rule of President Jacob Zuma, that we have witnessed a dramatic increase in ‘lawfare’: the migration of politics to the courts.
The authors show through a series of case studies how just about every aspect of political life ends up in court: the arms deal, the demise of the Scorpions, the Cabinet reshuffle, the expulsion of the EFF from Parliament, the nuclear procurement process, the Cape Town mayor…
The Land Is Ours tells the story of South Africa’s first black lawyers, who operated in the late nineteenth and early twentieth centuries. In an age of aggressive colonial expansion, land dispossession and forced labour, these men believed in a constitutional system that respected individual rights and freedoms, and they used the law as an instrument against injustice.
The book follows the lives, ideas and careers of Henry Sylvester Williams, Alfred Mangena, Richard Msimang, Pixley ka Isaka Seme, Ngcubu Poswayo and George Montsioa, who were all members of the ANC. It analyses the legal cases they took on, explores how they reconciled the law with the political upheavals of the day, and considers how they sustained their fidelity to the law when legal victories were undermined by politics.
The Land Is Ours shows that these lawyers developed the concept of a Bill of Rights, which is now an international norm. The book is particularly relevant in light of current calls to scrap the Constitution and its protections of individual rights: it clearly demonstrates that, from the beginning, the struggle for freedom was based on the idea of the rule of law.
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.
In Rule Of Law, Glynnis Breytenbach reflects back on her career as a prosecutor, including specific cases she has tried, and on her life to provide a fascinating commentary on the importance of the independence of judicial institutions and the precariousness of this independence.
Her current challenges are directly linked to how outspoken she is and how she continues to campaign fiercely for the rule of law in this country.
The law has developed considerably in several areas since the publication of the fourth edition in 2014.
Barring a few exceptions, the research that preceded the publication of this book was concluded in January 2018.
The book introduces students to the general principles of the law of succession in South Africa, integrating the common law, statutory law, constitutional perspectives, and the related customary law principles. It addresses the Civil Union Act 17 of 2006, and the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009 and other legal developments.
Interpretation of statutes is about understanding enacted law-texts, that is, making sense of the legislative scheme applicable to the situation at hand. Statutory Interpretation: An Introduction for Students aims to teach students to interpret and apply legislation within the total legal environment.
Part 1 (‘Statute law’) introduces students to the different types and categories of legislation, the structural components of legislation, the sometimes confusing ‘codes’ used in legislative texts, and the challenges of applying old order legislation together with new legislation. Part 2 (‘How legislation is interpreted’) comprises a chapter on the theoretical foundations of interpretation and an overview of the basic approaches to statutory interpretation in South Africa, and a chapter dealing with the practical application of the rules of interpretation. Part 3 (‘Judicial law-making during interpretation, and peremptory and directory provisions’) deals with day-to-day applications, and Part 4 is a basic introduction to constitutional interpretation. Students are also introduced to less well-known aspects of statutory interpretation, such as deeming clauses, the suspension of legislation, sunset clauses, legalese, and the counter-majoritarian difficulty.
The fifth edition of Statutory Interpretation: An Introduction for Students is a user-friendly introduction to the basic principles of statutory interpretation. It is aimed mainly at undergraduate students, but practitioners will also find it useful. The rules and principles of statutory interpretation are explained using hypothetical situations and practical examples from case law and legislation.
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.
Jurisprudence is an accessible and engaging text that brings alive the key concepts of this complex and often difficult subject. Covering all the traditional schools of thought, Jurisprudence first examines the issues then discusses the responses of theorists and their competing positions so that readers can relate the theories to everyday situations. The text also tackles the fluid nature of the subject, helping readers to understand how jurisprudence is constantly being modified and refined by contemporary theorists.
The Law Student's Dictionary is an invaluable reference work for
all law students. The terms have been chosen with the specific
needs of the undergraduate student in mind, providing a full
insight into legal terminology and ensuring students are familiar
with terms they will encounter during their studies.
The Law of Commerce in South Africa 2/e provides a clear and practical introduction to various fields of commercial law, for students of accounting and other business disciplines. The text conveys concepts and principles of commercial law in a manner which is accessible and vibrant, clearly demonstrating the practical relevance and application of the legal principles in the commercial world. The text provides clear explanation and extensive illustrative examples to support understanding, as well as a clear pedagogical structure which includes end-of-chapter questions to assess comprehension.
Introduction to law and legal skills introduces LLB students to legal history and basic frameworks and concepts in a graduated, applied and engaging way. The core focus of this text is its innovative educational and learning-developed approach, which helps teach students how to think as lawyers. Knowledge of theory and concept is reinforced through applied, practical exercises which support comprehension. This integrated approach furthers understanding to build and develop independent academic skills. In particular, the text encourages the development of language skills, critical and independent thinking, and legal research skills.
Lawyers must be able to do research and should be able to do it well in order to honour their obligations, be those obligations commercial, in the field of criminal justice, constitutional, judicial or academic. Yet much confusion surrounds the nature of research, the need for lawyers and law students to undertake research projects, the requirements for the dissemination of the results, and their impact on policy and practice. Why is legal research needed? What does it entail? Where should one begin? What methods are used for legal research? What are the ethical issues involved? How does one go about publishing the results of one’s research in law, and which are the appropriate publication platforms? How should the quality of legal research be judged?
Legal Research: Purpose, Planning and Publication seeks to begin answering these questions, to introduce law students to legal research, and perhaps even to open up some new perspectives for those in the legal community who wish to sharpen their research skills.
The guidelines and views in Legal Research are not offered as hard doctrine, but rather as a route map for a journey of discovery, in the course of which readers may develop their own approach to the production of valuable legal research results.
Legal Research provides an introduction to ease the way of legal researchers, especially those with little expertise and experience, and perhaps to open a debate among the more experienced lawyers, who have not yet given much thought to the matter, about developing and improving our understanding of legal research in South Africa.
Regsalmanak: 100 stories uit ons regserfenis is ’n keur uit die rubriek Regsalmanak wat Gustaf Pienaar sedert 2012 op gereelde grondslag vir LitNet lewer. Die 12 hoofstukke se titels is die 12 maande van die jaar, en elke maand het datumverwante verhale, telkens met ’n regsinhoud. Pienaar put uit gepubliseerde hofverslae vir hierdie vermaaklike dog leersame verhale.
Regter Burton Fourie, wat die voorwoord tot die boek skryf, beskryf Regsalmanak as volg: “Vir almal – jonk en oud – behoort hierdie publikasie van groot waarde te wees, veral om die implementering van regsbeginsels op praktiese vlak te ervaar. In hierdie opsig is die skrywer werklik ’n meester. Regsbeginsels word deur die gebruik van keurige Afrikaans verduidelik en toegepas. Daardeur word soms ingewikkelde regsbegrippe vir almal toeganklik gemaak. Derhalwe is die werk ’n hoogs genotvolle reis deur ons regsgeskiedenis.”
Ethics are an integral part of the legal profession. Ethics are important because they imbue a sense of orderliness and professionalism in the members of the profession, and hence instil in legal practitioners a sense of responsibility and accountability. Understanding Professional Conduct and Ethics for Legal Practitioners in Zambia covers the following areas: the core ethics of a legal practitioner; the obligations of an advocate; the fraternity of lawyers; undertakings; disciplining an advocate; the conduct and ethics of prosecutors; and judicial officers' conduct and ethics. The book includes the Judicial (Code of Conduct) Act, the Legal Practitioners' Act and the Legal Practitioners' Practice Rules.
Effective Legal Interviewing and Counselling is a guide for all scholars of law, whether new to practice or experienced, to acquire or enhance the skills required to build and to maintain client rapport in professional practice. The book explains the importance of good interviewing and counselling and includes strategies, practical examples and common mistakes. Hypothetical exchanges between attorneys and clients demonstrate these skills, encouraging the reader to see an interview as a dynamic whole, but also part of the entire process of effective practice.
Public procurement law governs the acquisition of the goods and services that a state needs to fulfil its public functions. This area of law has seen tremendous development globally in recent years, and Africa is no exception. In many African countries there have been sweeping reforms in the regulatory regimes that govern public procurement. This trend shows no signs of slowing down. On the African continent, public procurement law is closely tied to pressing policy issues: from development plans to donor aid and international lending, to anti-corruption agendas and capacity challenges, to public finance management, enforceable remedies under the rule of law, and human rights. This book investigates a number of these themes to foster an understanding of public procurement law in the context of contemporary Africa. The authors of this collection, Public Procurement Regulation for 21st Century Africa, draw on their varied experience from scholarship, government, international bodies, NGOs and private practice to provide a range of perspectives that shed light on this vital field of law.
Ubuntu: An African Jurisprudence examines how and why South African courts and law-makers have been using the concept of ubuntu over the last thirty years, reflecting the views of judges and scholars, and above all proclaiming the importance of this new idea for South African legal thinking. Although ubuntu is the product of relations in and between the close-knit groups of a precolonial society, its basic aims - social harmony and caring for others - give it an inherently inclusive scope. This principle is therefore quite capable of embracing all those who constitute the heterogeneous populations of modern states. Included in this work are discussions of two traditional institutions that provide model settings for the realisation of ubuntu: imbizo, national gatherings consulted by traditional rulers to decide matters of general concern, and indaba, a typically African process of making decisions based on the consensus of the group. Courts and law-makers have used imbizo to give effect to the constitutional requirement of participatory democracy, and indaba to suggest an alternative method of decision-making to systems of majority voting. Ubuntu offers something extraordinarily valuable to South Africa and, in fact, to the wider world. Its emphasis on our responsibility for the welfare of our fellow beings acts as a timely antidote not only to the typically rationalist, disinterested system of justice in Western law, but also to the sense of anomie so prevalent in today's society.
In the Shade of an African Baobab: Tom Bennett's Legacy is a collection of essays published to honour and thank Tom Bennett for his generous contribution to scholarly work over the years in the field of legal pluralism and African jurisprudence, as well as for his mentorship and friendship. The book brings together a collection of work by esteemed scholars from multidisciplinary fields, though the work is focused on aspects of law, culture and religion. The common thread through all the contributions is Tom. His scholarly influence, visible in each of the contributions, can be compared to the mighty Baobab tree: a large iconic, culturally important and majestic tree indigenous to Africa.
Margaretha van Hulsteyn (also known as Scrappy) is the daughter of respected Pretoria attorney Sir Willem van Hulsteyn, and she's an aspiring actress. While studying in London after the Great War, Scrappy changes her name to Marda Vanne and enters into a relationship with one of the foremost actresses of her day, Gwen Ffrangcon-Davies.
However, on a visit to her parents in the Union of South Africa, Marda meets Hans Strydom, an attorney and uncompromising radical politician with the soubriquet ‘The Lion of the North’. Their meeting changes the course of her life, at least temporarily… Strydom went on to become a principal progenitor of the harshest discriminatory legislation which endured for decades until his nephew, President FW de Klerk, in a volte-face, dismantled the laws of apartheid.
A work of biographical fiction, The Lion & The Thespian is based on the true story of the marriage of Hans Strydom, prime minister of South Africa from 1954 to 1958, to the actress Marda Vanne. Veteran author David Bloomberg (former executive mayor of Cape Town, and founder of Metropolitan Life), following extensive reading and research, has adhered faithfully to the chronology of the lives of the main protagonists, their personalities and the historical facts with which they were associated. Creative license has allowed Bloomberg to recreate appropriate scenes and dialogue, complemented by reported sources and recorded speeches.
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