Browsing Category Law

Artz (L.) & Smythe (D.) eds. SHOULD WE CONSENT?, rape law reform in South Africa
286 pp., paperback, Cape Town, 2008. R570
A collection that charts the social and legal debates and jurisprudential developments that took place during the reform of South Africa's laws on sexual offences, a process which culminated at the end of 2007 in the Criminal Law (Sexual Offences and Related Matters) Amendment Act.
Atuahene (B.) WE WANT WHAT'S OURS, learning from South Africa's land restitution program
198 pp., hardback, d.w., New York, 2014. R250
Bernadette Atuahene interviewed over one hundred and fifty South Africans who participated in the nation's land restitution program. In this book she presents her research into the successes and failures of South Africa's attempts at "dignity restoration", a unique fusion of reparations with restorative justice that seeks to restore property while also confronting the underlying dehumanization, infantilization, and political exclusion that enabled the injustice.

Bernadette Atuahene is Professor of Law at Chicago-Kent College of Law, Illinois Institute of Technology, and a faculty member of the American Bar Foundation.
Bentley (K.), Nathan (L.) & Calland (R.) eds. FALLS THE SHADOW, between the promise and the reality of the South African Constitution
214 pp., paperback, Cape Town, 2013. R360
A collection of essays that explore the causes, meaning and implications of the gap between the promise of the South African Constitution and the reality of life for most South Africans.

Contributions include:
"You Can't Eat the Constitution: is democracy for the poor?" by Tseliso Thipanyane
"Security and the Constitution: Xenophobia. Whose rights? Whose safety?" by Judith Cohen
"Custom and Constitutional Rights: an impossible dialogue?" by Mazibuko Jara
"Bending the Rules: constitutional subversion by the intelligence services" by Laurie Nathan
"Judicial Selection: what qualities do we expect in a South African judge?" by Susannah Cowen
"'Things fall apart; the centre cannot hold" by Richard Calland.

Kristina Bentley is a Senior Research Associate with the Democratic Governance and Rights Unit in the Faculty of Law at the University of Cape Town.
Richard Calland is Associate Professor in the Department of Public Law and the Director of the Democratic Governance and Rights Unit in the Faculty of Law at the University of Cape Town.
Laurie Nathan is Extraordinary Professor and Director of the Centre for Mediation in Africa at the University of Pretoria.
Berger (I.) et al (eds.) AFRICAN ASYLUM AT A CROSSROADS, activism, expert testimony, and refugee rights
272pp., hardback, Athens, 2015. R925
A collection of essays that explore the role of court-based African asylum cases and establish an analytical framework for interpreting the effects of this new reliance on expert testimony on both asylum seekers and experts.

"A groundbreaking volume on the complex experience of African asylum seekers and refugees in the context of the crisis of the African state in the global era. With authoritative chapters by outstanding Africanists, covering a wide range of critical issues, this lucidly analytical volume effectively engages the dialectical tensions between Africa and the West, the local and the global, tradition and modernity. A truly rigorous scholarly work on a subject of great importance in African studies, socio-legal studies, and the wider humanistic social sciences" Olufemi Vaughan, Geoffrey Canada Professor of Africana Studies and History, Bowdoin College
Browde (D.) THE RELATIVELY PUBLIC LIFE OF JULES BROWDE,
310pp., illus., paperback, Johannesburg, 2016. R240
The biography of South African advocate and judge Jules Browde (1919-2016), a prominent human rights lawyer under apartheid, and a friend of Nelson Mandela. A founder member and chairman of Lawyers For Human Rights, in 2008 he received the Sydney and Felicia Kentridge Award for Service to Law in Southern Africa. Danile Browde is Jules Browde's son.

"Danile Browde's account of Jules Browde's life is rich, engaging, intriguing and delightful. Crammed with human and historical interest, it reveals Jules Browde as a large-hearted, generous man, whose expansive spirit encompassed warfare, politics, family and friendship across critical decades of our democracy's history and prehistory - but whose life, pre-eminently, was committed to elementary justice for all in our country." Edwin Cameron, Justice of the Constitutional Court of South Africa

"Browde writes a precise, elegant prose, warmed by an appealing candour and understated lyricism. His book is both a tangential biography and an amusing account of the perils and pleasures of learning to be a writer. In counterpoint, the voices of the 'young storyteller' and his grandfather show how a life is made in interaction and relationship, among family and friends, in the stories we tell one another and ourselves." Ivan Vladislaviç, author of "Portrait with Keys"
Cameron (E.) JUSTICE, a personal account
347 pp., paperback, Cape Town, 2014. R255
A memoir by Constitutional Court Justice Edwin Cameron, in which he reflects on the power and the limitations of the law and examines the role of the law in South Africa's transition.

"A remarkable integration of fascinating, often moving personal memoir, professional reminiscence and acute historical analysis of South African law, politics and society." Sir Sydney Kentridge, QC

"Shows with brilliant clarity how the life of a jurist informs his reading of the law. An inspirational, but never a self-indulgent, story of a remarkable South African life." Eusebius McKaiser

Edwin Cameron was the first senior South African official to state publicly that he was living with HIV/AIDS. His other books include the autobiography, "Witness to Aids", and "Defiant Desire, gay and lesbian lives in South Africa", which he co-authored with Mark Gevisser. He has received numerous awards, including the Nelson Mandela Award for Health and Human Rights (2000) and the San Francisco Aids Foundation Excellence in Leadership Award for 2003, and the Brudner Prize from Yale for 2009-2010. In 2002 the Bar of England and Wales honoured him with a special award for his contribution to international jurisprudence and the protection of human rights.
Carnelley (M.) & Hoctor (S.) eds. LAW, ORDER AND LIBERTY, essays in honour of Tony Mathews
271 pp., paperback, Pietermaritzburg, 2011. R215
A collection of essays in honour of legal academic, author and human rights activist Professor Tony Mathews.

Contributions include:
"Tony Mathews and Criticism of the Judiciary" by John Dugard
"Securing the Rule of Law" by Hugh Corder
"Tony Mathews and the Rule of Law" by Dennis Davis
"Playing Catch-Up: the South African constitution, administrative law and jurisdictional facts" by Clive Plasket
"State Privilege in a Democratic South Africa" by P.J.Schwikkard
"The Legacy of Professor Tony Mathews and the Challenges of Applied Legal Research in the Twenty-First Century" by Winnie Kubayi.

Tony Mathews was born in Pretoria in 1930, gew up in Louis Trichardt and studied in Natal. He was employed by the University of Natal law faculty for more than 30 years. He was a founding member of the South African Journal on Human Rights. His publications include "Freedom, State Security and the Rule of Law" and "The Darker Reaches of Government". He died in 1993.
Chenwi (L.) TOWARDS THE ABOLITION OF THE DEATH PENALTY IN AFRICA, a human rights perspective
239 pp., map, paperback, Pretoria, 2007. R220
Discusses the international trend towards the abolition of the death penalty from an African perspective.

Dr Lilian Chenwiworks as a senior researcher in the Socio-Economic Rights Project of the Community Law Centre, Univerity of the Western Cape. This book is an updated and reworked version of her doctoral thesis.
Chirwa (D.W.) & Nijzink (L.) eds. ACCOUNTABLE GOVERNMENT IN AFRICA, perspectives from public law and political studies
302 pp., paperback, Cape Town, 2012. R375
Published in the USA in 2012.

A collection of essays on legal and political developments on acountable government in a number of African countries, including Malawi, Zambia, South Africa, Ghana, Mali, Tanzania and Uganda.

Contributions include:
"Post-apartheid Accountability: the transformation" by Andrew Nash
"Judicial Review of Parliamentary Actions in South Africa: a nuanced interpretation of the Separation of Powers" by Hugh Corder
"Balancing Independence and Accountability; the role of Chapter 9 institutions in South Africa's constitutional democracy" by Pierre de Vos
"Accountability Compromised: floor crossing in Malawi and South Africa" by Lia Nijzink
"Democracy Within Political Parties: the state of affairs in East and South Africa" by Augustine T.Magolowondo.
Claassens (A.) & Cousins (B.) LAND, POWER & CUSTOM, controversies generated by South Africa's Communal Land Rights Act
392 pp., paperback, CD-Rom, Cape Town, 2008. R445
A collection of essays that deal with "tenure reform in the former homelands, and the implications for power and gender relations".
"The book includes a CD-Rom containing current and historical legislation affecting communal land and affidavits by rural applicants, state officials and traditional leaders in pending legislation concerning land rights and chiefly power."

Contributions include "Contextualising the Controversies: dilemmas of communal tenure reform in post-apartheid South Africa" and "Characterising 'Communal' Tenure: nested systems and flexible boundaries" by Ben Cousins,
"'Official' vs 'Living' Customary Law: dilemmas of description and recognition" by Tom Bennett,
"Women, Land and Power: the impact of the Communal Land Rights Act" by Annika Claasens and Sizani Ngubane,
"Contested Terrain: land rights and chiefly power in historical perspective" by Peter Delius, and
"Customary Law and Zones of Chiefly Sovereignty: the impact of government policy on whose voices prevail in the making and changing of customary law" by Annika Claasens.

Ben Cousins is a Professor in the School of Government at the University of the Western Cape and the Director of the Programme for Land and Agrarian Studies (Plaas).
Annika Claasens worked for the Ministry of Land Affairs as a tenure specialist from 1996 to 2000. is currently contracted by the Legal Resources Centre (LRC) to co-ordinate research relating to the Communal Land Rights Act 11 of 2004.


Claassens (A.) & Smythe (D.) eds. MARRIAGE, LAND AND CUSTOM, essays on law and social change in South Africa
408 pp., paperback, Cape Town, 2013. R545
A collection of essays that consider the processes of change and adaptation taking place in relation to marriage and the land rights of single women living in "communal" areas in South Africa, They also examine how these changes relate to broader economic and political developments, and the impact of the implementation of the Recognition of Customary Marriages Act.

Contributions include:
"Women, Marriage and Land: findings from a three-site survey" by Debbie Budlender
"Women's Land Rights and Social Change in Rural South Africa: the case of Msinga, KwaZulu-Natal" by Ben Cousins
"Contesting Customary Law in the Eastern Cape: gender, place and land tenure" by Tara Weinberg
"How Social Security Becomes Social Insecurity: fluid households, crisis talk and the value of grants in a KwaZulu-Natal village" by Bernard Dubbeld
"Renegotiating Intimate Relationships with Men: how HIV shapes attitudes and experiences of marriage for South African women living with HIV: 'Now in my life, everything I do, looking at my health'" by Diane Cooper, Elena Moore and Joanne Mantell
"'Today it would be called rape': a historical and contextual examination of forced marriages and violence in the Eastern Cape" by Nyasha Karimakwenda.

Aninka Claassens is Chief Researcher and Director of the Rural Women's Action Research Programme at the Centre for Law and Society, Faculty of Law, University of Cape Town.
Dee Smythe is Associate Professor and Director of the Centre for Law and Society, Faculty of Law, University of Cape Town.
Cowen (D.) COWEN ON LAW, selected essays
387 pp., hardback, d.w., Reprint, Cape Town, (2008) 2009. R484
A collection of essays by Denis Cowen, edited by his daughter, advocate Susannah Cowen. Introduction by Laurie Achermann, former Justice of the Constitutional Court. Each of the essays are introduced by leading legal thinkers, including Arthur Chaskalson, Jeremy Gauntlett, Pius Langa, Dennis Davis, Albie Sachs and Edwin Cameron.

Denis Cowen was born in Cape Town in 1917. He was Professor of Comparative Law at the University of Cape Town and Dean of the Faculty of Law. In the 1950s and 1960s he was a legal adviser to the Basotho people on constitutional reform and after independence in 1966 became special adviser to the Government of Lesotho. He was also Professor of Law at the University of Chicago and Director of the Centre for Legal Research (New Nations). In the 1970s he was Chief Law Adviser to the Johannesburg City Council. In 1982 he was made Honorary Professor of Banking Law at Rand Afrikaans University. In the 1980s he worked as a consultant for Webber Wentzel. He died in Cape Town in 2007.
Davis (D.) & le Roux (M.) PRECEDENT & POSSIBILITY, the (ab)use of law in South Africa
201 pp., paperback, Cape Town, 2009. R220
Foreword by Cyril Ramaphosa.

"'Precedent & Possibility' examines a series of key cases over the past 60 years, the judgements of which changed the political or social landscape of the country."

Dennis Davis is a Judge of the High Court of South Africa, Judge-President of the Competition Appeal Court and a Judge of the Labour Appeal Court. He is also an Honorary Professor of Law at the University of Cape Town.
Michelle le Roux is an Advocate of the High Court of South Africa and a member of the Johannesburg and New York Bars.
de Beer (J.), Armstrong (C.), Oguamanam (C.) & Schonwetter (T.) eds. INNOVATION & INTELLECTUAL PROPERTY, collaborative dynamics in Africa
408 pp., paperback, Cape Town, 2014. R412
A collection of essays that explore that complex relationships between intellectual property (IP) rights and the innovation they are meant to encourage. Case studies were undertaken and evidence collected in nine African countries: South Africa, Mozambique, Botswana, Kenya, Uganda, Ethiopia, Ghana, Nigeria and Egypt.

Contributions include:
"Consideration of a Legal 'Trust' Model for the Kukula Healers' TK Commons in South Africa" by Gino Cocchiaro, Johan Lorenzen, Bernard Maister and Britta Ruterr
"The State of Biofuel Innovation in Mozambique" by Fernando dos Santos and Simão Pelembe
"Perspectives on Intellectual Property from Botswana's Publicly Funded Researchers" by Njoku Ola Ama
"Current Realities of Collaborative Intellectual Property in Africa" by Jeremy de Beer, Chris Armstrong, Chidi Oguamanam and Tobias Schonwetter.
de Wet (E.), Hestermeyer (H.) & Wolfrum (R.) eds. THE IMPLEMENTATION OF INTERNATIONAL LAW IN GERMANY AND SOUTH AFRICA,
528pp., paperback, Pretoria University Law Press (PULP), Pretoria, 2015. R385
This book explores suitable techniques for implementation of international law by comparing South Africa and Germany. It focuses on key sub-areas of international law in the two countries, including the United Nations Charter, the international law of the sea, international economic law,international environmental law, international human rights law, international criminal law, regional integration and the status of international judicial decisions before domestic courts.
du Bois-Pedain (A.) TRANSITIONAL AMNESTY IN SOUTH AFRICA,
391 pp., hardback, Cambridge, 2007. R1260
The "first comprehensive analysis of South Africa's amnesty scheme in its practical and normative dimensions. Through empirical analysis of over 1,000 amnesty decisions made by the Amnesty Committee of the Truth and Reconciliation Commission, the study measures the scheme against its stated goals of truth recovery, victim empowerment and perpetrator accountability. It also explores normative questions raised by the absence of punishment."

Antje du Bois-Pedain is a lecturer in law at the University of Cambridge.
du Plessis (M.) THE INTERNATIONAL CRIMINAL COURT THAT AFRICA WANTS,
105 pp., paperback, Monograph No. 172, Pretoria, 2010. R35
Max du Plessis examines Africa's relationship with the International Criminal Court (ICC), identifies and evaluates the criticisms of the court that have arisen within the African Union (AU), and offers recommendations in respect of each complaint.

Max du Plessis is a senior research associate at the International Crime in Africa Programme at the Institute for Security Studies, Pretoria, and an associate professor of law at the University of KwaZulu-Natal. He also practices as an advocate.
Friedman (G.) & Gauntlett (J.) comps. BAR, BENCH & BULLSHIFTERS, Cape tales 1950-1990
95 pp., illus., paperback, Cape Town, 2013. R195
A humorous collection of stories from life at the Bar and on the Bench in the Cape, starting at the end of World War Two and finishing with the arrival of democracy in South Africa. Contributors include Bobby Bloch, Gerald Gordon, Dawid de Villiers, Percy Jones, Andries Beyers, George Munnik and Jackie de Villiers.

Gerald Friedman joined the Cape Bar in 1950. He took silk in 1970, was appointed a judge of the Cape Provincial Division in 1977, and was elevated to the Appellate Division in 1990. He served as judge president of the CPD from 1992-1998.
Jeremy Gauntlett joined the Cape Bar in 1977, and took silk in 1989. From 1996 to 2010 he was a judge of the Court of Appeal of Lesotho. In 2012 he was made a Bencher of the Middle Temple.
Giannini (T.), Farbstein (S.), Bent (S.) & Jackson (M.) PROSECUTING APARTHEID-ERA CRIMES?, a South African dialogue on justice
160 pp., paperback, Cambridge, 2009. R185
Prologue by actor and playwright John Kani.

In September 2006, the Cape Town-based Institute for Justice and Reconciliation (IJR) invited a team from Harvard Law School's International Human Rights Clinic to examine a South African government policy, promulgated in December 2005, which granted the National Prosecuting Authority (NPA) extensive powers in deciding whether or not to prosecute alleged perpetrators. This book, based on extensive interviews with former TRC staff and commissioners, human rights lawyers, governments officials, survivors of apartheid, presents and reflects on a variety of South African perspectives on the enduring issue of prosecution of apartheid-era crimes.
Glazewski (J.) & Esterhuyse (S.) eds. HYDRAULIC FRACTURING IN THE KAROO, critical legal and environmental perspectives
494pp., paperback, Cape Town, 2017. R695
A collection of essays that explore questions relating to proposed hydraulic fracturing or 'fracking' in the Karoo.

Contributions include:
"The Constitutional and Legal Framework" by Jan Glazewski
"Environmental Assessment of Shale Gas Development in South Africa" by Tracy Humby
"The Economics of Shale Gas Fracking: what can the American experience teach us" by Saliem Fakir and Ellen Davies
"The Internationally Significant Karoo Archaeology snd Palaeontology Record: short-term threats and long-term responsibilities" by David Morris, Bruce Rubidge and Jan Glazewski
"Effects on Communities: the social fabric, local ivelihoods and the social psyche" by Nola Redelinghuys
'Making Legal Sense of a 'Sense of Place' in the Karoo" by Loretta Feris.

Jan Glazewski is Professor in the Institute of Marine and Emvironmental Law at the Uhiversity of Cape Town.
Surina Esterhuyse is a lecturer at the Centre for Environmental Management at the University of the Free State.
Handmaker (J.) & Berkhout (R.) eds. MOBILISING SOCIAL JUSTICE IN SOUTH AFRICA, perspectives from researchers and practitioners
208 pp., illus., paperback, Pretoria, 2010. R220
The findings of five research projects on social justice practice presented at a conference organised by the HIVOS-ISS Knowledge Programme and held at the University of the Witwatersrand in November 2009.

Contributions include:
"Civic-State Interactions and the Potential for Structural Change" by Jeff Handmaker,
"The Budget Process and Strategic Civic Interventions" by Frank S.Jenkins,
"Civic Action and Legal Mobilisation: the Phiri water meters case" by Jackie Dugard,
"Resistance and Repression: policing protest in post-apartheid South Africa" by Marcelle C.Dawson,
"Migrant Mobilisation: structure and strategies for claiming rights in South Africa and Kenya" by Zabeena Jinnah and Rio Holaday,
"Unlocking the Potential for Civic Action and Structural Change: reflections on mobilising social justice" by Jeff Handmaker and Remko Berkhout.
Hassim (A.), Heywood (M.) & Berger (J.) eds. HEALTH & DEMOCRACY, a guide to human rights, health law and policy in post-apartheid South Africa
506 pp., illus., paperback, Cape Town, 2007. R230
A comprehensive guide to the health system, health law and health policy, with examples drawn from health activism regarding HIV/AIDS to illustrate the practical implications of law and policy.

Adila Hassim is an advocate of the High Court of South Africa and a member of the Johannesburg Bar. She is head of litigation and legal services at the Aids Law Project. Mark Heywood is head of the Aids Law Project. Jonathan Berger is head of policy and research at the Aids Law Project.
Higginbotham (D.) & Collis-Buthelezi (V.) eds. CONTESTED INTIMACIES, sexuality, gender, and the law in Africa
84pp., paperback, Cape Town, 2015. R200
A collection of essays that focus on the ways that sexuality, gender and the law interact in southern African countries, primarily Uganda and South Africa.

Foreword by Max Price, Vice-Chancellor, University of Cape Town.

Contributions include:
"The Limits of the Law: human rights and the emancipation of sexual minorities on the African continent" by Pierre de Vos
"On Miniskirts and Hegemonic Masculinity: the ideology of deviant feminine sexuality in anti-homosexulaity and decency laws" by Barbara Boswell
"Sexing the Law and Legislating Gendered Sexualities" by Stella Nyanzi
Himonga (C.) & Moore (E.) REFORM OF CUSTOMARY MARRIAGE, DIVORCE AND SUCCESSION IN SOUTH AFRICA, living customary law and social realities
374pp., paperback, Cape Town, 2015. R545
This book examines the operation of the Recognition of Customary Marriages Act 120 of 1998 (RCMA) and the rules of succession developed by the Constitutional Court in Bhe v Magistrate, Khayelitsha (the Bhe rules). It is the outcome of a research project conducted by the NRF Chair in Customary Law, Indigenous Values and Human Rights, the Department of Sociology at the University of Cape Town, and the National Movement of Rural Women.

"...offers readers a nuanced analysis that is rich in argumentation. The object of the research is to show how legislators in a new democratic constitutional framework have sought to do justice to customary rights that, in the arena of marriage, its effects and its dissolution as well as succession, fall within a normative context that is historically prior to the new Constitution of South Africa, and above all that are based on different value systems. This is a highly delicate topic, and the authors show clearly the prudence of the legislators, who did not create a tabula rasa but neither did they fully subscribe to the existing customary rights. This difficult balance is illustrated by a meticulous analysis of both case law and testimonies of people's experiences of law in daily life." Professor Marie-Claire Foblets, Director of the Max Planck Institute for Social Anthropology
Jordaan (B.) & Stander (U.) EFFECTIVE WORKPLACE SOLUTIONS, employment law from a business perspective
215pp., paperback, Cape Town, 2016. R360
A handbook on the practicalities of labour law, employment relations, and dispute resolution suitable for HR professionals, employee relations specialists, union officials and managers.

"This highly recommended publication, written by recognised experts in the field of employment relations and labour law, provides a comprehensive, integrated and very practical guide to the skills and knowledge required for success in the field." Christoph Garbers, Law Faculty, Stellenbosch University.

"...a useful, accessible and an easy read that will provide its readers with a road map for establishing and maintaining effective workplace solutions to challenging economic times." Gawie Cillié, Department of Industrial Psychology, Stellenbosch University and University of Stellenbosch Business School

Barney Jordaan is currently Professor of Management Practice at Vlerick Business School in Belgium.
Advocate Ulrich Stander practices as an employment law and employment relations lawyer.
Jorens (Y.) ed. HIV AND SOCIAL SECURITY LAW, the SADC region
142 pp., paperback, Cape Town, 2013. R207
A collection of papers presented at the SADC Regional Conference on the impact of the HIV/AIDS Pandemic on Social Law which took place in Maputo, Mozambique, in March 2011. Representatives of ILO, the SADC tribunal and academics from universities in the SADC region assess to what extent national governments have enacted measures to deal with HIV-related issues in the domains of labour law, health law, social protection and social security law.
Joubert (R.) & Prinsloo (S.) THE LAW OF EDUCATION IN SOUTH AFRICA,
254 pp., paperback, Second Edition, Pretoria, (2001) 2009. R270
This book makes school law accessible by describing and explaining legal aspects pertaining to managing a school in a professional and ethical way and addressing the interpretation and implementation of acts, regulations, policies and court judgements using practical day-to-day examples experienced in South African schools.
Kesselring (R.) BODIES OF TRUTH, law, memory, and emancipation in post-apartheid South Africa
256pp., illus., paperback, Stanford, 2017. R495
An account of how apartheid victims deal with the long-term effects of violence, based on research with members of the victim support group Khulumani and critical analysis of legal proceedings related to apartheid-era injury.

"'Bodies of Truth' is essential reading for all those interested in the twenty-year aftermath of the South African Truth and Reconciliation Commission. Kesselring's innovative ethnography with victims seeking redress in the South African and U.S. Courts examines the limits of law and also makes a powerful case for the transformative potential of new forms of shared sociality. The imaginative combination of the anthropology of law and the body to understand the after-effects of violence in people's lives makes this a ground-breaking work." Richard Ashby Wilson, author of "The Politics of Truth and Reconciliation in South Africa"

"Deeply serious and imaginative, 'Bodies of Truth' connects anthropology of law and anthropology of the body. Rita Kesselring reveals that even when much is achieved legally in the struggle for transitional justice, bodily experiences of victimhood continue to haunt the victims, and endemic, systematic violence continues to shape the political sphere long after it has ended. Kesselring presents readers with ways in which liberation from habitual victimhood might be achieved." Paul Connerton, University of Cambridge

Rita Kesselring is Senior Lecturer at the Institute for Social Anthropology at the University of Basel, Switzerland.
le Roux (W.) & van Marle (K.) eds. POST-APARTHEID FRAGMENTS, law, politics and critique
188 pp., illus., paperback, Pretoria, 2007. R150
Investigates different aspects of post-apartheid law, politics and society.

Contributors include Johan van der Walt, Karin van Marle, Wessel le Roux, André van der Walt, Henk Botha and Stewart Motha, all South African legal scholars.
Liebenberg (S.) & Quinot (G.) eds. LAW AND POVERTY, perspectives from South Africa and beyond
460 pp., paperback, Cape Town, 2012. R563
A collection of essays that focus on theoretical and strategic questions concerning the relationship between law and systemic poverty. The essays were first presented at a colloquium on Law and Poverty organised by Stellenbosch University's Law Faculty in 2011.

Contributions include:
"The Role of the Constitution in the Struggle against Poverty" by Pius N Langa
"The Legal Construction of Poverty: gender, 'work', and the 'social contract'" by Lucy A Williams
"The Potential and Limits of an Equal Rights Paradigm in Addressing Poverty" by Sandra Fredman
"Gendered Transformation in South African Jurisprudence: poor women and the Constitutional Court" by Catherine Albertyn
"Farm Land and Tenure Security: new policy and legislative developments" by Juanita Pienaar and Anna Kamkuemah
"Rental Housing as Adequate Housing" by Sue-Mari Maass
"Privatisation of the Commons: water as a right; water as a commodity" by Khulekani Moyo.

Sandra Liebenberg is HF Oppenheimer Chair in Human Rights Law at the University of Stellenbosch Law Faculty.
Geo Quinot is Professor of Law at the University of Stellenbosch Law Faculty, and editor of the Stellenbosch Law Review.
Sandra Liebenberg and Geo Quinot co-direct a research and postgraduate training project on Socio-Economic Rights and Administrative Justice (SERAJ) at the Stellenbosch Law Faculty.
Mancuso (S.) & Fombad (C.) eds. COMPARATIVE LAW IN AFRICA, methodologies and concepts
185pp., paperback, Cape Town, 2015. R365
This book is the outcome of an inaugural methodology workshop held in October 2012 by the Centre for Comparative Law in Africa at the University of Cape Town.

Contributions include:
"Africanisation of Legal Education Programmes: the need for comparative legal studies" by Charles Fombad
"Comparative Law in an African Context" by Salvatore Mancuso
"Applying the Tool of Comparative Law to the Study of Africa's Multiple Development Pathways" by Ada Ordor
"The Meeting of Comparative Law and Legal Anthropology in Africa" by Thomas Bennett
""Human Rights and Business Law in an African Context" by Moussa Samb.
Massie (K.), Collier (D.) & Crotty (A.) EXECUTIVE SALARIES IN SOUTH AFRICA, who should have a say on pay?
322 pp., paperback, Johannesburg, 2014. R265
Foreword by Pravin Gordham.

The authors of this book examine levels of pay and income inequality in South Africa. They explore "possible inefficiencies and growth-limiting aspects of excessive executive pay and the extent of the gap between the pay of the wealthy executive and that of the working poor". Where effective ethical business leadership on the question of remuneration is absent they "support regulatory intervention that provides multiple stakeholders with a say on pay at all levels of a company". from pg. xvii of the introduction

Canadian barrister and solicitor Kaylan Massie moved to South Africa in 2011. She graduated with a Master's degree in Labour Law in 2012.
Debbie Collier is currently Associate Professor in the Department of Commercial Law, Faculty of Law, University of Cape Town, and is an associate of the Institute of Development and Labour Law.
Financial writer Ann Crotty received her MPhil in Company Law from the University of Cape Town in 2010. She was named journalist of the year in 2005, along with her colleague, Renée Bonorchis, for their work on executive pay published in Business Report. In 2006 she was named Sanlam Financial Journalist of the Year, and in 2013 she won the Economy and Industry Section of the Sanlam Award.
Mofokeng (L.) LEGAL PLURALISM IN SOUTH AFRICA, aspects of African customary, Muslim and Hindu family law
181 pp., paperback, CD-Rom, Pretoria, 2009. R271
Lesala Mofokeng focuses on recent developments in South African law concerning the legal recognition of African customary marriages and aspects of Hindu and Muslim religious marriages.
Nagtegaal (M.) & Nagtegaal (J.) & Nagtegaal (V.) HER LAW, making the law work for you
246 pp., paperback, Cape Town, 2007. R130
Her Law is the name of part of the Lipco Legal Group, established to give all women affordable access to legal help. This book is an attempt by Her Law to help women become more aware of their rights.

Adv Marilize Nagtegaal is the Legal Director of the LIPCO Group, lawyer Jackie Nagtegaal is the joint Managing Director and Vera Nagtegaal is Director of Communications and Branding.

Nassali (M.) BEATING THE HUMAN RIGHTS DRUM, applying human rights standards to NGO's governance
260pp., paperback, Pretoria University Law Press (PULP), Pretoria, 2015. R340
Maria Nassali argues that NGOs "have the obligation to empower themselves internally before they can champion the empowerment of others." from the back cover

Maria Nassali teaches in the School of Law at Makerere University in Uganda. She is also employed as Chief Executive Officer of International Governance Alliance.
Pienaar (J.) LAND REFORM,
918 pp., paperback, Cape Town, 2014. R785
"The book covers all legal developments spanning the first phase or exploratory land reform programme that was embarked upon in 1991, followed by the all-encompassing land reform programme that coincided with the constitutional dispensation, until July 2013.
Land reform is approached with reference to its various contexts, drawing the broad categories of state land and private land that are further subdivided into urban and rural contexts, where relevant. All relevant legislative measures and policy documents are set out and major court decisions are analysed accordingly." from the back cover

Juanita Pienaar is Professor in Private Law at Stellenbosch University.
Price (A.) & Bishop (M.) eds. A TRANSFORMATIVE JUSTICE, essays in honour of Pius Langa, first published as Acta Juridica 2015
4904pp., paperback, Cape Town, 2015. R570
Pius Langa (1939–2013) was Chief Justice of the Constitutional Court of South Africa. Appointed to the bench in 1994 by Nelson Mandela, he became Deputy Chief Justice in 2001 and was elevated as Chief Justice in 2005 by Thabo Mbeki. He retired in October 2009.

Contributions include:
"Tribute to Pius Langa" by Albie Sachs
"Working with Pious Langa on Press Freedom" by Anshal Bodasing
"Legal Transformation and Legal Education: congruence or conflict?" by Dennis Davis
"The Langa Court" its distinctive character and legacy" by Theunis Roux
"On the Reciprocal Relationship Between the Rule of Law and Civil Society" by Stu Woolman
"On the Limits of Cultural Accomodation: KwaZulu-Natal MEC for Education vs Pillay" by Okyerebea Ampofo-Anti and Michael Bishop.


Reid (E.) & Visser (D.) eds. PRIVATE LAW AND HUMAN RIGHTS, bringing rights home in Scotland and South Africa
532 pp., paperback, First S.A.Edition, Cape Town, 2014. R595
First published in Scotland in 2013.

A collection of essays that examine how human-rights provisions influence private law. Since Scotland and South Africa are mixed jurisdictions, combining features of common law ands civil law traditions, it is possible to compare the approach in these kindred legal systems and provide a benchmark for both.

Contributions include:
"The Politics of Private Law: sexual minority freedom in South Africa and Scotland" by Jaco Barnard-Naudé
"Child Law: respecting the rights of children" by Elaine Sutherland
"The Right to Personal Security" by Anton Fagan
"Defamation and Freedom of Expression" by Jonathan Burchell
"Examining the Labour Law and Social Dimension of Human Rights: the UK and South Africa" by David Cabrelli
"Environment and Human Rights: the right to water in South Africa and Scotland" by Loretta Feris and John Gibson.

Elspeth Reid is Professor of Scottish Private Law at the University of Edinburgh.
Daniel Visser is Deputy Vice-Chancellor and Professor of Law at the University of Cape Town.

Röhrs (S.), Smythe (D.), Hsieh (A.) & de Souza (M.) eds. IN SEARCH OF EQUALITY, women, law and society in Africa
252 pp., paperback, Cape Town, 2014. R320
A collection of essays on women's rights in seven African countries: South Africa, Namibia, Malawi, Uganda, Nigeria, Rwanda and Côte d’Ivoire.

Contributions include:
"Challenges in litigation on gender issues in Namibia" by Dianne Hubbard
"Gender Equality in Customary Marriages in South Africa" by Mikateko Joyce Maluleke
"Ending Impunity for Hate Crimes Against Black Lesbians in South Africa" by Wendy Isaak.
Sachs (A.) THE STRANGE ALCHEMY OF LIFE AND LAW,
306 pp., colour illus., hardback, d.w., Oxford, 2009. R220
Justice Albie Sachs writes about his 15 years as a member of the Constitutional Court, how his life has influenced his approach, and his views on the nature of justice and its achievement through law.

This book is shortlisted for the 2010 Alan Paton Award for non-fiction.
Sachs (A.) WE, THE PEOPLE, insights of an activist judge
349pp., paperback, Johannesburg, 2016. R350
A collection of essays, lectures and extracts on constitution-making and non-racialism by former judge Albie Sachs.

"Albie Sachs's book comes at a time when critical reflection and insightful analyses of South Africa's past, and its current challenges are most needed. The reflections in 'We, the People' are indicative not only of one man's commitment to democratic ideals, but also, symbolically, that of South Africa's people." Ahmed Kathrada, former political prisoner and politician

"Albie Sachs is at once activist and philosopher judge. In 'We, the People', Sachs lets us into his prying thoughts about the foundations and the construction of our constitutional project. He ponders the complex relationship between the people, their chosen government and the idealised outcomes the advent of democracy has promised." Dikgang Moseneke, former Deputy Chief Justice

Albert "Albie" Louis Sachs (b. 1935) is a former judge on the Constitutional Court of South Africa. He practiced as an advocate at the Cape Bar, defending people charged under racial statutes and security laws. After being arrested and placed in solitary confinement for over five months, Albie Sachs went into exile in England, and later Mozambique. In 1988, in Maputo, he lost an arm and his sight in one eye when a bomb placed in his car exploded. He returned to South Africa in 1990, served as a member of the Constitutional Committee and the National Executive of the African National Congress, and was appointed to the Constitutional Court of South Africa by Nelson Mandela in 1994. He retired in 2009. In 1991, Sachs won the Alan Paton Award for his book, "Soft Vengeance of a Freedom Fighter". He is also the author of "Justice in South Africa" (1974), "The Jail Diary of Albie Sachs" (1966), "Sexism and the Law" (1979), and "The Free Diary of Albie Sachs" (2004). His most recent book, The Strange Alchemy of Life and Law" (2009), also won the Alan Paton Award.
Sadleir (E.) & de Beer (T.) DON'T FILM YOURSELF HAVING SEX, and other legal advice for the age of social media
195 pp., paperback, Johannesburg, 2014. R230
Emma Sadleir and Tamsyn de Beer run a social media law consultancy in Johannesburg. In this book they outline the laws and rules applicable to what can be said and done on social media, and discuss the legal, disciplinary and reputational risks people face online.
Smuts (F.) SOUTH AFRICAN LAW, what you should know
383 pp., paperback, Cape Town, 2013. R350
A guide to the South African legal system for the lay reader. François Smuts addresses day-to-day issues such as family law, rights in the workplace, neighbour disputes, contracts and court procedures.

François Smuts is an advocate of the Cape Bar.
Songca (R.) et al VULNERABLE CHILDREN IN SOUTH AFRICA, legal, social development and criminological aspects
320pp., paperback, Cape Town, 2016. R480
The authors decribe the causes and effects of vulnerability in childhood and analyse the legal, social development, criminological and penology issues that affect vulnerable children who are in conflict with the law. Written specifically for those who work with vulnerable children in the South African justice system. The authors include former police officers, criminologists, penologists, lawyers, and experts in the area of children's rights.
van Marle (K.) ed. SEX, GENDER, BECOMING, post-apartheid reflections
203 pp., paperback, Pretoria, 2006. R190
Reflections on "change and transformation and how these changes and transformations affect our sexed and gendered lives".

Contributions include "Technology and Transsexuality: secret alliances" by Amanda du Preez,
"Exhibiting the Explusion of Transgression" by Rory du Plessis,
"Agency amidst Adversity: poverty and women's reproductive lives" by Kammila Naidoo,
"Domestic Violence in South Africa: a restorative justice response" by Jean Triegaardt and Mike Batley, and more.
van Wyk (A.) WIE IS REG?, tien jaar se regspunte
320 pp., paperback, Cape Town, 2012. R200
A selection of Andreas van Wyk's columns on interesting local and international lawsuits. Professor van Wyk's "Regspunte" columns have been published in Die Burger and in "Sake24".

Text in Afrikaans.

Andreas van Wyk was attached to the Law Faculty of Stellenbosch University from 1978 to 1984, and again from 1987 to 1991, when he was appointed Vice-Rector. In 1993 he took over as Rector and Vice Chancellor, a post he held until his retirement in 2001.


Venter (F.) FUNDAMENTAL RIGHTS IN SOUTH AFRICA, a brief introduction
79pp., paperback, Cape Town, 2015. R155
An introduction to the Bill of Rights and to the law relating to fundamental rights in South Africa.

Francois Venter is Professor and Research Associate in the Faculty of Law, Potchefstroom Campus, North-West University. He was a technical advisor in the constitution-making process in South Africa.
Viljoen (F.) & Precious (S.) eds. HUMAN RIGHTS UNDER THREAT, four perspectives on HIV, AIDS and the law in southern Africa
195 pp., paperback, Pretoria, 2007. R220
In 2006 the Centre for Human Rights at the University of Pretoria began a research project on issues related to HIV, AIDS, law and human rights. Four researchers, hosted by four different research institutions in southern Africa, were selected to prepare research papers, which are published here:
"Pandora's Box: the crimilisation of HIV transmission or exposure in SADC countries" by Patrick M.Eba,
"Routine HIV Testing of Individuals Attending Public Health Facilities: are SADC countries ready?" by Nyasha C.Chingore,
"The Human Rights and Public Health Implications of Restricting Prisoners' Access to HIV Prevention and Treatment in SADC Countries" by Babafemi Odunsi, and
"The Realsiation of Access to HIV and AIDS-related Medicines in Southern African Countries: possibilities and actual realisation of international law obligations" by Dorothy Mushayavanhu.
Wiese (T.) CORPORATE GOVERNANCE IN SOUTH AFRICA, with international comparisons
238pp., paperback, Cape Town, 2014. R408
Wiese addresses the changes in corporate governance in South Africa brought about by the Companies Act 71 of 2008 and the King Report on Governance for South Africa (King III).

Tobie Wiese, an attorney, notary and conveyancer, worked as a corporate legal adviser and in a company secretarial capacity for a multi-national retail company.
Woolman (S.) THE SELFLESS CONSTITUTION, experimentalism and flourishing as foundations of South Africa's basic law
632 pp., paperback, Cape Town, 2013. R455
"Stu Woolman has penned a tour de force in interdisciplinary legal thought. Drawing on fresh neuroscientific evidence on the nature of consciousness and recent empirical contributions in behavioural psychology, social capital theory and development economics, as well as his own encyclopaedic knowledge of the constitutional issues raised and decisions rendered during the last twenty years, Woolman builds an innovative theory of experimental constitutionalism keyed to local conditions (the post-apartheid Constitution’s normative commitments to dignity, equality and liberty) and thus married to a politics of flourishing. The result is a provocative description of what the Constitutional Court has and hasn’t done. It’s also a call for the Court (and South Africa as a whole) to do even more to enable this still new nation to realize the egalitarian pluralist order to which its Constitution aspires. Woolman’s blueprint for this egalitarian pluralist order is framed as an invitation to readers to reflect, to dispute, and to contribute to the creation of a body of law that should be, as he passionately urges, open, participatory and humane."
Professor Stephen Ellmann, Director of Clinical and Experiential Learning, New York Law School

"The Selfless Constitution delivers something exceptionally rare in South African legal literature: an intellectually ambitious book that fuses insights from fields outside the law with a thorough and imaginative engagement with legal precedent. Woolman invites his readers to revisit ancient philosophical debates, while pondering modern scientific and sociological breakthroughs that offer insights on the true meaning of freedom. He explains why freedom ought to be re-conceptualized as flourishing, and how flourishing should inform how we structure our constitutional democracy. Woolman’s multidisciplinary approach and novel use of experimentalism in the South African context challenges, enhances and reshapes our traditional understandings of constitutional doctrine and paves a new path for legal and democratic theory. Woolman thereby makes a significant South African contribution to the burgeoning discipline of comparative constitutionalism and the still nascent field of experimental governance." Michael Bishop, University of Cape Town; Counsel, Legal Resources Centre; Advocate, Cape High Court

"Stu Woolman is one of the leading constitutional law scholars in South Africa for a reason. His Selfless Constitution – a philosophical and a legal tour de force – bestows upon us an utterly original way to think about constitutional jurisprudence in South Africa. In so doing, the book underwrites more general and imaginative insights into contemporary currents in interdisciplinary legal thought, sociology of law, philosophy, and political theory."
Professor Drucilla Cornell, Jurisprudence, Feminist Theory and Political Science, Rutgers University

"Stu Woolman’s book manages to advance a truly unique view of South African constitutional jurisprudence that remains universal in both its foundation and application. The ability to connect what we know about the human condition, philosophically and empirically, with South Africa’s early engagement with constitutional democracy, places this work in a league of its own. The reader is provoked by its many challenges, and rewarded by its still greater accomplishments." Professor David Zeffertt, University of the Witwatersrand

Stu Woolman is Elizabeth Bradley Chair of Ethics, Governance and Sustainable Development at the University of the Witwatersrand. He is Academic Director of the South African Institute for Advanced Constitutional, Public, Human Rights & International Law and Managing Editor of the "Constitutional Court Review." He is editor-in-chief and primary author of the four volume "Constitutional Law of South Africa". His other publications include "The Constitution in the Classroom: law and education in South Africa, 1994-2008", "The Business of Sustainable Development in Africa", "Constitutional Conversations" and "The Dignity Jurisprudence of the Constitutional Court of South Africa".
Woolman (S.) & Bishop (M.) eds. CONSTITUTIONAL CONVERSATIONS,
347 pp., paperback, CD-Rom, Pretoria, 2008. R300
A collection of nine colloquies from the Constitutional Law of South Africa Public Lecture Series held at the Women's Jail on Constitution Hill in 2007.

Foreword by Chief Justice Pius Langa.
Contributors include Albie Sacks, Kate O'Regan, Laurie Ackermann, Sandra Liebenberg, Stu Woolman, Michael Bishop and Theunis Roux.

Includes a CD-Rom with extracts and chapters from "Constitutional Law in South Africa", edited by Stu Woolman, Theunis Roux and Michael Bishop.
[Boulle (L.), Laryea (E.) & Sucker (F.) eds.] INTERNATIONAL ECONOMIC LAW AND AFRICAN DEVELOPMENT,
226 pp., paperback, Cape Town, 2014. R350
A collection of reworked and updated papers presented at the African International Economic Law Netword (AfIELN) COnference, held in 2013 at the University of the Witwatersrand, Johannesburg. The contributors discuss "international perspectives on African law and economic development in the light of broader globalisation impertatives." from the back cover

Laurence Boulle is Professor of Law at the Thomas More Law School, ACU, Sydney, and Adjunct Professor at Bond University, Queensland, Australia, and at the University of the Witwatersrand.
Emmanuel Laryea is a senior lecturer at the Faculty of Law, Monash University, Australia, and Fellow of the Tim Fischer Centre for Global Trade and FInance, Bond University, Australia.
Franziska Sucker is a senior lecturer at the University of the Witwatersrand School of Law.