Introduction to law and legal skills in south africa. The book is intended for law students, legal practitioners and those engaged in the study and practice of foreign relations. The collection focuses on key theoretical and strategic questions concerning the relationship between law and systemic poverty. Perspectives from south africa and beyond is a collection of essays by leading south african and international experts, as well as emerging young scholars. By john dugard professor of international law department of public. Some notable divergences in the development of south african and namibian insolvency law 1 introduction it is a wellknown fact that the legal systems of south africa and namibia, or rather the former south west africa, were rather identical until the advent of independence of the latter on 21 march 1990. The company law regime in both countries has much in common. President of the nigerian maritime law association member of the executive council of the comite maritime international. The north african legal system is a codified legal regime which originated from french law. The board was established to promote multilingualism and develop the official south african languages, including south african sign language sasl and the khoe and san languages. Iod first edition foreword by louis nnamdi mbanefo s.
John dugard was appointed to the chair in public international law in 1998. In legal terms there is much that has come from the common anglo heritage. The south african legal system law is a social science. It is the most comprehensive, searchable collection of fulltext african electronic journals available on one platform. He is a judge ad hoc of the international court of justice, a member of the institute of international law, and an honorary member of the american society of international law. Employment relations management a south african perspective. Department of state, country report on human rights practices find specific report and do ctrlf for labor. A southern african perspective on fundamental criminology top results of your surfing a southern african perspective on fundamental criminology start download portable document format pdf and ebooks electronic books free online rating news 20162017 is books that can provide inspiration, insight, knowledge to the reader. The law relating to documentary credits from a south african. Pansalb is a constitutional body established in terms of the pansalb act act no 59 of 1995 as amended in 1999. This paper explores the challenges that hamper the capacity of labour laws to protect workers in the southern african region. A south african perspective samuel joseph lebese department of linguistics and modern languages, university of south africa unisa, south africa email.
Kaleidoscope international law and the south african constitution. Therefore, it is important that role players in the south african business environment counter the foreseeable impact of an economic revolution with an economic evolution. The modern history of documentary credits as reflected in the development of the ucp is discussed in chapter three. Emerging jurisprudence 281 south african journal of criminal justice 40 58.
With a unique focus on the south african experience, this is a comprehensive work on the rules and principles of international law and examines the ways in which they are applied within south africa. Mental health law in south africa has been dominated in recent times by the mental health care act 2002. Jurisdictional problems when suing for an infringement of privacy i will confine my discussion to situations where a south african sns user wants to sue another south african user. A south african perspective provides an introduction to the rules and principles of international law that takes account of both international and south african sources. The brand van zyl law library is named after the right honourable major gideon brand van zyl 18731956, governor general of the union of south africa. Most of the countries in africa can be classified as developing countries, and quite a few of them as least developed countries.
Owing to time constraints, the following issues will not be dealt with. Yet court decisions can only effectively be a source of law if they. Counsel for the parties were ad idem that there is a dearth of south african case law on the question of the social media. African perspective on international law home facebook.
As you may already be aware, south africas department of trade and industry has recently published the intellectual property policy of the republic of south africa phase 1 2018 i. The south african public procurement expenditure is the largest in the sadc common market and it has the most important economic influence in the region. The general features of the north african legal system are the written constitution as well as the codes and the special commandments civil code, corporations code, penal code, administrative code, commercial code which contain the fundamental. John dugard is a professor of international law at the university of leiden and a professor at the center for human rights at the university of pretoria. An introduction to legal issues in shipping from a west. A south african legal perspective 2012 129 salj 375. Our covid19 community guidelines tips, advice and news related to trading on gumtree during the covid19 crisis. View gumtree free online classified ads for the south african law of persons and more in south africa. Sabinet african journals reliable research that offers more than 500 african journals, including the african journal archive. This new economic evolution needs to reflect a balanced business leadership approach towards economic growth and economic development in their business modelling.
The law relating to documentary credits from a south. The south african street law programme is designed to teach law to learners from a variety of backgrounds, including law students, school learners, school educators, police and correctional services officers, security officers, trade unions, workers, womens organisations, childrens organisations, youth groups, ngos, cbos and people involved in training such persons and organisations. A southern african perspective on fundamental criminology. National language and terminology policies a south african perspective 601 many different languages are spoken within the same political and geographical areas. Pdf a fresh perspective on south african law relating to. Pdf on jan 1, 20, nicci whitearnel and others published a fresh perspective on south african law relating to the risks posed to employers when employees abuse the internet find, read and. Antterrorism law in south africa kent roach ed, comparative counterterrorism law cambridge university press 543 568. Crime aboriginality and the decolonisation of justice. It also examines the legal and policy responses adopted by southern african nations in response to these. Introduction to law and legal skills in south africa tracy. International law a south african perspective pdf dugards international law. This fourth edition considers both international and south african sources and provides an expanded focus on an array of topics, including secession, immunities of senior officials for. The placeof international law in south african municipal law 43 romandutch law 44 angloamerican law 46 south african law before 1994 47 1 customary international law 47 2 treaties and municipal courts 49. Kaleidoscope international law and the south african.
Introduction to law and legal skills introduces llb students in south africa to legal history and basic frameworks and concepts in a graduated, applied and engaging way. I believe that this document will be subject to critical analysis by other commentators in the coming weeksmonths. Ilo, profile of south africa employment protection legislation south africa laws and cases on lexis. Pete s and du plessis m jurisprudence a south african perspective 2001 butterworths.
A human rights perspective june 2, 2018 emmanuel oke as you may already be aware, south africas department of trade and industry has recently published the intellectual property policy of the republic of south africa phase 1 2018 i. Civil law and common law in south africa 1996 692699. The south african street law programme is designed to teach law to learners from a variety of backgrounds, including law students, school learners, school educators, police and correctional services officers, security officers, trade unions, workers, womens organisations, childrens organisations, youth groups, ngos, cbos and people involved in training such persons and. Find the south african law of persons in south africa. International law a south african perspective by john dugard, 1994. National language and terminology policies a south. An introduction to south african law reports and reporters, 1828 to 1910 jp van niekerk 1 background judicial decisions, as any first year law student knows, are one of the fundamental sources of our law. Although the tender board of namibia act was not based on the model law, many of the objectives of the model law can be recognised therein. An introduction to the north african legal system africlaw. This chapter traces the two major trends in thinking about africa s engagement with international law from a historical perspective. The application of african law in a free and liberated environment must reflect its own social, political and legal cosmology in which its institutions operate within their own indigenous frame of reference. S v mambolo etv and others intervening 2001 3 sa 409 cc at paragraph 37 islamic unity convention v. John dugard, professor of international law, department of. A fronting practice is defined in the broadbased black economic empowerment act 53 of 2003 as amended the bbbee act or the act as.
Knowledge of theory and concept is reinforced through applied. The south african law of persons in south africa gumtree. Constitution of the republic of south africa south african. On 29th april 1st may 2014 the unified common law grand jury of southern africa convenes a peoples court of record inc. Reviewed by muna ndulo the book, international law a south african perspective, provides an introduction to the rules and principles of international law. It is not to be quoted without prior permission of the author. Roman rousseau savigny social society south african law south african legal. Jan 18, 2006 international and south african sources of law are invoked to provide both a picture of international law and a study of international law as applied in south african municipal law. United nations audiovisual library of international law. Jurisprudence is a selfstanding semester course in the penultimate year of the llb degree. Chapter constitutional issues surrounding the law of. International and south african sources of law are invoked to provide both a picture of international law and a study of international law as applied in south african municipal law. The legal nature of the ucp is analysed from a civilian, commonlaw and south african perspective in chapter four.
With respect, as seen from a south african perspective, it is submitted that the supreme court of appeal reached the correct decision in the gallo case and this is the current state of south african law, unless, and until, the supreme court of appeal itself. Diversion in the south african criminal justice system. Australia and south africa share more than sporting rivalry. Africa and the history of international law by james thuo. Musgrave and others published african customary law in south africa. Pdf on jan 1, 20, nicci whitearnel and others published a fresh perspective on south african law relating to the risks posed to employers when employees abuse the. See, south african national defence union v minister of defence and another 1999 4 sa 469 cc at paragraph 7. The core focus of this text is its innovative educational and learningdeveloped approach, which helps teach students how to think as lawyers.
This paper, with its abbreviated references, is circulated for discussion purposes only. The ucp is a set of rules formulated by the international chamber of commerce. The legal nature of the ucp is analysed from a civilian, common law and south african perspective in chapter four. We want to use an african eye to see and judge the world.
National treasury archives insights into the law in. Kaleidoscope international law and the south african constitution john dugard for over forty years, from 1948 to 1990, south africa was in conflict with both the international community and international law. In this chapter, the effect of section 34 on the validity of exclusionary clauses or indemnity. An introduction to legal issues in shipping from a west african perspective by jean chiazor anishere notary public ll. Legal find laws by country or region foreign law and legal services south africa u.