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Author : South Africa. Parliament
Publisher :
ISBN 13 :
Total Pages : 58 pages
Book Rating : 4.:/5 (4 download)
Download or read book Abolition of Racially Based Land Measures Bill (as Introduced) written by South Africa. Parliament and published by . This book was released on 1991 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : South Africa
Publisher :
ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.:/5 (89 download)
Download or read book Abolition of Racially Based Land Measures Act No. 108 of 1991 written by South Africa and published by . This book was released on 1992 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Bernadette Atuahene
Publisher : OUP Oxford
ISBN 13 : 0191024058
Total Pages : 241 pages
Book Rating : 4.1/5 (91 download)
Download or read book We Want What's Ours written by Bernadette Atuahene and published by OUP Oxford. This book was released on 2014-06-26 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Millions of people all over the world have been displaced from their homes and property. Dispossessed individuals and communities often lose more than the physical structures they live in and their material belongings, they are also denied their dignity. These are dignity takings, and land dispossessions occurring in South Africa during colonialism and apartheid are quintessential examples. There have been numerous examples of dignity takings throughout the world, but South Africa stands apart because of its unique remedial efforts. The nation has attempted to move beyond the more common step of providing reparations (compensation for physical losses) to instead facilitating dignity restoration, which is a comprehensive remedy that seeks to restore property while also confronting the underlying dehumanization, infantilization, and political exclusion that enabled the injustice. Dignity restoration is the fusion of reparations with restorative justice. In We Want Whats Ours, Bernadette Atuahenes detailed research and interviews with over one hundred and fifty South Africans who participated in the nations land restitution program provide a snapshot of South Africas successes and failures in achieving dignity restoration. We Want What's Ours is globally relevant because dignity takings have happened all around the world and throughout history: the Nazi confiscation of property from Jews during World War II; the Hutu taking of property from Tutsis during the Rwandan genocide; the widespread commandeering of native peoples property across the globe; and Saddam Husseins seizing of property from the Kurds and others in Iraq are but a few examples. When people are deprived of their property and dignity in years to come, the lessons learned in South Africa can help governments, policy makers, scholars, and international institutions make the transition from reparations to the more robust project of dignity restoration.
Author : Shane Moran
Publisher : Rowman & Littlefield
ISBN 13 : 1793628424
Total Pages : 383 pages
Book Rating : 4.7/5 (936 download)
Download or read book Resistance written by Shane Moran and published by Rowman & Littlefield. This book was released on 2021-04-19 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Resistance: Sol Plaatje and South Africa, Shane Moran studies Sol Plaatje, the founding secretary of what was to become the African National Congress (ANC), and his work within the context of colonial politics and resistance. Arguing for a return to the study of one of the founders of anti-racism, Moran explores issues of land reform, human rights, and the legacy of colonialism. Through an in-depth analysis of Plaatje’s resistance to racial domination, Moran examines the nature of the struggles that continue within and beyond South Africa today. In particular, Moran analyzes events from the beginning of the previous century that shaped post-1994 South Africa, such as the resolution of the ANC to expropriate land without compensation.
Author : Paul Jackson
Publisher : Routledge
ISBN 13 : 0429772653
Total Pages : 360 pages
Book Rating : 4.4/5 (297 download)
Download or read book The Reform of Property Law written by Paul Jackson and published by Routledge. This book was released on 2019-01-15 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1997, this volume constitutes a collection of new papers by more than 20 United Kingdom and International experts on general and specific issues relating to the reform of all aspects of property law. Topics covered include the language of property law and the dangers of reform, the role of the Law Commission and the workings of Parliamentary procedures, registration of title to land, landlord and tenant, land pollution, mortgages, sale of goods, the Hague Convention on trusts, together with general comparative papers and papers dealing with specific issues of property law reform affecting Hong Kong, Ireland, Scotland and South Africa. The volume arises out of the successful conference 'The Reform of Property Law' hosted by the Centre for Property Law at The University of Reading in 1996.
Author : Hanri Mostert
Publisher : Springer Science & Business Media
ISBN 13 : 9783540430063
Total Pages : 676 pages
Book Rating : 4.4/5 (3 download)
Download or read book The Constitutional Protection and Regulation of Property and Its Influence on the Reform of Private Law and Landownership in South Africa and Germany written by Hanri Mostert and published by Springer Science & Business Media. This book was released on 2002 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: One: Research Question, Terminology and Methodology.- 1: Introduction.- 1. An Introduction to the Basic Problems.- 2. Objectives of Research.- 2.1. Motivation.- 2.2. Legal Comparison.- 2.3. Delimitation.- 3. Practical Significance of Research.- 4. Inquiry Outline.- 2: Terminology.- 1. Possible Terminological Difficulties.- 2. Ownership and Property.- 2.1. Ideological Concept.- 2.2. Legal Concept.- 2.2.1. Private Law Terminology.- 2.2.2. Terminology of the Constitution.- 2.2.3. Terminology of Reform.- 2.2.4. Polarisation of the Private Law Property and Constitutional Property.- 3. Public Interest, Common Weal and Public Purposes.- 3.1. Public Interest and Common Weal in the Constitutional Context.- 3.2. Public Interest, Public Purposes and the Property Clauses.- 3.2.1. Public Interest, Public Purposes and Expropriation.- 3.2.2. Public Interest, Public Purposes and Land Reform.- 4. The Relationship between Property and Public Interest.- 3: Legal Comparison and the Course of Inquiry.- 1. Legal Comparison as Method of Analysis.- 2. Comparative Analysis as Constitutional Directive.- 3. Possibilities for Legal Comparison.- 4. Similarities in the German and South African Property Orders.- 4.1. Bases of the Legal Systems and their Material Law.- 4.2. Corresponding Legal Problems.- 4.3. Comparable Legal Methods.- 4.4. Constitutional Principles.- 5. Differences between the German and South African Systems of Property Law.- 5.1. Drafting Circumstances.- 5.2. Wording of South African and German Property Clauses.- 6. Course of Inquiry.- Two: Background to the Constitutional Protection of Property in Germany and South Africa.- 4: The Drafting Histories of the South African and German Constitutional Property Clauses.- 1. Relevance of an Historical Inquiry.- 2. Germany: Development of Property Protection Under a Constitution.- 2.1. Historical Background of article 14 GG.- 2.1.1. First Attempts at Constitutional Protection of Property.- 2.1.2. Property Protection in the Weimar Republic and Under National-Socialism.- 2.1.3. Circumstances Influencing the Drafting of article 14 GG.- 2.1.4. Constitutional Property Protection in a Reunified Germany.- 2.2. Relevance of article 14 GG for the German Property Order.- 3. South Africa: Negotiating a Constitutional Property Clause.- 3.1. Historical Background to the Property Clauses.- 3.1.1. The Inclusion of a Property Guarantee in the Constitution.- 3.1.2. Compromises Incorporated in Section 28 IC and Section 25 FC.- 3.1.3 Certification of Section 25 FC.- 3.2. Relevance of the Constitutional Property Clauses for the South African Property Order.- 4. Constitutionalism and Socio-economic Needs.- 5: Structure of the Constitutional Protection and Regulation of Property in Germany and South Africa.- 1. External Aspects of the Constitutional Property Clauses.- 2. "Positive" and "Negative" Guarantees.- 2.1. The German Property Guarantee.- 2.2 The South African Property Guarantees.- 2.2.1. Section 28 IC.- 2.2.2. Section 25 FC.- 2.3. Legal-comparative Evaluation.- 3. Basic Structure of an Inquiry into the Constitutional Property Clause.- 3.1. Structure of Human Rights Litigation in General.- 3.2. Substantive Issues Relating to the Property Clause.- 3.2.1. Claims Arising from the Constitutional Property Clause.- 3.2.1.1. The Claim to Have Property.- 3.2.1.2. Eligibility to Hold Property.- 3.2.1.3. Insulation of Private Property from State Interference.- 3.2.1.4. Immunity against Uncompensated Expropriation.- 3.2.2. Stages of Inquiries Based on the Constitutional Property Clause.- 3.2.2.1. Inquiries into the Constitutional Validity of an Interference with Property.- 3.2.2.1.1. "Threshold Question".- 3.2.2.1.2. Infringement Question.- 3.2.2.1.3. Justifiability.- 3.2.2.2. Inquiries Regarding the Payment of Compensation.- 3.2.3. Summary: Object of Protection and Nature of Limitation.- 3.3. The Structure of the Judicial System and its Relevance for a Constitutional Property Inquiry.- 3.3.1. The South African Judicia...
Author : Olagunju Success Taiwo
Publisher : Olagunju Success Taiwo
ISBN 13 : 0620834676
Total Pages : pages
Book Rating : 4.6/5 (28 download)
Download or read book The CHANGE Series written by Olagunju Success Taiwo and published by Olagunju Success Taiwo. This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The CHANGE Series is the concluding part of my first book (Making the CHANGE Evident) that detailed everything that has to do with the subject CHANGE. The first book is introductory and the CHANGE Series is where to put the whole thing to bed!
Author : Mirjam Van Donk
Publisher : Juta and Company Ltd
ISBN 13 : 9781919895048
Total Pages : 588 pages
Book Rating : 4.8/5 (95 download)
Download or read book Consolidating Developmental Local Government written by Mirjam Van Donk and published by Juta and Company Ltd. This book was released on 2008 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Documents the dynamics of local government transformation and captures the key themes of the debates about policy options, lessons and key strategic decisions. This text is suitable for government officials, students, researchers, specialists, community leaders, businesses and the general reader.
Author : Brett Bennett
Publisher : ANU Press
ISBN 13 : 1925022846
Total Pages : 289 pages
Book Rating : 4.9/5 (25 download)
Download or read book Forestry and Water Conservation in South Africa written by Brett Bennett and published by ANU Press. This book was released on 2015-11-11 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative interdisciplinary study focuses on the history, science, and policy of tree planting and water conservation in South Africa. South Africa’s forestry sector has sat—often controversially—at the crossroads of policy and scientific debates regarding water conservation, economic development, and biodiversity protection. Bennett and Kruger show how debates about the hydrological impact of exotic tree planting in South Africa shaped the development of modern scientific ideas and state policies relating to timber plantations, water conservation, invasive species control, and biodiversity management within South Africa as well as elsewhere in the world. Forestry and Water Conservation in South Africa shows how scientific research on the impact of exotic and native vegetation led to the development of a comprehensive national policy for conserving water, producing timber, and protecting indigenous species from invasive alien plants. Policies and laws relating to forests and water began to change in the late 1980s and early 1990s as a result of political and administrative changes within South Africa. This book suggests that the country’s contemporary policies towards timber plantations, guided by the National Water Act of 1998, need to be reconsidered in light of the authors’ findings. Bennett and Kruger also call for more interdisciplinary research and greater emphasis on integrated policies and management plans for forestry, invasive alien plants, water conservation, and biodiversity preservation.
Author : Reinhard Zimmermann
Publisher : Oxford University Press
ISBN 13 : 9780198260875
Total Pages : 1218 pages
Book Rating : 4.2/5 (68 download)
Download or read book Southern Cross written by Reinhard Zimmermann and published by Oxford University Press. This book was released on 1996 with total page 1218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a history of some of the main institutions of South African private law and in so doing explores the process through which integration of the English common law and the continental civil law came about in that jurisdiction. Here is a book aimed at both European and South African audiences. For European lawyers it provides a stimulating insight into the way the process of harmonization of private law has occurred in South Africa and may occur within the European Union. By analysing the historical evolution of the most important institutions of the law of obligations and the law of property the book demonstrates how the two legal traditions have been accommodated within one system. The starting point for each essay is the "pure" Roman-Dutch law as it was transplanted to the Cape of Good Hope in the years following 1652 (and as it has been examined in considerable detail in another volume edited by Robert Feenstra and Reinhard Zimmerman, published in 1992). The analysis focuses on how the Roman-Dutch law has been preserved, changed, modified or replaced in the course of the nineteenth century when the Cape became a British colony; and on what happened after the creation of the union of South Africa in 1910. Each essay therefore attempts, in the field of law with which it is dealing, to answer questions such as: what was the level of interaction between the civil law and the common law? What were the mechanisms that brought about the particular form of competition, coexistence or fusion that exists in that area of law? Is the process complete or is it still continuing? Is it possible to observe the emergence, from these two routes, of a genuinely South African private law? How is the result to be evaluated? In establishing reception patterns at the level of specific areas of law, they go beyond generalization about the compatibility of the two traditions and present evidence of a possible symbiosis of English and Continental law. For South African readers the principal value of the book is that it offers essays by the most prominent South African private lawyers refelecting on the history of their subjects. It therefore constitutes the first stage in the writing of a history of substantive private law in South Africa. So far the focus has mainly been on the so called "external history" of South African law, and such texts as there are on the development of the institutions of private law are often in Afrikaans and mainly to be found in unpublished theses. Thus this book fulfils a real need for those teaching South African private law and legal history. Although the volume investigates a specific aspect of the making of modern South African law it is imperative not to lose sight of the fact that private law in that country, as every way else did not develop in a vacuum, but as part of a wider political and social prcess. For this reason the book opens with an essay which contextualizes the contributions that follow, giving a view of the "setting" in which the development of South Africa took place: colonial domination, cultural imperialism, and racial and nationalistic ideologies. Two further introductory essays pay specific attention to the impact of the procedural framework on the substantive private law and to the "architects" of the mixed system.
Author : Adeoye O. Akinola
Publisher : Springer
ISBN 13 : 3319787012
Total Pages : 188 pages
Book Rating : 4.3/5 (197 download)
Download or read book Trajectory of Land Reform in Post-Colonial African States written by Adeoye O. Akinola and published by Springer. This book was released on 2018-06-13 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an examination of post-colonial land reforms across various African states. One of the decisive contradictions of colonialism in Africa was the distortion of use, access to and ownership of land. Land related issues and the need for land reform have consistently occupied a unique position in public discourse in Africa. The post-colonial African states have had to embark on concerted efforts at redressing historical grounded land policies and addressing the growing needs of land by the poor. However, agitations for land continue, while evidence of policy gaps abound. In many cases, policy change in terms of land use, distribution and ownership has reinforced inequalities and affected power and social relations in respective post-colonial African countries. Land has assumed major causes of structural violence and impediments to human and rural development in Africa; hence the need for holistic assessment of land reforms in post-colonial African states. The central objective of the text is to identify post-independence and current trends in land reform and to address the grievances in relation to land use, ownership and distribution. The book suggests practicable policy options towards addressing the land hunger and conflict, which could derail the ‘moderate’ socio-economic achievements and political stability recorded by post-colonial African nation-states. The book draws its strength and uniqueness from its adoption of country-specific case studies, which places the book in context, and utilizes field studies methodology which generate new knowledge on the continental land question. Taking a holistic approach to understanding Africa’s land question, this book will be attractive to academicians and students interested in policy and development, African politics, post-colonial development and policy, and conflict studies as well as policy-makers working in relevant areas.
Author :
Publisher :
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.X/5 (2 download)
Download or read book Butterworths Survey of South African Law written by and published by . This book was released on 1994 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jessie Hohmann
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250980
Total Pages : 286 pages
Book Rating : 4.7/5 (822 download)
Download or read book The Right to Housing written by Jessie Hohmann and published by Bloomsbury Publishing. This book was released on 2013-03-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: A human right to housing represents the law's most direct and overt protection of housing and home. Unlike other human rights, through which the home incidentally receives protection and attention, the right to housing raises housing itself to the position of primary importance. However, the meaning, content, scope and even existence of a right to housing raise vexed questions. Drawing on insights from disciplines including law, anthropology, political theory, philosophy and geography, this book is both a contribution to the state of knowledge on the right to housing, and an entry into the broader human rights debate. It addresses profound questions on the role of human rights in belonging and citizenship, the formation of identity, the perpetuation of forms of social organisation and, ultimately, of the relationship between the individual and the state. The book addresses the legal, theoretical and conceptual issues, providing a deep analysis of the right to housing within and beyond human rights law. Structured in three parts, the book outlines the right to housing in international law and in key national legal systems; examines the most important concepts of housing: space, privacy and identity and, finally, looks at the potential of the right to alleviate human misery, marginalisation and deprivation. The book represents a major contribution to the scholarship on an under-studied and ill-defined right. In terms of content, it provides a much needed exploration of the right to housing. In approach it offers a new framework for argument within which the right to housing, as well as other under-theorised and contested rights, can be reconsidered, reconnecting human rights with the social conditions of their violation, and hence with the reasons for their existence. Shortlisted for The Peter Birks Prize for Outstanding Legal Scholarship 2013.
Author : Food and Agriculture Organization of the United Nations
Publisher : Food & Agriculture Org.
ISBN 13 : 9251322589
Total Pages : 56 pages
Book Rating : 4.2/5 (513 download)
Download or read book The role of law in the reduction of rural poverty written by Food and Agriculture Organization of the United Nations and published by Food & Agriculture Org.. This book was released on 2020-03-01 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considering the importance of legal frameworks in laying down governance and accountability frameworks, clarifying the responsibilities of relevant public and private entities and defining the long term and budgetary commitment of states, the capacity of countries to adopt and enforce laws in pertinent areas is crucial to reducing rural poverty. Countries have signed up to international and regional instruments that are of relevance to rural poverty and have adopted policies and legislation in these areas. However, a number of normative, institutional and operational challenges exist in different countries. These include regulatory gaps in some areas such as social security for agricultural workers; the existence of laws that sustain discriminatory practices, for example, in relation to inheritance of property; and inconsistencies in norms and institutional mandates in the area of natural resource governance. Even with relatively good laws, their practical implementation may be wanting due to limitations of capacity to implement them. These problems would require a range of measures on the part of state and non‐state actors, including the adoption or revision of laws as well as awareness‐raising and legal empowerment. This legal paper explores the significance of legislative frameworks to poverty reduction efforts, with a particular focus on human rights. It highlights sectoral areas for legislative intervention and identifies normative, procedural and institutional challenges that states encounter while implementing poverty reduction programmes. It further refers to examples from state practice and provides recommendations on how relevant actors can make use of legislation to address rural poverty.
Author : T. R. H. Davenport
Publisher : University of Toronto Press
ISBN 13 : 9780802080547
Total Pages : 220 pages
Book Rating : 4.0/5 (85 download)
Download or read book The Birth of a New South Africa written by T. R. H. Davenport and published by University of Toronto Press. This book was released on 1998-01-01 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Davenport describes the changes that took place leading to the end of apartheid, the process of reconciliation among the various elements of South African society, and discusses the country's peace-making and constitution-building efforts.
Author :
Publisher : Human Rights Watch
ISBN 13 : 9781564322630
Total Pages : 276 pages
Book Rating : 4.3/5 (226 download)
Download or read book Unequal Protection written by and published by Human Rights Watch. This book was released on 2001 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abuse by Farm Owners
Author : Graham P. von Maltitz
Publisher : Springer Nature
ISBN 13 : 3031109481
Total Pages : 990 pages
Book Rating : 4.0/5 (311 download)
Download or read book Sustainability of Southern African Ecosystems under Global Change written by Graham P. von Maltitz and published by Springer Nature. This book was released on with total page 990 pages. Available in PDF, EPUB and Kindle. Book excerpt:
