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Select Essays on Governance and Accountability Issues in Public Law
0The essays in this book, authored by academics from the Faculties of Law at the University of Johannesburg and Nelson Mandela University respectively, emanate from a joint research project and conference arranged by the Faculties in 2018. The essays focus on public law issues impacting on governance and accountability in South African law and in international and regional law, but with a specific focus on problems afflicting the African continent.
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The Humanist Imperative in South Africa
0This book is an outcome of the conversation that occurred during the five days of intense discussion at two symposia initiated by the New Humanism Project.
The struggle for a more humane society is both local and universal, and increasingly these are connected in our time. So while the conversation focused specifically on South Africa, the discussion was neither parochial nor insular in its scope and character. Hopefully, then, people beyond South Africa will find the contents of this book of value for them in terms of their own contexts.
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The Law of Inheritance & Administration of Deceased Estates in Malawi
0This book discusses the law of inheritance and administration of deceased estates in Malawi. Its coverage includes basic concepts underlying inheritance; history of law of inheritance in Malawi; Will-making and testate inheritance; intestate inheritance; pension and inheritance of pension benefits and life insurance policies; other forms of inheritance like promissory estoppel, donationes mortis causa, rule in Strong v Bird and mutual Wills; estate duty; grants and personal representatives; and administration of deceased estates. Key statutes discussed include Constitution of Malawi, Deceased Estates (Wills, Inheritance and Protection) Act, Pensions Act, Estate Duty Act and Trustees Act. The book is designed as a reference for judicial officers, legal practitioners, public officers and administrators of deceased estates, law students, policy and legislative makers, pension fund managers, civil society activists (particularly on children and womenOs rights) and interested academics.
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The Law of Inheritance & Administration of Deceased Estates in Malawi
0This book discusses the law of inheritance and administration of deceased estates in Malawi. Its coverage includes basic concepts underlying inheritance; history of law of inheritance in Malawi; Will-making and testate inheritance; intestate inheritance; pension and inheritance of pension benefits and life insurance policies; other forms of inheritance like promissory estoppel, donationes mortis causa, rule in Strong v Bird and mutual Wills; estate duty; grants and personal representatives; and administration of deceased estates. Key statutes discussed include Constitution of Malawi, Deceased Estates (Wills, Inheritance and Protection) Act, Pensions Act, Estate Duty Act and Trustees Act. The book is designed as a reference for judicial officers, legal practitioners, public officers and administrators of deceased estates, law students, policy and legislative makers, pension fund managers, civil society activists (particularly on children and women’s rights) and interested academics.
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The Road to Justice: The Bible and the law as cornerstones of civilisation and culture
0The relationship between art, Christian culture and the law often receives attention. It is trite that law influences all human lives as well as culture and art. The law, however, does not only provide a context within which art and culture can develop, but it is also the cornerstone of civilisation and culture. On the other hand, we must contemplate whether civilisation and culture are necessary conditions for a legal system. This book consists of a compilation of essays narrating the influence of principles from the Bible on which the Christian belief is premised and practised by Christians worldwide on law and on culture. Consideration is given to the foundation of the law on different and well-known Biblical texts. The interplay between Christian principles vis–vis the law and culture is considered and unpacked in this research. In addition, copies of well-known art depicting scenes from the Bible enhance each chapter. The main author, the late Prof. Eltjo Schrage, passed away shortly before the book was published with the assistance of Prof. Jan Adriaan van der Walt, Dr Glynis van der Walt and Dr Hashali Hamukuaya.
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Twelve members’ court battle with the Dutch Reformed Church
0At the beginning of 2017, the Obacklash cycleO was in full swing in church denominations in South Africa as far as embracing sexual diversity was concerned. In 2015 a momentous decision by the General Synod of the Dutch Reformed Church (DRC) embracing inclusivity in allowing LGBTIQA+ ministers to not be celibate and its ministers to officiate same-sex marriages, surprised friend and foe. But this was reversed a year later in an Extraordinary General Synod of the church. The disappointing outcome of the De Lange v Methodist Church of Southern Africa case had just been handed down by the Constitutional Court, and the Anglican ChurchOs stalling on fully affirming sexual diversity, continued.E
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Universality of the Rule of Law
0The book is the result of a recent but intensive cooperation between the faculties of law of the universities of Ljubljana and Johannesburg. As is often the case in life, the starting point of this project was a friendship. A friendship between two law professors who, at the same point in time, became deans of their respective law schools Prof Letlhokwa Mpedi (now Deputy Vice-Chancellor: Academic (UJ)) in Johannesburg and Prof Grega Strban in Ljubljana. They decided to connect their institutions in a formal way by establishing a cooperation that would outlive their mandates as deans and provide a professional platform for legal scholars of both universities to get first-hand insight into a very different legal system, thus widening their legal horizons and inspiring a different view and new solutions for their own national law. This noble endeavour has so far been a great success. What might have seemed an unlikely alliance proved to be an extremely valuable and inspiring experience both on a professional and personal level.E
The idea of this book was born after a joint conference held in Johannesburg in 2019. Here, experts from both institutions presented current relevant issues in different legal areas and discussed how both countries dealt with them. After insightful debates, it was decided that they should, on the one hand, be written down, and, on the other hand, that the written texts should not only reflect those debates but should broaden and deepen the research. It should not merely be a collection of conference papers, but a true scientific monograph, destined to legal scholars and practitioners, researching, teaching and practicing in national and international environments.E
Jerca Kramberger _kerl, Associate Professor, Faculty of Law, University of LjubljanaE
Elmarie Susan Fourie, Associate Professor, Faculty of Law, University of Johannesburg
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Universality of the Rule of Law
0The book is the result of a recent but intensive cooperation between the faculties of law of the universities of Ljubljana and Johannesburg. As is often the case in life, the starting point of this project was a friendship. A friendship between two law professors who, at the same point in time, became deans of their respective law schools – Prof Letlhokwa Mpedi (now Deputy Vice-Chancellor: Academic (UJ) in Johannesburg and Prof Grega Strban in Ljubljana.) They decided to connect their institutions in a formal way by establishing a cooperation that would outlive their mandates as deans and provide a professional platform for legal scholars of both universities to get first-hand insight into a very different legal system, thus widening their legal horizons and inspiring a different view and new solutions for their own national law. This noble endeavour has so far been a great success. What might have seemed an unlikely alliance proved to be an extremely valuable and inspiring experience both on a professional and personal level.
The idea of this book was born after a joint conference held in Johannesburg in 2019. Here, experts from both institutions presented current relevant issues in different legal areas and discussed how both countries dealt with them. After insightful debates, it was decided that they should, on the one hand, be written down, and, on the other hand, that the written texts should not only reflect those debates but should broaden and deepen the research. It should not merely be a collection of conference papers, but a true scientific monograph, destined to legal scholars and practitioners, researching, teaching and practicing in national and international environments.
Jerca Kramberger Škerl, Associate Professor, Faculty of Law, University of Ljubljana
Elmarie Susan Fourie, Associate Professor, Faculty of Law, University of Johannesburg
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