Conference - Faculty of Law - Nelson Mandela Metropolitan University

THE SOCIETY
OF LAW TEACHERS OF
SOUTHERN AFRICA
Conference 20
Programme 12
10-13 July
This programme was sponsored by
Juta and Company
DAY 1 | Tuesday, 10 July 2012
08:00 - 09:00
Registration (Building 123 00 02)
09:00 - 10:00
Official Opening: Prof Derrick Swartz, Vice - Chancellor: Nelson Mandela Metropolitan University
10:00 -10:30
Tea (SLTSA Council Meeting in Moot Court)
CRIMINAL &
PROCEDURAL
LAW
BANKING & FINANCE
LAW
(Prof Vivienne
(Prof Deon Erasmus) Lawack-Davids)
11:00 -11:25
11:25-11:50
CUSTOMARY
CONSTITUTIONAL
& ADMINISTRATIVE LAW
LAW
(Prof Elmarie
(Dr Rosaan Kruger) Knoetze)
123 00 02
35 00 05
35 00 27
35 00 04
Dane Ally
Prof Michelle KellyLouw
Paul Hoffman
Actor Katurura
Jacques Mathee
The public interest
in crime control
assessment under the
South African
exclusionary rule
The Hlope Inquiry
Should all individuals
Papers
standing surety for the
debts of another have the
protection of the National
Credit Act 34 of 2005?
A comparative
analysis of customary
law of succession
reform legislation
in South Africa and
Zimbabwe
Protection of cultural
heritage products
to promote cultural
tourism in South
Africa
Kanagie Naidoo
Prof Natania Locke
Prof G Devenish
Prof Laurence
Juma
Raashi Singh
Cutting the apron
strings - a comparison
between the two
manifestations of
decolonisation in
the South African
constitutional
experience
Chieftaincy
succession & gender
equality in the
Kingdom of Lesotho:
Discordant offerings
of constitutional
customary law
“E-defamation”: A
new name for an old
wrong? Thoughts on
the application of the
actio iniuriarum in
the 21st century
Douglas Mailula
Zamokuhle Mopai
Chauke
Prof Dana van der
Merwe
Recent developments in
The impact of
courtroom demeanour the regulation of Credit
Rating Agencies
& non-verbal
communication on the
verdict
Irene Portela
Neil Stuart Comte
Revisiting the reversal
The corruption in
Portugal: Self-serving/ of fraudulent electronic
credit tranfers: Lombard
public serving
Insurance Company Ltd
v Firstrand Bank Ltd and
others. 2011 JDR 1314
(CSJ)
(Prof Frans Marx)
123 00 07
(First-time presenter)
11:50-12:15
GENERAL
LAW
An analysis of the
legal framework for
national executive
intervention
in provincial
administrations
(First-time presenter)
Community engaged Cloud computing
teaching of customary
law & indigenous law
as an empowement
tool for women and
men in rural based
universities
DAY 1 | Tuesday, 10 July 2012
12:15-12:40
12:40-13:05
BANKING &
CRIMINAL &
PROCEDURAL LAW FINANCE LAW
CONSTITUTIONAL &
ADMINISTRATIVE LAW
CUSTOMARY
LAW
GENERAL
LAW
(Prof Deon Erasmus)) (Prof Vivienne LawackDavids)
123 00 02
123 00 07
(Dr Rosaan Kruger)
(Prof Frans Marx)
35 00 05
(Prof Elmarie
Knoetze)
35 00 27
Michael
Shackleton
Bonolo
Dinokopila
Jan-Louis
Serfontein
Contemporary
challenges to the
application of
customary law in
Botswana
What is wrong
with unjustified
enrichment law in
South Africa?
Annette
van der Merwe
Phepisi
Senoamadi
Sentencing law &
practice in southern
Africa: a comparative
perspective on
minimum sentencing
legislation and child
rape
Absa(lutely) lucky: A critical Judicial control of
appraisal of Columbus Joint presidential pardons
Venture v Absa Bank Ltd (2)
SA 491 (W), with specific
reference to s21 of the
Financial Intelligence
Centre Act 38 of 2011
Oscar Patrick
Matsemela &
Hilda Tivana
Shaun
Kruger
Prof Richard
Mqeke
James Faber
The recognition of
victim’s interest in
parole matters:
A South African
experience
Guaranteeing the
political independence of
investigative bodies:
An analysis of Hugh
Glenister v President of the
Republic of South Africa
and others - CCT48/10
Recognition
of Customary
Marriages Act in
need of urgent
review
The condonation
of formally
defective “wills”
- an international
perspective
13:05-14:05
14:05-14:30
35 00 04
LUNCH
Nqobizwe Mvelo Camilla
Pickles
Ngema
Prof Dawie
de Villiers
Howard
Chitimira
Siyambonga
Heleba
Warrantless arrest
discretion & the
Constitution, 1996
- Can we expect
consistency of our
police when our
judges disagree?
An analysis of the general
enforcement approaches to
combat market abuse
The constituational duty to Should lobola be
abolished?
consult: A critical
Which way for
evaluation
South Africa?
Proving the
significance of the
born-alive rule
with reference to
the contextual
realities of foetal
viability
DAY 1 | Tuesday, 10 July 2012
CRIMINAL &
PROCEDURAL LAW
BANKING &
FINANCE LAW
(Prof Deon Erasmus)) (Prof Vivienne
Lawack-Davids)
14:30-14:55
CUSTOMARY
LAW
GENERAL
LAW
(Dr Rosaan Kruger)
(Prof Elmarie
Knoetze)
(Prof Frans Marx)
CONSTITUTIONAL
& ADMINISTRATIVE
LAW
123 00 07
123 00 02
35 00 05
35 00 27
35 00 04
Prof Charnelle van
der Bijl & Dr Nina
Mollema
Nicholas Matloga
Ithumeleng Chidi
Contilia Hlamalani
Baloyi & Lawrence
Segoane Mannye
Judy Parker
(First-time presenter)
(First-time presenter)
Examining atrocity
crimes and hate crimes
from a domestic and
international criminal
law perspective
14:55-15:20 Tersia
Oosthuizen
Graffitti as a crime in
South Africa
Time-barring and
prescriptions of
pension funds
complaints under the
South African Pension
Funds Act: A critical
legal analysis
Nationalism of mines
in South Africa: A
process which will
cripple the economy
Decline in the
registration of
customary marriages:
Will lobolo be
accounted for?
Dr Rosaan Kruger
The Constitution, the
president the advocate
and the silk gown
15:20-15:40
TEA
15:40-16:05
Nomthandazo
Ntlama
The Chief Justice is
ready for discharge...
tip-toeing back to the
office?
16:05-16:30
Helena van Coller
Gay clergy: The Court
versus the Church. Who
should compromise?
16:30-16:55
18:30-18:30
Lexis-Nexis Braai: Pine Lodge (map attached)
The Land Tenure
Security Bill 2010
compared and contrasted
with its predecessors,
The Land Reform (Labour
Tenants) Act 3 of 1996 and
The Extensions of Security
of Tenure Act 62 of 1997
(Juta)
Getting published:
A presentation by Juta Law
35 00 22
Bradley Smith
A consideration of
recent case law pertaining
to the institution of the
dependent’s action in
the context of heterosexual
life partnerships
Newsflash
NEWS
FLASH
ABOUT THIS PUBLICATION
Soft cover • 490 pages
Law and 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. The collection focuses on key 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
the Stellenbosch Law Faculty, which took place from 29 to 31 May 2011. The range
and richness of the essays illuminate the multifaceted nature and causes of poverty,
as well as the possibility and limits of law in responding to the social injustice which
poverty represents. By engaging with these questions, the book aims to deepen critical
reflection and debate on law’s ability to respond effectively to social and economic
marginalisation.
CONTENTS
• Notes on Contributors
• Table of Cases
• Introduction - Sandra Liebenberg & Geo Quinot
• The Role of the Constitution in the Struggle against Poverty - Pius N Langa
• Social Exclusion, Global Poverty, and Scales of (In)Justice: Rethinking Law
and Poverty in a Globalizing World - Nancy Fraser
• The Legal Construction of Poverty: Gender, “Work” and the “Social Contract”
- Lucy A Williams
• Not Purpose-made! Transformative Constitutionalism, Postindependence
Constitutionalism and the Struggle to Eradicate Poverty - Sanele Sibanda
• De-Politicising Poverty: Arendt in South Africa - Emilios Christodoulidis
• Representing the Poor: Law, Poverty and Democracy - Henk Botha
• Transformative Constitutionalism in a Democratic Developmental State Solange Rosa
• The Potential and Limits of an Equal Rights Paradigm in Addressing Poverty
- Sandra Fredman
• Gendered Transformation in South African Jurisprudence: Poor Women and
the Constitutional Court - Catherine Albertyn
• Judicial Deference and Democracy in Socio-Economic Rights Cases in South
Africa - Danie Brand
• Narrowing the Band: Reasonableness Review in Administrative Justice and
Socio-Economic Rights Jurisprudence in South Africa - Geo Quinot & Sandra
Liebenberg
• Taking Poverty Seriously: The South African Constitutional Court and Socio-
Economic Rights - Stuart Wilson & Jackie Dugard
• An Appraisal of International Law Mechanisms for Litigating Socio-Economic
Rights, with a Particular Focus on the Optional Protocol to the International
Covenant on Economic, Social and Cultural Rights and the African
Commission and Court - Lilian Chenwi
• Liberal Constitutionalism, Property Rights, and the Assault on Poverty - Frank
I Michelman
• Farm Land and Tenure Security: New Policy and Legislative Developments JM Pienaar & A Kamkuemah
• Conceptualising “Meaningful Engagement” as a Deliberative Democratic
Partnership - Gustav Muller
• Rental Housing as Adequate Housing - Sue-Mari Maass
• Constitutional Perspectives on Unemployment Security and a Right to Work
in South Africa - Avinash Govindjee & Ockert Dupper
• Privatisation of the Commons: Water as a Right; Water as a Commodity Khulekani Moyo
• Tensions Between Vernacular Values that Prioritise Basic Needs and State
Versions of Customary Law that Contradict Them - Sindiso Mnisi Weeks &
Aninka Claassens
• Developing the Common Law of Contract in the Light of Poverty and
Illiteracy: The Challenge of the Constitution - DM Davis
• Concluding Reflections: Legal Activism after Poverty has been Declared
Unconstitutional - Karl Klare
• Index
Juta Customer Services: Tel: +27 21 659 2300, Fax +27 21 659 2360, Email: [email protected]; Juta and Company Ltd, 1st Floor, Sunclare Building, 21 Dreyer Street, Claremont, 7708, Cape Town,
South Africa; PO Box 14373, Lansdowne 7779; Docex Number DX 326 Cape Town
REG. NO. 1919/001812/06 VAT REG. NO. 4520113319
www.jutalaw.co.za
DAY 2 | Wednesday, 11 July 2012
08:00-09:00 SLTSA Annual General Meeting
LABOUR
LAW
INTERNATIONAL
LAW
CRIMINAL &
PROCEDURAL
LAW
CONSUMER
PROTECTION
COMPETITION &
INTELLECTUAL
PROPERTY LAW
LEGAL
PHILOSOPHY
(Prof Deon
Erasmus)
(Prof Mark Tait)
(Prof Coenraad
Visser)
(Gary Richards) (Prof Adriaan van
der Walt)
123 00 07
123 00 05
35 00 27
35 00 22
35 00 40
35 00 04
Prof
Philip Iya
Mbuzeni
Mathenjwa
Olivia
Lwabukuna
The effects of the
Walmart/Massmart
merger on South
African Competition
Law and economy
Enhancing the
Development
of African
Jurisprudence:
What Specific
roles for
universities in
Southern Africa?
A critique of the
law regarding the
employment of
municipal managers
and managers
directly accountable
to the municipal
manager
Migration, refuge
and settlement
policies in South
Africa: law, society
& service delivery
Pieter Brits
Ogana Samson Mlungisi Tenza
09:00-09:25 Prof
Shannon
Hoctor
Adv Dumisani
Prof David
McQuoid-Mason Nxumalo
The ambit of the Hospital exclusion
crime of robbery clauses limiting
liability for medical
malpractice: What
is the effect of
the Consumer
Protection Act?
09:25-09:50 Lourens Grove Hanri du Plessis
(First-time presenter)
Substituted
service revisiting the old
and exploring
the new
The unilateral
determination of
price in contracts
of sale governed
by the Consumer
Protection Act
Intellectual Property A jurisprudential
in the virtual world reflection on
the Customary
Adjudicatory
System in Africa:
A case study of
AFO of Nasarawa
State in North
Central Nigeria
The employee’s
right to privacy
and employer’s
corresponding
“prerogative”
to monitor and
intercept e-mails
in the workplace:
constitutional or
unconstitutional? Or
unconstitutional or
justiciable
(Prof Patrick
Vrancken)
Dr Babatun de
Fagbayibo
Enhancing Africa’s
relevance in the
changing dynamics
of global power: An
international law
perspective
DAY 2 | Wednesday, 11 July 2012
CRIMINAL & CONSUMER
PROCEDURAL PROTECTION
LAW
COMPETITION &
INTELLECTUAL
PROPERTY LAW
LEGAL
PHILOSOPHY
LABOUR LAW
(Prof Deon
Erasmus)
(Prof Mark Tait)
(Prof Coenraad Visser) (Gary Richards) (Prof Adriaan
van der Walt)
123 00 07
123 00 05
35 00 27
35 00 22
Ray de Villiers
Prof Wim Alberts
Yvonne Oyieke Adv Kate Malepe
Protecting the
international
consumer limiting party
autonomy
Comparative
advertising post
the Verimark case
Investigating the
gap between
laws’ promise
and rural
women’s lived
reality: a call for
consciousness
through
narratives
09:50-10:15 Rene Koraan
The Child
Justice Act after
two years in
the making:
challenges &
successions
pertaining to
the preliminary
enquiry
10:15-10:35
35 00 04
INTERNATIONAL
LAW
(Prof Patrick
Vrancken)
35 00 04
Khaled Qasaymeh
& Porsche Makama
The role of labour
broking in South
Africa labour relations.
Or does labour
broking create jobs or
cause job losses?
The power of the
ICC in the context
of the inherited
immunity of the
head of state
TEA
10:35-10:50 Prof Stephen
Terblanche
Sentencing
young offenders
in the 21st
century
10:50-11:15 Dr Desan Iyer
Precious
Ndlovu
Adv
Joel Baloyi
Dial
Ndima
Marius
van Staden
Juha Tuovinen
Product liability
and section 61
of the Consumer
Protection Act new dawn for the
consumer in
South Africa?
Laws that do not work:
A consideration of
certain problematic
provisions of the
Copyright Act 98 of
1978 (as amended)
in relation to “Public
Play” rights
The values
underpinning
African
Jurisprudence
The impact of
international
labour standards upon
the South African
understanding
of social justice
The role of
international law
in constitutional
adjudication
Prof Sieg
Eiselen
Prof Philip Iya
Lizelle le Roux Jeanne-Marie
Retief
Shifren
The semiotics
under fire
of non-verbal
communications
in the legal
arena
Human rights:
Building regional
capacities to manage Have we lost
Intellectual Property, the dream?
use of genetic resources
and indigenous
knowledge in the South
African Development
Community (SADC)
region: Review of policy
and legal strategies
with an agenda for
legal education
Paper v practice examining the scope
and limit of section
206 of Labour
Relations Act in
providing a remedy
for a non-party to an
extended collective
agreement
(First-time presenter)
Prof Engela
Schlemmer
The functional
immunity of
international
organisations
DAY 2 | Wednesday, 11 July 2012
LABOUR LAW
INTERNATIONAL
LAW
(Gary Richards)
(Prof Adriaan
van der Walt)
(Prof Patrick
Vrancken)
35 00 22
35 00 40
35 00 04
Puseletso Thejane Tanya
Wagenaar
Prof Graham
Glover
(First-time presenter)
The doctrine of quasi- Performers’ rights:
mutual assent - has it It’s just a matter
become the general of time
rule for the formation
of contracts? The case
of Pillary v Shaik
An unprecedented
“precedent”? The
mathematical and
logical impossibility
of Phodoclinics (Pty)
Ltd v Pinehaven
Private Hospital
(Pty) Ltd
CRIMINAL &
PROCEDURAL
LAW
CONSUMER
PROTECTION
COMPETITION & LEGAL
INTELLECTUAL PHILOSOPHY
PROPERTY LAW
(Prof Deon
Erasmus)
(Prof Mark Tait)
(Prof Coenraad
Visser)
123 00 07
123 00 05
35 00 27
11:15-11:40 Dr Benedicta
Daudu
Alternative
to judicial
proceedings for
children in Africa:
A desideratum of
the 21st Century
(First-time presenter)
Effective access to
justice for consumers:
An analysis of
the enforcement
mechanisms of the
Consumer Protection
Act 68 of 2008
Adv Radley
Henrico
12:05-12:30 Rapelang
Ramosa
Religious
discrimination in
the South African
workplace: a
democratic jostling
of rights
Stirring up the
calmed legal
waters of
common-purpose
jurisprudence: S v
Mzwempi 2011
(2) SACR 237
(ECM)
12:30-13:30
Parental and
paternity leave: A
necessity in South
Africa or perhaps
even a right
The predicament
of African regional
courts: Lessons
from the SADC
tribunal
Dr Debbie Collier Dr Amos
Saurombe
Criminal sanctions
in employment law: GATS mode lV:
Matching the free
a critique of the
proposal to increase global movement
reliance on criminal of people to the free
sanctions to secure movement of capital
across borders
compliance
11:40-12:05 Stephen Monye Marelize Snyman
Forensic evidence
in South Africa:
Where lies the
truth? Lessons to
learn
Elsabe Huysamen Phazha Ngandwe
LUNCH
DAY 2 | Wednesday, 11 July 2012
LABOUR LAW
CONSUMER COMPETITION & LEGAL
CRIMINAL &
PROCEDURAL LAW PROTECTION INTELLECTUAL PHILOSOPHY
PROPERTY LAW
(Prof Coenraad (Gary Richards) (Prof Adriaan
(Prof Deon Erasmus) (Prof Mark
van der Walt)
Visser)
Tait)
123 00 07
123 00 05
35 00 27
35 00 22
35 00 40
INTERNATIONAL
LAW
(Prof Patrick
Vrancken)
35 00 04
Nanoga Malatsi
13:30-13:55 Dumile Baqwa
The right to procedural
fairness with specific
reference to member
of the Defence Force:
Lessons from the
SANDU case
The legality of the
crime of intimidation
as it is defined in
section 1(1)(b)
Thanduxolo
Qotoyi
13:55-14:20 Dumile Baqwa
Is an acting allowance
a benefit? That is the
question.
The fire is still burning:
The debate on the
criminalisation of
dagga continues
14:20-14:45 Ken Obura
Non-conviction based
confiscation: An effect
or oppressive tool
against corruption?
14:45-15:10 Jentley Lenong
(First-time presenter)
Quantifying human
suffering: A critical
look at South Africa’s
compensation model
under the Proposal Bill
on trafficking in
persons
15:10-15:30
TEA
18:00-18:30
Juta’s Gala Dinner: Radisson Blu HOTEL
Guest Speaker: Lex Mapti - Judge President of the Supreme Court of Appeal
DAY 3 | Thursday, 12 July 2012
LEGAL
EDUCATION
(Mrs Coetzee)
35 00 05
INTERNATIONAL
HUMANITARIAN
LAW
(Prof Julia Sloth- (Prof Laurence
Juma)
Nielsen)
FAMILY
LAW
35 00 22
35 00 27
HUMAN
RIGHTS LAW
CLINICAL LEGAL SOCIAL SECURITY
EDUCATION
LAW
(Dr Gustav
Muller)
(Prof David
McQuoid-Mason)
123 00 02
123 00 07
(Prof Adriaan
van der Walt)
35 00 18
Human Rights
Law and Housing
Patrick Oscar
Matsemela
& Boitumelo
Mmusinyane
Adv Lufuno
Nevondwe
Comments on the
Resolutions of the
31st Conference
of the Red Cross
and Red Crescent
Movement on
Current IHL
priorities for further
developments
Maintaining
RDP houses: A
legal challenge and
quagmire
for Government?
The recent
development
with regard to
the social security
& retirement
reforms
Marie-Eve
Nkongolo
Dr Gustav Muller
Dewald Janse
van Rensburg
Violence against
women in armed
conflicts: A scourge
in Africa: A critical
view of the protocol
to the ACHPR of
women in Africa
Developing the
law of evictions
and the common
law of joinder
Can financial
assistance for serious
injury assessment in
terms of Regulation
3(2) (b) f the Road
Accident Fund
Amendment Act of
2005 be extended
to include medicallegal reports? And
does submission of
a request in terms of
Regulation 3(2)
(n) halt prescription?
Prof Garth
Prof Caroline
08:00-08:25 Prof David
Abraham
McQuiod-Mason Nicholson &
Andrea Bauling
Using Franz Kafka’s
The Trial to teach
law students due
process rights
Surrogate
motherhood
agreements &
their confirmation:
A new challenge
for practitioners
Marita
08:25-08:50 Desia Colgan,
Carnelley
Prof Wesahi
Domingo & Helen
Papacostantis
The new LLB
Degree through
the eyes of a
1st year
Misattributed
paternity
New
from Juta
Law
student
Student Titles
www.jutalaw.co.za
BOOKS
ECOND
DITION
IN
SOUTH AFRICA
C Hoexter
ISBN: 978-0-7021-9427-6
Soft cover
694 pages
PRICE: R550
Published January 2012
50mm
■
■
S
E
C
O
N
D
E
D
I
T
I
O
N
Contemporary Company Law is written with a view to providing guidance to legal
practitioners and accounting practitioners, law students and commerce students at
all levels (both undergraduate and postgraduate), legal advisors, company secretaries
and company directors.
The standard of the writing is excellent. The work adopts an engaging,
discursive style that looks beneath the dry text of legislation and the
bare principles of common law to unearth and debate the concepts and
philosophical bases of company law, and to explain how this complex
area of law endeavours to balance the competing and often conflicting
interests of the many stakeholders in a modern company.
Prof RC Williams, University of KwaZulu-Natal
www.juta.co.za
ed itio n
First published in 2007,
this title takes full
CORA HOEXTER
account of South African
administrative law with the
emphasis on judicial review
of administrative action. The second edition has been
thoroughly updated to the end of November 2011, and
considers approximately three hundred new cases.
All the dominant company law topics are discussed in this work. In addition, insider
trading and market manipulation receive detailed treatment even though they do
not strictly form part of core company law. Common-law precepts and principles
which have been preserved by the new Act are also discussed wherever relevant.
Comparative foreign law is taken into account as well.
se co nd
CORA HOEXTER
■
The substantial
length of Contemporary Company Law allows for all aspects of the
new Companies Act 71 of 2008 and the common law to be examined in detail. The
authors also discuss other relevant legislation, as well as the proposed amendments
to the Companies Act of 2008, as they appear in the Companies Amendment Bill of
2010.
FHI Cassim • MF Cassim • R Cassim • R Jooste • J Shev • J Yeats
■
The Companies
Act 71 of 2008 is an exciting and challenging but also a complex piece
of legislation. It is the outcome of many years of discussion, debate and consultation.
The Act introduces a large number of new legal concepts, underlying philosophies
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Contemporary Company Law
ADMINISTRATIVE LAW IN SOUTH AFRICA
Administrative Law
in South Africa 2e
ADMINISTRATIVE LAW
seco nd
e d ition
Contemporary
Company Law
Farouk HI Cassim (managing editor)
Maleka Femida Cassim
Rehana Cassim
Richard Jooste
Joanne Shev
Jacqueline Yeats
Contemporary
Company Law 2e
FHI Cassim (managing editor)
et al
ISBN: 978-0-7021-8565-6
Soft cover
1204 pages
PRICE: R645
Published February 2012
■
■
■
■
■
The second edition of this
book examines all aspects
of the new Companies Act
71 of 2008, as amended,
the Companies Regulations, 2011, and the common law.
All dominant company law topics are discussed, as are
common-law precepts and principles preserved by the new
Act. Comparative foreign law is also taken into account.
35.6mm
Constitutional Property Law
Constitutional
Property Law
t
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A J v a n d e r Wa l t
Constitutional Property Law 3e
JUTA’S PROPERTY LAW LIBRARY
AJ vA n de r WA lt
AJ van der Walt
ISBN: 978-0-7021-9419-1
Soft cover
682 pages
PRICE: R595
Published October 2011
■
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Part of the Juta’s Property Law Library
series, this new edition offers a
comprehensive and authoritative
discussion of all aspects of property
law in South Africa. The third edition
reflects recent developments in case law and literature, and expands
extensively on the new comparative sections which include asset
forfeiture, constructive expropriation and the public-purpose
requirement for expropriation.
J u tA’ s P r o P e r t y l A W l i b r A r y
Contract: G
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VAN DER MERWE
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■
LUBBE
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Fourth
Edition
■
Vierde Uitgawe
Contract: Gene
Kontraktereg: Algemene Beginsels de
of the Consumer Protection Act and cont
path that should be taken in the develop
in accordance with Constitutional norms
The strength of this book is the collective
authors of common law principles and th
The law is explained in terms that are eas
33.4mm
fourth
dition
f o u r t h
J ohn
DugarD
e d i t i o n
International Law
A South African Perspective
A South African Perspective
International Law
International Law:
A South African
Perspective 4e
Law of Damag
Skadevergoedi
J Dugard
ISBN: 978-0-7021-8646-2
Soft cover
640 pages
PRICE: R495
Published December 2011
■
JM Potgieter, L Stey
ISBN: 978-0-7021ISBN: 978-0-7021Soft cover
724 pages
PRICE – Eng / Afr
Published Februa
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The fourth edition
Joh n D u g arD
provides an introduction to
international law that takes
account of international and
South African sources. The new edition takes account of
developments in international law since 2006, when the
last edition was published.
■
■
The third edition de
affecting the law of
examines importan
academic contribut
most fields of the law of damages in b
18.61 mm
Mineral Law
Mineral Law
Pr i nciples and Polic ies in Per sp ec t ive
Mineral Law: Principles and
Policies in Perspective
H Mostert
ISBN: 978-0-7021-8590-8
Soft cover
192 pages
PRICE: R485
Published May 2012
■
H a n r i
M o s t e r t
■
■
■
Hanri Mostert
■
This book provides a unique view of the
origins, roles and functions of current
legislation on mineral resources.
Private Internatio
C Forsyth
ISBN: 978-0-7021-942
Soft cover
554 pages
PRICE: R645
Published April 2012
■
■
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This book has become
African work on privat
new edition takes acco
ground-breaking judg
suggests how the law
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■
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While aimed at students, Joubert’s Criminal
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JJ Joubert (Editor), PM Bekker, T Geldenhuys,
JP Swanepoel, SS Terblanche, SE van der Merwe
ISBN: 978-0-7021-9424-5 (Eng)
ISBN: 978-0-7021-9425-2 (Afr)
Soft cover
520 pages (Eng)
544 pages (Afr)
PRICE – Eng / Afr: R490
Published December 2011
South African Law of Unjustified
Enrichment, The
J du Plessis
ISBN: 978-0-7021-9474-0
Soft cover
480 pages
PRICE: R550
Published April 2012
The South African Law of
Unjustified Enrichment
■
■
■
JACQues du Plessis
■
■
This book provides a comprehensive, systematic
exposition of the principles of the South African
law of unjustified enrichment, taking into account
modern local and foreign scholarship. It sets out the
requirements for enrichment liability, differentiates
between the main types of situations in which such liability arises, and indicates
how enrichment claims are quantified, and when they terminate.
South African Criminal Law and Procedure
Volume I: General Principles of Criminal Law 4e
J Burchell
ISBN: 978-0-7021-8611-0 (Hard)
ISBN: 978-0-7021-8612-7 (Soft)
Soft cover; Hard cover
658 pages
PRICE - Soft cover: R665; Hard cover: R765
Published October 2011
■
■
■
■
■
■
This volume, which covers the general principles of South
African criminal law, has been updated to December 2010.
The book also provides a comprehensive audit of the first 15
years of Constitutional Court jurisprudence on criminal law.
Newsflash
NeWS FLASH
19 mm
fifth
edition
422 pages • Soft cover
diamond Law
L Uys & L MiddLet oenand Poli c y i n Contex t
Chang e, Trad
diamond Law
Ch an ge, Trade a nd Poli c y i n Contex t
P o r t i a
f
n d L o v u
Diamond Law
Portia f ndLovu
Change , Trade and Policy in Context
Por tia F Ndlovu
CONTENTS:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Abbreviations
Definitions
Table of Statutes & Cases
Further sources
The South African Economy and Early
Diamond Law
Modern Diamond Mining and Trade Law
The Diamonds Act and Blood Diamonds
Diamond Sales and the Regulated Industry
De Beers and Humane Diamond Law
Conflict of Laws and the Diamond Trade
Documentary Credit and Diamond Sales
Transportation of Diamonds and
Underwriting Activities
The Diamond Trade and the United Nations
Convention on Contracts for International
Sale of Goods, 1980
International Agency Law and the Diamond
Industry
Insolvency and International Diamond Trade
Anti-Corruption Laws and Diamond Trade
Trade Unions, ITAC, SACU, DTI and the
Diamond Industry
The Future of the Diamond Trade
Appendices
o Appendix A: KPCS Certificate
o Appendix B: Invoice with a System of
Warranties Statement
o Appendix C: UNGA Resolution 55/56
o Appendix D: UNGA Resolution 56/263
o Appendix E: Mining Licence ML 3/2003
Index
aBOUT THiS PUBLiCaTiON:
Diamond Law: Change, Trade and Policy in Context provides commentary
and guidance on the state of the law relating to diamonds. It is useful
from both an historical and economic perspective and provides excellent
reference to important case law.
This book also deals with the actual business of diamond trade, specifically
looking at aspects of international commerce such as sales and all
ancillary aspects of such commercial activity within the diamond trade
law. Diamond Law: Change, Trade and Policy in Context considers how the
economic history of South Africa has affected the development of laws
regulating diamond trade and also looks at constitutional aspects of the
South African diamond trade.
While historical injustices and moves towards humaneness and
sustainability are borne in mind, helpful emphasis is placed on the
commercial legal history and economic considerations that have
influenced the development of diamond law as applicable today.
Juta Customer Services: Tel: +27 21 659 2300, Fax +27 21 659 2360, email: [email protected];
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LEGAL
EDUCATION
FAMILY
LAW
INTERNATIONAL
HUMANITARIAN
LAW
(Mrs Coetzee) (Prof Julia Sloth- (Prof Laurence
Nielsen)
Juma)
HUMAN RIGHTS
LAW
CLINICAL LEGAL
EDUCATION
SOCIAL SECURITY
LAW
(Dr Gustav
Muller)
(Prof David
McQuoid-Mason)
(Prof Adriaan
van der Walt)
35 00 05
123 00 07
123 00 02
35 00 18
35 00 22
35 00 27
Human Rights Law
and Women
08:50-09:15 Patricia
McKeller &
Dr Steven
Warburton
Flexible learning
in law: eReaders
& eContent
09:15-09:40 Heidi
Schoeman
The challenge
for the law
academe:
Remaining
relevant in a
changing world
Ashraf Booley
Marelie Maritz Deborah Dippenaar
Prof Pierre de Vos Gugulethu Nkosi
Islam’s position
on polygamy: Can
South Africa learn
from other African
jurisdictions?
Piracy? Armed
attacks against
ships on the West
coast of Africa
40th Anniversary
of the
Commonwealth
Legal Education
Association
08:00 -10:00
The protection of human
rights of women trapped in
domestic violence in South
Africa
Alleviating child
poverty in South
Africa: Social
assistance beyond
the monetary
approach
Patricia Erasmus Prof Letetia
Ann Strode
Dr Nombulelo
Lubisi
The best interests
of the child:
Unsupervised
contact with a
parent who is an
accused person in
a pending sexual
abuse case
“I feel like half a woman
all the time”: A qualitative
study of HIV positive
women’s experiences
of coerced and forced
sterilisation in South Africa
General comment
no 19: The right to
social security: A
commentary
(First-time presenter) van der Poll
Sexual violence
in armed conflict:
Why both sex and
genger (ought to)
matter
Human Rights Law and
Education
09:40-10:05
Ramaccio
Lizelle
Hungwe
Servious
The paradox of the Enhancing the
Civil Union Act 17 protection of
of 2006
refugees: An
analysis of
article 33 of the
United Nations
Convention on the
status of refugees
10:05-10:30
Chiedza Simbo
Section 29(2)(A) and the
Juma case: An unqualified
human right and a
minimum score card
Prof Shaheda
Mahomed &
Meetali Jain
Clinical Legal
Education in 21st
Century South
Africa
Arthur van
Coller
Franaaz Khan &
Clydenia Stevens
Lunga Siyo
Direct participation
and asymmetric
armed conflict
in urban
environments
The stomach issue:
Compulsory
Developing a human rights commuity service for
education approach to
Law graduates
the problem of learner
pregnancies in South
African schools: A response
to Welkom High School case
Clarence Tshoose
The interpretation
& scope of the
constitutional right
of access to social
security in South
Africa
Newsflash
NEWS
FLASH
ABOUT THIS PUBLICATION
Soft cover • 490 pages
Law and 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. The collection focuses on key 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
the Stellenbosch Law Faculty, which took place from 29 to 31 May 2011. The range
and richness of the essays illuminate the multifaceted nature and causes of poverty,
as well as the possibility and limits of law in responding to the social injustice which
poverty represents. By engaging with these questions, the book aims to deepen critical
reflection and debate on law’s ability to respond effectively to social and economic
marginalisation.
CONTENTS
• Notes on Contributors
• Table of Cases
• Introduction - Sandra Liebenberg & Geo Quinot
• The Role of the Constitution in the Struggle against Poverty - Pius N Langa
• Social Exclusion, Global Poverty, and Scales of (In)Justice: Rethinking Law
and Poverty in a Globalizing World - Nancy Fraser
• The Legal Construction of Poverty: Gender, “Work” and the “Social Contract”
- Lucy A Williams
• Not Purpose-made! Transformative Constitutionalism, Postindependence
Constitutionalism and the Struggle to Eradicate Poverty - Sanele Sibanda
• De-Politicising Poverty: Arendt in South Africa - Emilios Christodoulidis
• Representing the Poor: Law, Poverty and Democracy - Henk Botha
• Transformative Constitutionalism in a Democratic Developmental State Solange Rosa
• The Potential and Limits of an Equal Rights Paradigm in Addressing Poverty
- Sandra Fredman
• Gendered Transformation in South African Jurisprudence: Poor Women and
the Constitutional Court - Catherine Albertyn
• Judicial Deference and Democracy in Socio-Economic Rights Cases in South
Africa - Danie Brand
• Narrowing the Band: Reasonableness Review in Administrative Justice and
Socio-Economic Rights Jurisprudence in South Africa - Geo Quinot & Sandra
Liebenberg
• Taking Poverty Seriously: The South African Constitutional Court and Socio-
Economic Rights - Stuart Wilson & Jackie Dugard
• An Appraisal of International Law Mechanisms for Litigating Socio-Economic
Rights, with a Particular Focus on the Optional Protocol to the International
Covenant on Economic, Social and Cultural Rights and the African
Commission and Court - Lilian Chenwi
• Liberal Constitutionalism, Property Rights, and the Assault on Poverty - Frank
I Michelman
• Farm Land and Tenure Security: New Policy and Legislative Developments JM Pienaar & A Kamkuemah
• Conceptualising “Meaningful Engagement” as a Deliberative Democratic
Partnership - Gustav Muller
• Rental Housing as Adequate Housing - Sue-Mari Maass
• Constitutional Perspectives on Unemployment Security and a Right to Work
in South Africa - Avinash Govindjee & Ockert Dupper
• Privatisation of the Commons: Water as a Right; Water as a Commodity Khulekani Moyo
• Tensions Between Vernacular Values that Prioritise Basic Needs and State
Versions of Customary Law that Contradict Them - Sindiso Mnisi Weeks &
Aninka Claassens
• Developing the Common Law of Contract in the Light of Poverty and
Illiteracy: The Challenge of the Constitution - DM Davis
• Concluding Reflections: Legal Activism after Poverty has been Declared
Unconstitutional - Karl Klare
• Index
Juta Customer Services: Tel: +27 21 659 2300, Fax +27 21 659 2360, Email: [email protected]; Juta and Company Ltd, 1st Floor, Sunclare Building, 21 Dreyer Street, Claremont, 7708, Cape Town,
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LEGAL
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(Mrs Coetzee)
35 00 05
INTERNATIONAL
HUMANITARIAN
LAW
(Prof Laurence
(Prof Julia
Sloth-Nielsen) Juma)
FAMILY
LAW
35 00 22
35 00 27
10:30-10:50
HUMAN
RIGHTS LAW
CLINICAL LEGAL SOCIAL SECURITY
EDUCATION
LAW
(Dr Gustav
Muller)
(Prof David
McQuoid-Mason)
(Prof Adriaan
van der Walt)
123 00 07
123 00 02
35 00 18
Prof Zingisile
Ntozintle
Jobodwana
Climate change
regulation in South
Africa: Introducing
a carbon tax regime
TEA
Human Rights Law
and Disability
10:50-11:15 Doey Mothilall
The personal
liability of directors
for trading in
insolvent
circumstances,
a South African
perspective
11:15-11:40 Aubrey Sibanda
Ethics in South
Africa corporate
governance
11:40-12:05 Carika Keulder
Pay now, argue
later - achieving a
balance between
SARS and the
taxpayer
12:05-12:30 Afton Titus
(First-time presenter)
Section 24(h)(2) of
the Income Tax Act
58 of 1962: Does
South African law
need this deeming
provision?
Soretha Venter Juanita
Easthorpe
Clydenia Stevens
& Lee Stone
Isolde
de Villiers
The unlawful
Execution of
recruitment of
maintenance
child soldiers
orders: Is the
maintenance
process failing
the “child on the
street”?
Unpacking the right
to education as a
socio-economic right,
with particular focus
on disabled persons
in South Africa: An
international and
comparative analysis
Street law & the
law of the street:
Revisiting
communityorientated courses
& the idea of
access to justice
Yvette Wiid
Leah
Ndimurwimo
(First-time presenter)
Prof Jobst
Bodenstein
Prof Warren
Freedman
Human rights &
internally displaced
persons (IDP’s):
Burundi as a case
study
South African
legislation and
disability: What we
can learn from other
African countries
South African
Law Clinics in
2012: Mavericks,
mongrols or the
like?
Conservation of
natural resources
and the South
African Public Trust
doctrine
Dr Serges Alain
Djoyou Kamga
Promoting the right
to health care services
for persons with
disabilities who are
HIV positive in Malawi:
Incorporting disability
into HIV programming
Tshepang Monare
Legal aid in a
constitutional
democracy, a sunrise
for scarce resources
Mzukisi Njotini
From
industrialisation
to informatisation:
the role of modern
technologies to
control South Africa’s
environmental
consternations
Newsflash
NeWS FLASH
NeW 2nd edition
CONTeNTS
• Preface
• Law reports cited with mode of citation
• Principal authorities cited with mode
of citation
• Table of statutes
• Table of rules
• Table of cases
• International conventions cited
• Reports cited
• Historical outline
• Admiralty jurisdiction
• The law applicable to the matters in
respect of which admiralty jurisdiction
exists
• The action in rem
• Security arrests
• The action in personam
• Description of parties, representation
and locus standi
• Miscellaneous statutory powers and
excessive claims and proceedings
brought without reasonable and
probable cause
• Maritime liens
• Judicial sales, the creation of a fund
and its distribution and the ranking of
claims
• Appendices
• Index
This work is a comprehensive discussion of the law of admiralty
jurisdiction in South Africa. There are extensive references to
case law, which is critically analysed. Reference is frequently
made to the law in comparative jurisdictions. The second edition
provides greater coverage in general than the first edition, and
updates the law as at the end of November 2011.
Juta Customer Services: Tel: +27 21 659 2300, Fax +27 21 659 2360, email: [email protected];
Juta and Company Ltd, 1st Floor, Sunclare Building, 21 Dreyer Street, Claremont, 7708,
Cape Town, South Africa; PO Box 14373, Lansdowne 7779; Docex Number DX 326 Cape Town
REG. NO. 1919/001812/06 VAT REG. NO. 4520113319
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FAMILY
LAW
(Mrs Lindi Coetzee
& Ms S Mzenze)
(Prof Laurence
(Prof Julia
Sloth-Nielsen) Juma)
35 00 05
35 00 22
12:30-13:30
35 00 27
(Dr Gustav Muller)
123 00 07
Fixing Humpty
Dumpty - past,
present and future
efforts to make the
NCA work
13:55-14:20 Liezel Classen
(First-time presenter)
To leave or not to
leave? “Exit tax”
is the question Commissioner for the
South African Revenue
Service v Tradehold
Ltd (132/11) [2012]
ZASCA 61(8 May
2012)
(Prof Michael Kidd)
35 00 18
Morota Bernard
(First-time presenter)
Reaction to early
warning of gross
human rights violations:
Preventative obligations
imposed upon the
international community
Culture or Coal? A
legal analysis of
the Mapungubwe
heritage
Dr Jose Miguel
Cabrales Lucio
Prof Michael Kidd
The principal of
interpretation of laws
in conformity with the
Constitution and human
rights: A European
and Latin-American
perspective. Is there
something to show for
African States?
Compulsory
licensing under the
National Water Act:
The Tosca-Molapo
case study
Adv Tsietsi
Ramatsekisa
Aubrey Sibanda
Zimbabwe at legal
crossroads: Restorative
or retributive justice or
human rights violations?
15:10-15:30
(Prof David
McQuoidMason)
123 00 02
Adv Mispa Roux
Commentary on the
Protection of information
Bill of 2012: “The
Secrecy Bill” in South
Africa
14:45-15:10
ENVIRONMENTAL
CLINICAL
LAW
LEGAL
EDUCATION
LUNCH
13:30-13:55 Charlotte van
Sittert
14:20-14:45
INTERNATIONAL HUMAN
HUMANITARIAN RIGHTS LAW
LAW
GENERAL
COMMERCE AND
TAX
TEA
Newsflash
neWS FLASH
M
Y
CM
MY
CY CMY
K
Soft Cover • ISBN 978-0-7021-8617-2 • 166 pages
C
COntentS:
• Preface - Frank Diedrich
• Ubuntu as a legal principle in an
ever changing world Yvonne Mokgoro
• Ubuntu: An African equity Tom Bennett
• Ubuntu: Ethnophilosophy and core
constitutional value(s) - Ilze Keevy
• The contribution of Ubuntu to the
development of constitutional
jurisprudence in a democratic South
Africa - SF Khunou & Seth Nthai
• ‘Just say sorry?’ Ubuntu,
Africanisation and the child justice
system in the Child Justice Act 75 of
2008 - Julia Sloth-Nielsen &
Jacqui Gallinetti
• Towards constitutionalism and
democratic governance: Ubuntu
and equity as a basis for regulating
public functionaries in common-law
Africa - Mwiza Jo Nkhata
• Ubuntu in the traditional justice
mechanisms of South Africa Inga Svarca
• The procedural relationship
between state law and customary
law in civil and commercial matters Frank Diedrich
• Individualism and the balancing
of interests in German civil law Ulrich Spellenberg
• Index
UBUNTU,
GOOD FAITH & EQUITY:
Flexible Legal Principles in Developing
a Contemporary Jurisprudence
Frank Diedrich (ed)
abOUt thiS PUbLiCatiOn:
Since its inception into South African law, ubuntu has played a key role.
In the proceedings of the Truth and Reconciliation Commission the term
was used to produce a result that no other legal rule could achieve as
successfully: it was used as a flexible political notion to justify the desired
result of forgiveness rather than retaliation.
However, the definition of ubuntu is insufficiently resolved, and its
application varies from context to context. The concept of ubuntu needs
closer scrutiny if it is to play a meaningful, clear and foreseeable role in
the South African legal system, or elsewhere, as an authentic customary
rule.
In September 2010 a group of comparative lawyers, practitioners, and
academics from various disciplines met at the University of the NorthWest, Potchefstroom, South Africa to discuss the topic of Ubuntu,
Humanity and Good Faith / Equity as Flexible Principles in Law and
Society in Southern Africa.
Some of the papers presented at the conference are published in this
book. The papers aim to capture as many facets of ubuntu, customary
law and legal process as possible. The articles shed light on both the
notion and the use of ubuntu, without purporting to provide definitive
answers. Since ubuntu is not confined to any branch of law, the articles
cover private law as well as public law. The papers by non-South African
academics seek to show how the notions of good faith and equity have
likewise been used in other jurisdictions as flexible legal principles to
achieve equitable outcomes.
It is hoped that the range of articles in this book will lead to a better
understanding of ubuntu for the purpose of further research, the
development of jurisprudence and for its application in the field of law,
culture and everyday life in general.
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DAY 3 | Thursday, 12 July 2012
GENERAL
COMMERCE AND
TAX
FAMILY
LAW
INTERNATIONAL HUMAN RIGHTS
HUMANITARIAN LAW
LAW
(Prof Laurence
(Mrs Lindi Coetzee (Prof Julia
Sloth-Nielsen) Juma)
& Ms S Mzenze)
35 00 05
35 00 22
35 00 27
15:30-15:55
CLINICAL LEGAL
EDUCATION
ENVIRONMENTAL
LAW
(Prof Michael Kidd)
(Dr Gustav Muller) (Prof David
McQuoid-Mason)
123 00 07
123 00 02
35 00 18
Mwanawina
IIyayambwa
The tradegy of South
African xenophobia:
Legal shock & awe
FACULTY COCKTAIL: North Campus Conference Centre
DAY 4 | Friday, 13 July 2012
INTERNATIONAL TRADE LAW
LAW OF DELICT
(Prof Engela Schlemmer)
(Prof Andre Mukheibir)
35 00 27
35 00 04
08:00-08:25 Phazha Ngandwe
The Practical challenge and repercussions of the SADC
Foreign Investment Policy and Law
08:25-08:50 Giles Millard
(First-time presenter)
Juristic persons as perpetrators of market abuse: A critical
comparison of the South African position with that in the
United Kingdom
08:50-09:15 Vicky Heideman
Pineapples, cadmium, and the SAPS Agreement
09:15-09:40
Prof Chuks Okpaluba
Constitutional and delictual damages for judical acts & omissions:
A review of Claasen & recent common law decisions
Devina Perumal & James Linscott
The difficulties of personal & vicarious liability: Some reflections
of the decision in F v Minister of Safety & Security & others (2011)
ZACC 37
Michael Buthelezi
Seen in a different light: Le Roux v Dey 2011(3) 274 (CC)
Prof Daleen Millard
Collateral benefits
09:40
Tea & Coffee in the Madibaz Café: Prize-giving
South Campus, Summerstrand
Nelson Mandela Metropolitan University
Nelson Mandela Bay
Building 35/Universal Hall
Conference Venue 1
Building 123
Conference Venue 2
Building 09
Embizweni (Law Faculty on Second Floor)
Building 14
Conference Venue 1
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Planning Law
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This book explains the idea of urban fragmented
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schemes are governed and how disputes regarding use
rights of individual sections and the common property
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2010
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only the traditional areas
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Property Law
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