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Law Faculty: Books Published

Law Faculty: Books Published

Law Faculty: Books Published

​Title: Competition Law in South Africa

Author: Precious N. Ndlovu

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in the South Africa covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate.

An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions.

Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the South Africa will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.

Title: Universal Jurisdiction in Respect of International Crimes: Theory and Practice in Africa

Author: Angelo Dube

The crimes of genocide, war crimes and crimes against humanity are customary international law crimes. The African continent has experienced quite a number of cases involving these crimes, and the continent’s ability and willingness to prosecute offenders remains in doubt. As a result, in the past decade or so, non-African states have sought to institute proceedings against African leaders accused of perpetrating international customary law crimes. These attempts have taken two distinct formats, the


first being the use of Universal Jurisdiction (UJ), and the second being the attempts by the International Criminal Court (ICC) to indict and prosecute African leaders. The African Union (AU) has vehemently opposed both these attempts on the grounds that they are inspired by neo-colonial thinking that is aimed at stifling peace and reconciliation efforts on the continent.​

Title: The Regional Integration of African Trade Mark Laws: Challenges and Possibilities

Author: Yeukai Mupangavanhu

This book addresses the need to harmonise trade mark laws in Africa in view of the envisaged African common market. Economic integration cannot flourish without an effective regional legal framework. The fragmentation in trade mark protection in Africa is evidenced by the existing two sub-regional organisations,namely, the African Regional Intellectual Property Organisation (ARIPO) whose members are mostly Anglophone countries and the Organisation Africaine de la Propriété Intellectuelle (OAPI) which generally caters for Francophone countries respectively.

The text not only discusses regional integration and what needs to be done if this goal is to be realised in Africa, it also focuses on the European Union and other regional integration models, such as Organisation for the Harmonisation of Business Law in Africa (OHADA) from which lessons can be drawn. It also identifies possible threats and/or challenges to the process of regional integration in Africa after Brexit. In relation to legal integration,the book uses South Africa, Kenya, Zimbabwe and Cameroon as case studies. It examines the areas of convergence and divergence between the trade mark laws under consideration.

Title: Constitutional Theory: Schmitt after Derrida

Author: Jacques De Ville

This book advances a new reading of the central works of Carl Schmitt and, in so doing, rethinks the primary concepts of constitutional theory. In this book, Jacques de Ville engages in a close analysis of a number of Schmitt’s texts, including Dictatorship (1921), The Concept of the Political (1927), Constitutional Theory (1928), Land and Sea (1942), Ex Captivitate Salus (1950), The Nomos of the Earth (1950) and The Theory of the Partisan (1963). This engagement takes place from the perspective of constitutional theory and focuses specifically on concepts or themes such as sovereignty, the state, the political, constituent power, democracy, representation, the constitution and human rights. The book seeks to rethink the structure of these concepts in line with Derrida’s analysis of Schmitt’s texts on the concept of the political in Politics of Friendship (1993). This happens by way of an analysis of Derrida’s engagement with Freud and other psychoanalysts. Although the main focus in the book is on Schmitt’s texts, it further examines two texts of Derrida (Khōra (1993) and Fors: The Anglish Words of Nicholas Abraham and Maria Torok (1976)), by reading these alongside Schmitt’s own reflections on the positive concept of the constitution.


Title: Concurrent Powers in Federal Systems

Edited by: Nico Steytler

Concurrency of powers – the exercise of jurisdiction by federal governments and constituent units in the same policy areas – is a key, if not the central, mode of governance in most federal systems today. Moreover, the experience has been that federal governments dominate the concurrent space giving rise to contestation. This volume, Concurrent Powers in Federal Systems: Meaning, Making and Managing, edited by Professor Nico Steytler, is the first to examine from a comparative perspective this crucial issue confronting both established and emerging federations. Case studies of 16 countries on five continents dissect the various manifestations of concurrency, analyse what drives this modern governance mode, andreview management strategies that seek to guard against central
dominance of concurrent areas.​

Title: Before the Law: The Complete Text of Préjugés (Jacques Derrida)

Translated by: Sandra van Reenen and Jacques de Ville (Minnesota University Press, 2018)

“How to judge—Jean-François Lyotard?” It is from this initial question that one of France’s most heralded philosophers of the twentieth century begins his essay on the origin of the law, of judgment, and the work of his colleague Jean-François Lyotard. If Jacques Derrida begins with the term préjugés, it is in part because of its impossibility to be rendered properly in other languages and also contain all its meanings: to pre-judge, to judge before judging, to hold prejudices, to know “how to judge,” and more still, to be already prejudged oneself.

Striving to contain that which comes before the law, that is in front of the law and also prior to it, how to judge Jean-François Lyotard then becomes perhaps a beneficial attempt for Derrida to explore humanity’s rapport with judgment, origins, and naming. For how does one come to judge the author of the Differend? How does one abstain from judgment to accept the term préjugés as suspending judgment and at once as taking into account the impossibility of speaking before the law, prior to naming or judging? If this task indeed seems insurmountable, it is the site where Lyotard’s work itself is played out. Hence this sincere and intriguing essay presented by Jacques Derrida, published here for the first time in English.

Title: Provincial and Local Government Reform in Zimbabwe: An analysis of the Law, Policy and Practice (Juta 2018)

Author: TC Chigwata

Zimbabwe’s Constitution of 2013 provides for multi-level government at national, provincial and local level. This book explores the nature, evolution and future of this multi-level system of government against the background of international best practices.

Provincial and Local Government Reform in Zimbabwe: An analysis of the Law, Policy and Practice considers key questions about the multi-level system of government and shows how it radically differs from the old Lancaster House constitutional order.

The roles that provincial and local governments, as well as traditional leaders, fulfil in the new order are examined, the reforms needed to implement the system are outlined, and lessons to be learnt from other countries with multi-level governments are considered.

This book aims to aid the realisation of Zimbabwe’s constitutional goals of development, democracy and peace through effective multilevel governance and contributes to the international discourse on decentralisation and the role of subnational governments in Africa.


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