Address by Prof PJ Schwikkard Book Launch UCT Press and Juta Books, Baxter Theatre, 6 December 2011 I stand

d before an abundance of books and feel very privileged to be asked to make a few comments on this prodigious pile. It is a most unusual thing for a department to be involved in the production of five books in one academic year it is this diversity and rigour of intellectual curiosity which is no doubt responsible for UCT being the only African law school rated amongst the top 100 in the world. As a faculty we are extremely fortunate to attract the creative colleagues that we do. Jutas and UCT press have played a significant role in the production of tonights books and I have been asked by authors, editors and contributors to thank you. The downside of launching five books at the same time is if the people who really should be speaking namely those whose labours we are celebrating were to speak -- we would not have enough to celebrate. So the compromise is me. In preparing for this evening I asked the authors and editors for guidance and I hope that with each book I will be able to convey a little of each author or editors voice if I do not -- the responsibility is mine. I would like to start with Jonathan Burchells South African Criminal Law & Procedure: General Principles of Criminal Law: Volume I of South African Criminal Law and Procedure has a pedigree of over 40 years. In 1964 Alf Lansdown and Peter Hunt were approached by Juta to produce a seventh edition of the then well-established criminal law book by Gardiner and Lansdown. Peter soon realised that Gardiner and Lansdown needed substantial revision and in 1966 he enlisted the help of Professor Exton Burchell to complete the task. The original authors of vol I were the late Professor Exton Burchell (Jonathans father) and Advocate Peter Hunt. An historical introduction to criminal law covered by Peter with the general principles of criminal law written by Exton was published by Juta in 1970 as the first volume of a multi-volume work. A magisterial second volume on common-law crimes by Peter Hunt was published in the same year, followed the next year by vol III on statutory offences by John Milton and Neville Fuller. Two other volumes (on criminal procedure and evidence by other authors) would appear in due course to add to the series. This fourth edition of volume I, completed by Jonathan Burchell, builds on that sure foundation. It critically evaluates the case law (including Constitutional Court jurisprudence) on the general principles of criminal law and the impact of recent legislation in this field, such as the Child Justice Act. We are delighted that Mrs Sheila Burchell (90-year-old wife of the original author, Exton Burchell) and Wendy Burchell, Jonathans wife, are here with us to celebrate the publication of this new edition. The publication of a book is always a team effort and Jonathan would like me to thank all the Burchell family here tonight for their wonderful support and inspiration in the editions that he has completed since his fathers death in

1982. He has also asked me to thank Linda van de Vijver of Juta for her expert guidance, Nic Jooste for his impressive cover design and Luzuko Tshingana for his assistance in the collection of certain authorities. I now move to Danwood Chirwas: Human Rights Under the Malawian Constitution. This book makes a substantial contribution to the jurisprudence of our continent. The book has three main objectives: The first is to investigate the impact of the bill of rights on both substantive and adjectival law, as well as its application. This in the context of a preceding century which was divided between colonial oppression and dictatorship. As in South Africa the Malawian Bill of Rights represents a legal revolution which unlike the South African constitution has received little attention from scholars and there can be no doubt that Danwoods work in filling this gap makes a substantial contribution to the regions jurisprudence and no doubt will continue to be the leading work in this area for a long, long time. The second objective of the book also secures the books weight in developing Malawian jurisprudence this objective is to take stock of the case and statutory law. The third objective ensures that there is nothing parochial about this book and its global relevance is assured through the international and comparative perspective taken in analyzing the Malawian Bill of Rights and its jurisprudence.

In his acknowledgements Danwood pays tribute to all those who have supported him and influenced the production of this remarkable book. Danwoods generosity and collegiality is evident in this section of the book but perhaps more importantly is his deep appreciation for the support from his family in particular Naomi, Sylvester and Chawezi. The next three books are of a slightly different nature in that they are edited collections editing is a time consuming and challenging task challenging not only intellectually but also managerially we all know the clich about managing academics is like herding cats well editing requires precision in herding of cats! This evenings editors have not only got the cats to sing to a harmonious chorus they have also made their own substantive contributions. Here I am going to start with Tom Bennetts: Traditional African Religions in South African Law the chapters provide a magnificent kaleidoscope of subject matter that all though deeply relevant to multi layers of society is often neglected by academia. Since colonial times, traditional African religions have been misunderstood and misrepresented. Suffering all the prejudice of Christian dogma - and the effect of bad translations from vernacular languages into English - they have been written off as magic, superstition or witchcraft. At best, they have been considered mere worship of the ancestors.

South Africas new constitutional order, which celebrates diversity and guarantees equal treatment, demands a change in thinking. Hence, this collection of essays explores traditional African beliefs in relation to South African law. It covers issues of:
o o o o o o o o

animal sacrifice the difference between culture and religion the relevance and practice of traditional religion in the modern world African Initiated churches traditional healing medicine and environmental protection, ubuntu as an underlying ethic - and, of course, the freedoms of religion and culture.

Tom has produced a fascinating collection which will no doubt be a resource that is used in many fora as we as country attempt to harmonise our diversity through the prism of a constitutional mantle that both rubs and protects. Danwood Chirwa together with Lia Nijzink is responsible for another of tonights gems: Accountable Government in Africa: perspectives from public law and political studies This book is the product of a tripartite collaborative partnership between the Universities of Cape Town, Dar es Salaam and Warwick. The contributing scholars from UCT are drawn from staff in the disciplines of public law as well as political studies. The book examines wide-ranging aspects of accountable government confronting emerging democracies in Africa. It critiques both formal and informal mechanisms of accountability, and domestic and external sources of accountability. It analyses political and constitutional developments in at least 10 African countries: It draws on a wide range of researchers from Africa and beyond. Many provided assistance to the partnership and its projects and the production of this book. These have been duly acknowledged in the book. However, Danwood and Lia would like a special gratitude to be expressed to the British Council for funding the project, and to UCT Press - especially Sandy Shepherd - for their professionalism in the publication of the book. The book is dedicated to Jwani T Mwaikusa. Professor Mwaikusa is the author of Chapter 5: From parliamentary supremacy to judicial review: Relations between Parliament and the judiciary in Tanzania. Professor Mwaikusa was murdered outside his home in Dar es Salaam in July 2010. This somber note leads us to the 5th and last book acknowledged this evening: The Sexual Offences Commentary Act 32 of 2007 edited by Dee Smythe and Bronwyn Pithey. The Sexual Offences Act is the consequence not only of the constitutional imperative to reform discriminatory laws but also the necessity of a political and social response to a scourge of South African society -- rape and other forms of sexual assault.

The Act was the product of a decade long reform process that involved civil society, government agencies including the South African Law Commission and academics. The Act redefines rape, gets rid of the more discriminatory and irrational rules of procedure and evidence it also makes provision for rape victims to receive post-exposure prophylaxis to prevent the possible of transmission of HIV. In addition it provides for the creation of a national sex offender register. The Act failed to take on the recommendations of civil society for protective measure for vulnerable witnesses and more extensive support and care provisions for victims of sexual offences. The Commentary analyses the Act section by section. Its particular strength lies in the team of contributors that the editors managed to pull together -- which allowed them to combine the expertise of a wide range of scholars with both academic and practical experience. The product is a book that is extremely useful to both academics and practitioners in a number of fields. Many of the contributors to his commentary also contributed chapter to a 2009 publication Should we consent: Rape Law Reform in South Africa edited by Lily Artz and Dee Smythe if dont already have a copy of this book I suggest you acquire one as a companion to Commentary as it provides an invaluable analysis of the fascinating reform process and debates that led to the current enactment of the Sexual Offences Act.

I have not done justice to any of the five books we are here to celebrate this evening I hope you will all take the opportunity to browse through the books and talk to the editors and authors. In respect of the edited volumes I have not mentioned all the contributors as there are simply too many. They are not only members of the department of public law, but include a significant array of social scientists, legal practitioner and academics -both local and international. The African continent is well represented. This I think speaks to the talent and reputation of both editors and authors and as a Faculty of Law we are privileged and delighted to be able to celebrate that talent this evening.