Mineral Law: Principles and Policies in Perspective provides a unique look at the context of current mineral law. It examines the system introduced by the Mineral and Petroleum Resources Act 28 of 2002 by juxtaposing it with preceding generations of mineral law. It deals with the regulatory and proprietary aspects of mineral law, the constitutionality of the transitional provisions introducing the new mineral law order, its continuity with former generations of mineral law.

This book meets the need of scholars and practitioners for an accessible text that provides a broader view of the origins, roles and functions of current legislation on mineral resources.

Content:

• Foundations of Mineral Law
• Piecemeal Regulation in the Colonial and Union Eras (ca 1860 to 1964)
• Regulation of Mineral Resources from 1964 to 1991: ‘Conferral’
• The ‘Custodianship’ Model (Regulation in Mineral Law since 2004)
• Implications of the Systemic Change in Mineral Law
• Lessons from the Past for the Present
• Figures Outlining the Key Mineral Events in South Africa
• Maps Showing Mineral Deposit Areas in South Africa both Past and Present

McKenzie's law of building and engineering contracts and arbitration is an essential reference for those connected with the construction industry. It is the leading reference work dealing with South African contract law relating specifically to engineering and building contracts.

This is the first book to explain the law applicable to the updated Joint Building Contracts Committee (JBCC) Principle Building Agreement (6th edition, 2014) and the Engineering General Conditions of Contract for Construction Works (2nd edition, 2010), which are both annexed to the book and extensively cross-referenced to assist the reader. The book also cross-references the relevant clauses of the FIDIC Contract Agreement (1999). Disputes arising out of building contracts are often referred to arbitration for solution.

This work therefore deals with the effect of the Arbitration Act 42 of 1965 and the Association of Arbitrators Standard Procedure Rules, which are also reproduced as annexures in the book.

Few professions are free of the need to understand accounting, least of all the legal profession. Legal finance is a category all on its own, because attorneys are expected to keep trust accounts for most of their clients, deal with conveyancing and understand the issues around shared accounts, whether at corporate or domestic level.

Legal Accounting deals with the fundamentals of accounting, such as debits and credits and how income statements and balance sheets are created. The book also takes you through the transfer journal, bank reconciliations, VAT, correspondent accounts, accounting in conveyancing matters, legislation applying to attorneys’ accounting and partners’ capital accounts. Easy-to-understand examples clearly explain the principles involved.

The second edition of Corporate Governance In South Africa addresses the changes in the corporate governance landscape in South Africa brought about by the King IV Report on Governance for South Africa, 2016 and changes to several international codes.

Corporate Governance In South Africa covers the following areas: the corporate governance framework in South Africa, comparisons with various international corporate governance frameworks, and contemporary governance issues. The book also offers a corporate governance implementation guide.

Examples of failed corporate governance practices, both local and international, are provided throughout the book, seeking to illustrate the importance of effective corporate governance practices by companies.

From 1 May 2011 company law in South Africa was dramatically altered: the 1973 Act which had governed companies for the life-times of most business people and lawyers in South Africa was replaced by the Companies Act of 2008, as amended in March 2011.

A new era of company law dawned, and with it a host of new concepts, rights, remedies, obligations, procedures and sanctions were introduced. These fundamentally affect the way that every business operates and the advice and practice of every lawyer, accountant or other professional adviser.

This title, the first to cover the new Act and the new regulations, provides the hand-holding, the insight, and the understanding that business and their advisers require in order not to be wrong-footed by the new regime.

Business Transactions Law, now in its ninth edition, addresses fundamental questions about business transactions: When is a transaction recognised as binding at law? If a transaction is binding, what is its legal effect? Are there any circumstances in which a party is excused from carrying out his side of a transaction? What legal redress does a party have if his opposite number fails without excuse to do what he has promised in terms of the transaction? Apart from this redress, are there any other legal means available to a party to ensure that he receives what he has been promised by the other party? Finally, what is the position if a party, due to financial difficulties, is unable to carry out or complete his side of the transaction?

The objective, as with previous editions, is to meet the needs of students and others taking their first steps in the complex field of business transactions law. The aim is also to cover a significant part of the syllabus recommended by the South African Institute of Chartered Accountants.

New legislation and case law are included in the ninth edition. The chapters on Interpretation and Credit Agreements have been re-written and other chapters have been revised wherever necessary to reflect legislative changes or developments in the case law.

The ninth edition of Business Transactions Law has approximately 200 new case summaries.

This bilingual casebook assists undergraduate students in the areas of law dealing with partnerships, companies and insolvency. Generally, cases have been reproduced in their entirety to show students the various sections that make up a reported case. In more complicated cases the relevant facts have been summarised and the most important parts of the judgment reproduced.

This book provides a thorough analysis of the state of collective bargaining in South Africa today. Drawing on extensive empirical research, it examines the processes which have shaped the collective bargaining system, as well as identifying some crucial questions hanging over its future. Collective bargaining is approached from legal, sociological, economic and historical perspectives, thereby giving a multifaceted view of the system.

While the country's unique history may have left trade unions and bargaining councils in a position of relative strength, it is argued that global market forces - manifested in trends towards non-standard employment and other changes in the job market undermining traditional bargaining relationships - pose a serious threat to these institutions. Trade unionists acknowledge that new strategies are needed to meet these challenges, and many employers see the value of stable bargaining relationships.

The book considers empirical data and initiatives developed by trade unions and employers around the world and raises some policy options that might be considered in seeking a way forward. Ultimately it is up to the parties to debate and negotiate improvements to the legal institutions within which collective bargaining takes place. This book will go a long way to stimulating and informing the debate.

The Companies Act (No. 71 of 2008), as now amended by the Companies Amendment Act (No. 3 of 2011), introduced many concepts, principles and rules that were foreign to South Africa's common law. However, the new Act does not indicate clearly to what extent it replaces the common law. Corporate Law For Commerce Students is thus a much-needed guide to the structure and fundamentals of the new company regime.

Corporate Law For Commerce Students covers three types of business venture, namely partnerships, companies and close corporations, which each carry different rights and obligations, and ultimately liabilities, for the entrepreneur. It discusses, inter alia, how to choose the right option for a specific business; the partnership concept, the establishment of a legal personality; compliance, transparency and accountability; shares, securities, stock and debt instruments; fundamental transactions, takeovers and offers; business rescue and compromise with creditors; and termination and dissolution - all within the framework of the new Companies Act and the common law. It includes figures, tables and mind maps to clarify each topic, and provides assessments at the end of each chapter.

Corporate Law For Commerce Students is aimed both at students who are studying Commercial Law, Business Entities or Corporate Law and practising accountants and auditors.

This book provides a detailed, yet simplified reference to the general principles of the Law of Contract and specific contracts, other commercial transactions and corporate law.

How may an employer effect a dismissal that does not fall foul of the law? What is an unfair labour practice? How and when does an employer discipline an employee? How do you formulate charges? How do you prepare for an arbitration?

The answers to these and other questions can be found in this book, which aims to alert both employers and employees of their respective rights and how these rights can be enforced and protected.

This book is not an arid reflection on labour law. It is an attempt to initiate a sound understanding of the basic principles of labour law and to instil a practical approach to work-related issues. Any person, whether an employer or employee, who needs to understand labour issues without being burdened by esoteric legal principles will find this book helpful.

In an increasingly globalised world, despite reductions in costs and time, transportation has become even more important as a facilitator of economic and human interaction; this is reflected in technical advances in transportation systems, increasing interest in how transportation interacts with society and the need to provide novel approaches to understanding its impacts. This has become particularly acute with the impact that Covid-19 has had on transportation across the world, at local, national and international levels. Encyclopedia of Transportation, Seven Volume Set - containing almost 600 articles - brings a cross-cutting and integrated approach to all aspects of transportation from a variety of interdisciplinary fields including engineering, operations research, economics, geography and sociology in order to understand the changes taking place. Emphasising the interaction between these different aspects of research, it offers new solutions to modern-day problems related to transportation. Each of its nine sections is based around familiar themes, but brings together the views of experts from different disciplinary perspectives. Each section is edited by a subject expert who has commissioned articles from a range of authors representing different disciplines, different parts of the world and different social perspectives. The nine sections are structured around the following themes: Transport Modes; Freight Transport and Logistics; Transport Safety and Security; Transport Economics; Traffic Management; Transport Modelling and Data Management; Transport Policy and Planning; Transport Psychology; Sustainability and Health Issues in Transportation. Some articles provide a technical introduction to a topic whilst others provide a bridge between topics or a more future-oriented view of new research areas or challenges. The end result is a reference work that offers researchers and practitioners new approaches, new ways of thinking and novel solutions to problems. All-encompassing and expertly authored, this outstanding reference work will be essential reading for all students and researchers interested in transportation and its global impact in what is a very uncertain world.

Collective Labour Law is the most thorough and comprehensive book available on the law governing the relationship between organised labour and employers in South Africa.

The book covers topics such as the recognition of trade unions as bargaining agents, how organisational rights are acquired and lost, the collective bargaining process, strikes and lock-outs.

Copious examples from case law give the reader insight not only into the law but also into the events that led to conflicts which ended up in the courts. The book is written in the clear and readable style for which the author has become acclaimed.

Collective Labour Law is part of a quartet of books by John Grogan that covers the entire field of labour law as it has developed in South Africa to date. The book is also available in digital format, which offers subscribers ongoing quarterly updates.

This book is the most comprehensive and up-to-date source of information about ways in which consumer activism has reshaped the economic and political well-being of citizens in the United States and around the world. This all-encompassing collection of information about consumer activism and the consumer movement will provide students, public officials, business groups, and other activists with a one-stop source of facts and insights. The contributors explore hundreds of major consumer protections that have significantly enhanced the quality of life and safety for all Americans, showing how these protections were won through the skillful and determined work of leading activists and activist organizations. Many of the stories told here are related by the activists themselves, often for the first time. More than 140 entries offer a comprehensive treatment of the consumer activism of specific organizations, their leaders, and strategies. The book also includes more than 40 entries about consumer movements in Europe, Asia, Africa, and Latin America. A timeline of key events and a listing of the most important books on the subject of consumer activism help provide context for the individual entries as do two introductory essays. Cross references in each entry establish linkages among topics. Provides the single most comprehensive source available of information about consumer activism and advocacy Shows how activism has influenced laws and regulations affecting more than 40 consumer issues Shares personal accounts from activists about their work on these issues Details information on U.S. national consumer organizations and many state and local consumer groups, including their goals, strategies, leaders, finances, and impact Offers insights into the ways consumer activist groups have interacted with other nonprofits, policymakers, regulators, and business groups

Contract: General Principles examines the concepts, principles and rules relating to contracts, and considers the jurisprudential, constitutional, and social context in which contract law operates. The authors’ expert analysis and exposition of the legislative and common-law principles underlying the law of contract provides a rich, illuminating reading experience for legal practitioners, law students, and members of the general public interested in the subject. The authors explore the theoretical basis and structure of the South African law of contract and discuss the role played by the courts – which includes discussions of the latest court decisions and other sources of reference – in the interpretation and application of these rules and principles. Where the law is not settled, divergent opinions are considered and solutions offered, often referring to foreign jurisdictions.

The sixth edition of Contract: General Principles highlights the importance of the Consumer Protection Act in relation to the construction and conclusion of contracts, and includes a discussion of new developments in the electronic age, including the use of smart contracts and their application to various aspects of contracting. Close attention is paid to the influence of constitutional jurisprudence and the role of good faith and ubuntu in the formation and enforcement of legal agreements, or as informing the application of the public policy standard. The treatment of the practical application of this standard in the context of agreements in restraint of trade has also been significantly expanded.

While the book’s basic approach has been retained, the chapters have been substantially refined and reworked with a sharper focus on the applicable principles and rules.

The use of economic theory and economic evidence in competition cases, their appropriate interpretation, meaning, impact, usefulness and validity are among the most challenging issues that judges and legal practitioners are facing in their daily decision-making. Notorious questions of, for example, how courts, practitioners and other decision-making bodies should employ economic evidence and what weight (and credibility) should be attached to such evidence where different experts offer different suggestions are among the most complex ones. This book, while addressing such questions, provides tools for judges, scholars and legal practitioners to employ economic evidence in a more effective, optimal and predictable way so as to overcome the identified, EU-wide obstacles in enforcing current EU competition law.This edited volume addresses the importance, implications, practices, problems and the role of economic evidence in EU competition law. It includes contributions on the use of the economic approach in the application and enforcement of EU competition law in different EU countries, candidate member states and third countries. The book features scholars who are experts in the field of competition law and economics as well as several of the most prominent European judges who provide first-hand information on the use of economic evidence in practice. The book is not limited to a particular subfield of competition law, but covers the area of competition law at large, including state aid. This reflects the fact that also the European Commission has gradually expanded the application of the economic approach to all areas of competition law.

Employment Rights forms one volume of a quartet by the author, which together covers the entire field of labour law as it has developed in South Africa to date. This volume deals with relations between employers and employees from the commencement of employment to its termination, and highlights the drastic inroads which have been made on the managerial prerogative by legislation, in particular the Basic Conditions of Employment Act, the Labour Relations Act and the Employment Equity Act.

The reader will find detailed discussion of the employment contract, unfair labour practices, unfair discrimination and affirmative action, unemployment insurance and skills development.

The book is written in the clear and readable style for which the author has become acclaimed, and each topic is copiously illustrated with examples drawn from the case law.

Property in Minerals and Petroleum is the first major academic text to analyse the state-custodianship concept in South African law with emphasis on its application in mineral and petroleum law. As such, the book seeks to stimulate academic discourse about the impact of the incorporation of state custodianship in this field of law. The book considers the nature of mineral and petroleum rights in a state-custodianship model within a constitutional context. It clarifies the institutional regime change that lead to the regulatory context in which such rights now can be acquired, transferred or lost. The first chapter of Property in Minerals and Petroleum focuses on the constitutional imperatives for reform in mineral and petroleum law, and on the changing concepts of property and landownership that paved the way for transformation. Further chapters evaluate the pre-2004 mineral and petroleum law dispensation and address the current dispensation under the Mineral and Petroleum Resources Development Act (MPRDA). The section on the MPRDA focuses on the aims and objectives of the Act; the notion of state custodianship and its impact on existing property law; the meaning of the terms `mineral' and `petroleum'; the nature, content and regulation of rights to minerals and petroleum; the acquisition, transfer and termination of such rights; and various miscellaneous aspects that straddle existing property law principles and the regulation of minerals and petroleum.

A Restatement of the English Law of Unjust Enrichment represents a wholly novel idea within English law. Designed to enhance understanding of the common law the Restatement comprises a set of clear succinct rules, fully explained by a supporting commentary, that sets out the law in England and Wales on unjust enrichment. Written by one of the leading authorities in the area, in collaboration with a group of senior judges, academics, and legal practitioners, the Restatement offers a powerfully persuasive statement of the law in this newly recognized and uncertain branch of English law. Many lawyers and students find unjust enrichment a particularly difficult area to master. Combining archaic terminology with an historic failure to provide a clear conceptual structure, the law remained obscure until its recent rapid development in the hands of pioneering judges and academics. The Restatement builds on the clarifications that have emerged in the case law and academic literature to present the best interpretation of the current state of the law. The Restatement will be accessible to, and of great practical benefit to, students, academics, judges, and lawyers alike as they work with this area of law. The text of the Restatement is supported by full commentary explaining its provisions and roots together with its application to real and hypothetical cases. The Restatement appears as European private law takes its first steps towards harmonization. In providing an accessible survey of the English law, the Restatement will offer an important reference point for the English position on unjust enrichment in the harmonization debates. Also appearing shortly after the United States Third Restatement on Restitution and Unjust Enrichment, this Restatement offers an interesting contrast with American law in this area.

The Law of Corporate Finance discusses, from a company law perspective, the provisions of the Companies Act 71 of 2008 relating to the field of shares, securities, and corporate finance. There have, thus far, been few major decisions of the courts providing guidance on this technical branch of company law. The Law of Corporate Finance unpacks the complexity of this field of law, while also examining the Companies Regulations and the common law principles preserved by the Companies Act. It offers a lucid and comprehensive treatment of this notoriously difficult subject. The Law of Corporate Finance is written to provide guidance to a wide range of persons seeking a proper grasp of both the principles of corporate finance as well as their practical application - from the judiciary, legal practitioners and legal advisors to auditors and accountants, from company directors and company secretaries to academics and students, whether undergraduate or postgraduate. The major company law topics in the field of corporate finance are discussed and analysed in this book. A highlight of The Law of Corporate Finance is that it includes a discussion of the legal remedies available to investors when the rules relating to corporate finance have been flouted. A further highlight is the practical examples that illustrate how corporate finance rules work and their shortcomings in specific situations. Due to the rapid globalisation of corporate law, a treatment of the legal position in leading foreign jurisdictions has been included, particularly those that have moulded the provisions of the South African Companies Act. These include English law, US law, Australian, Canadian and New Zealand law. This unique perspective provides an invaluable insight into the interpretation and application of the corporate finance provisions of the South African Act. Anyone seeking to understand the complex corporate finance rules will find this book to be useful and illuminating.

Written by a specialist team of academics, judges and practising lawyers from the UK and abroad under the editorial direction of Dr Nicole Moreham and Sir Mark Warby, The Law of Privacy and the Media gives expert guidance for practitioners working on cases relating to privacy and the media, and will be of value to academics with an interest in this field. The first two editions of this book quickly established themselves as the leading reference works on the rapidly developing law of privacy in England and Wales. They have been frequently referred to in argument in privacy cases, and extracts have been cited with approval in judgments of the High Court and Courts of Appeal. Following the Leveson Inquiry, the laws and regulations governing the English media have come under intense scrutiny. This work has been revised and updated to incorporate discussion of both those debates and the continually changing landscape of privacy protection. The book offers an overview of English media privacy law, outlining key legislation and legal rules. It includes comparative perspectives and addresses current debates about the form and scope of modern privacy protection. The Law of Privacy and the Media provides detailed but accessible chapters on the various forms of wrongful publication of personal information, as well as intrusion into physical privacy, before considering justifications and defences, remedies and the procedure to be followed in such cases. This edition includes new chapters giving separate consideration to new media and harassment by publication. The Law of Privacy and the Media is essential reading for all those who act for or against the media or who have a general interest in the subject.

The Death of the Income Tax explains how the current income tax is needlessly complex, contains perverse incentives against saving and investment, fails to use modern technology to ease compliance and collection burdens, and is subject to micromanaging and mismanaging by Congress. Daniel Goldberg proposes that the solution to the problems of the current income tax is completely replacing it with a progressive consumption tax collected electronically at the point of sale.