This book introduces students to the distinct legal traditions that make up the South African legal system.

The casebook on the South African law of persons provides clear and concise analysis of the facts and principles enunciated by the courts on the law of persons. It contains commentary and extracts from cases referred to in The South African law of persons.

Brutally dragged 780 metres beneath a taxi – a young woman’s inspiring story of survival, courage, and the will to live.

13 September 2011. The story would shock thousands and be remembered by many for years to come. It would be plastered all over the papers and continue to attract interest well after the shock factor of what happened had passed. Reports and articles would be written, and “facts”, as given to reporters by some of those involved and willing to be interviewed, would be recounted and repeated in all forms of public media over the months and even years that followed. And although these versions would generate widespread outrage, none was entirely accurate.

"The stories were about me. I was there. I am Kim McCusker - the girl who was dragged by a taxi. This, as I experienced it, is the true version of events."

Precedents for Applications in Civil Proceedings has been written to assist all, from aspirant novices to experienced practitioners.

The book contains more than 100 examples covering an extensive range of more than 50 subjects, with commentary on the requirements of applications and the identification of typical defences.

Precedents for Applications in Civil Proceedings comprises four parts: Part 1 - Introduction and General Guidelines: advice on drafting with emphasis on application papers; Part 2 - Generic Applications and General Matters: generic applications such as interdicts, reviews, appellate applications and the like; Part 3 - Procedural, Interlocutory and Incidental Applications Matters: An extensive range of interlocutory, incidental and procedural applications; Part 4 - Specific Substantive Applications: Comprising a wide range of subjects with commentary and precedents thereon.

The second edition of Criminal Procedure: Legislative Guide is intended for use by students studying criminal procedure.

The Guide is a useful collection of legislation that will assist students with studying, exam preparation and the answering of assignments. The purpose of the Guide is to equip students with the theoretical knowledge and applied skills, aptitudes and competencies necessary to analyse and solve issues and disputes arising from the adjectival process of South African criminal procedure as it applies to adult accused persons and child offenders.

The new edition deals with the new legislation affecting the law of damages, including the Road Accident Fund Amendment Act 19 of 2005, the National Credit Act 34 of 2005 and the Consumer Protection Act 68 of 2008. A large number of important Constitutional Court, Supreme Court of Appeal and High Court judgments and academic contributions since 2003 relating to most fields of the law of damages in both delict and contract are examined in the new editions.

Students will find this book invaluable in their study of Criminal Procedure. It introduces readers to the fundamental principles and values underlying this field of law and guides them systematically through the rules of procedure that apply in criminal cases.

Eric Morris’ Technique in Litigation has been of inestimable value to fledgling advocates and attorneys for four decades. The book is concerned with litigation in both the High Courts and the magistrates’ courts, and provides useful, practical guidance on all aspects of litigation.

The sixth edition of Technique in Litigation has been substantially revised and updated, resulting in a book that still captures Morris’ humour and timeless wisdom, while at the same time being thoroughly topical and practical for the modern lawyer seeking to become a courtroom specialist.

The book will be of value not only to young practitioners still learning the technique of litigation, but also to more experienced practitioners to verify and enhance their courtroom techniques.

The law of evidence is vital to each legal practitioner and forms part of the curriculum of every South African law qualification. It is compulsory even for some degrees not strictly confined to legal practice, such as certain police and related qualifications. However, the law of evidence is not considered an easy subject, especially not for persons who have never been inside a court of law.

In this work, academics with practical experience of the criminal justice system have selected a number of decided cases as well as statutes relevant to the law of evidence. Illuminating commentary is provided, which should assist any student of the discipline to get to the core of these texts. Due attention has also been paid to the constitutional aspects of the law of evidence.

Die bewysreg is onmisbaar vir elke regspraktisyn en maak deel uit van die leerplan van elke Suid-Afrikaanse regskwalifikasie. Dit is selfs verpligtend vir sommige grade wat nié tot die regspraktyk beperk is nie, soos sekere polisie en verbandhoudende kwalifikasies. Tog word bewysreg as ’n moeilike vak beskou, veral vir diegene wat nog nooit in ’n geregshof was nie.

In hierdie boek het akademici met praktiese ervaring van die strafregstelsel ’n aantal besliste hofsake sowel as wetgewing van toepassing op die bewysreg uitgesoek. Die insiggewende kommentaar wat voorsien word, behoort enige student van bewysreg tot die kern van die tekste te help deurdring. Behoorlike aandag word ook geskenk aan die grondwetlike aspekte van die bewysreg.

The South African Law of Evidence is the authoritative and comprehensive guide to the law of evidence in South Africa, combining the received wisdom of the past with the imperatives of the 1996 Constitution, and includes more in-depth discussion of such topics as hearsay, admissions and confessions, and privilege.

Constitutional jurisprudence and extensive use of comparative international case-law and literature broaden your understanding of the theory underpinning the nature and problem of proof plus this 3rd edition is more up-to-date and comprehensive.

This book provides candidate attorneys with the practical information that they need when starting articles.

The information in this guide bridges the gap between the university environment, where the emphasis is on theoretical knowledge, and the candidate attorney’s new working environment, where the emphasis is on the practical, hands-on application of this knowledge and learning fast! It covers the candidate attorney’s relationship with his or her principal, with counsel and clients, registering and ceding articles, issuing, serving and filing, the courts, how to prepare for applications and actions, being admitted as an attorney, ethics and etiquette.

Features and Benefits

• A practical handbook intended for the new candidate attorney covering everything from working with principals, counsel and clients, to etiquette, actions and applications
• Plain language approach

The 2nd edition of Criminal Procedure Workbook is designed as an aid in the study of criminal procedure and should be used in conjunction with the prescribed textbook. It is easy to use and facilitates learning through practical, real life scenarios. In particular, it hones in on the areas where students need assistance when preparing for tests and exams.

The practical and straightforward solutions will give students a better understanding of the subject as well as enable them to improve their results.

The bestselling title in the Oxford Quick Reference series, A Dictionary of Law is an essential reference work, described by leading university lecturers as 'the best law dictionary' and favoured by law students and legal professionals alike. The tenth edition features over 4,900 clear and concise definitions on major terms, concepts, and processes within the English legal system, and is a useful source of information for any of the many countries that base their legal system on English law. It includes more than 120 new entries, including acid attacks, lasers, Nightingale Courts, Northern Ireland Protocol, and retained EU Law. Many of the new and revised entries reflect changes brought about by Brexit and the Divorce, Dissolution and Separation Act 2020. There have also been significant increases of coverage in the areas of constitutional law, medical law, and employment law and professional regulation. Updated web links complement the text and lead to a dedicated companion website for further reading materials. The dictionary also contains a guide to legal writing, and a citation guide drawn from the Oxford Standard for Citation of Legal Authorities (OSCOLA).

English
The second edition of this bilingual Criminal Procedure Casebook provides the reader with excerpts of judgments that illustrate the most important aspects and underlying principles of South African criminal procedure. It also contains a section on international and transnational criminal matters. This edition includes new topics such as the accused’s capacity to understand proceedings (mental illness and criminal matters), undue delays in criminal matters and child justice.

A summary of the facts and important issues precedes each case excerpt. The excerpts are followed by a critical note evaluating and explaining the relevance and importance of the judgment. The method employed by the authors in their selection of cases reflects a principled approach to the subject. All introductory and explanatory notes are in English and Afrikaans, and Afrikaans judgments are followed by an English translation.

This book will be of invaluable assistance in the study of the dynamic field of criminal procedure. It can be used as a companion to the Criminal Procedure Handbook twelfth ed by Joubert (editor) et al.

Afrikaans
Die tweede uitgawe van die Strafprosesreg Vonnisbundel verskaf aan die gebruiker uittreksels uit hofbeslissings wat die belangrikste aspekte van en beginsels onderliggend aan die Suid-Afrikaanse strafprosesreg illustreer. Dit bevat ook ‘n afdeling wat internasionale en transnasionale strafregtelike aangeleenthede aanraak. Hierdie tweede uitgawe bevat nuwe onderwerpe wat insluit: die beskuldigde se vermoë om verrigtinge te begryp (geestesongesteldheid en strafregtelike toerekenbaarheid), onbehoorlike vertragings in strafregtelike verrigtinge en kinderstrafproses.

Elke uittreksel word voorafgegaan deur ‘n opsomming (in Engels en Afrikaans) van die feite en belangrike kwessies. Die uittreksels word gevolg deur ‘n kritiese aantekening (weereens in Engels en Afrikaans) waarin die belang van die uitspraak oorweeg en verduidelik word. Uitsprake in Afrikaans word gevolg deur ‘n Engelse vertaling. Die skrywers se keuse van uitsprake weerspieël ‘n beginselmatige benadering tot die onderwerp.

Die boek sal nuttig wees by die bestudering van die dinamiese gebied van die strafprosesreg. Dit kan saam met die Strafprosesreghandboek twaalfde uitgawe deur Joubert (redakteur) et al gebruik word.

In 2005, Fred van der Vyver, a young actuary and the son of a wealthy Eastern Cape farming family, was charged with murdering his girlfriend, Inge Lotz, allegedly bludgeoning her to death with a hammer as she lay on a couch in her lounge. The case against Van der Vyver seemed overwhelming. His behaviour at the time of the murder appeared suspicious and the forensic evidence seemed to prove his guilt.

And yet, in one of the most sensational and controversial murder trials in South African legal history, Van der Vyver's lawyers sought to turn the table on the police, accusing them of fabricating evidence and lying to the judge.

Now updated with the tale of the remarkable events that followed the judge’s verdict, prize-winning author Antony Altbeker takes you into the heart of the epic courtroom battle. His eye-witness account of the trial presents the reader with all the evidence and testimony while also placing it in the context of a society and justice system that are being stretched to breaking point.

Since 1994, Antony Altbeker has worked on issues relating to crime, policing and the criminal justice in government and in a variety of think-tanks. He is also the author of A Country at War with Itself and The Dirty Work of Democracy.

Crime scene investigation is a practical book dealing with the management, investigation, and control and processing of crime scenes, or scenes of incident, as they are now called. The book explains the important principles of continuity of possession and the importance of preventing contamination of the scene and evidence. It also focuses on the roles of experts and aids who can help investigating officers to solve complex and varied crimes. The book pays particular attention to the administrative process involved in the handling of evidence. This includes: The responsibilities of the investigating officer who has to deal with the incident; The various ways in which a scene of incident can be documented; The handling of people who may be present at the scene; The proper identification, collection, packaging and dispatch of evidence. Two of the unique features of the book is the introduction and explanation of a new investigation principle, namely the Lochner principle, and a new search method, namely the Lochner/Zinn search method.

Good lawyers have an ability to tell stories. Whether they are arguing a murder case or a complex financial securities case, they can capably explain a chain of events to judges and juries so that they understand them. The best lawyers are also able to construct narratives that have an emotional impact on their intended audiences. But what is a narrative, and how can lawyers go about constructing one? How does one transform a cold presentation of facts into a seamless story that clearly and compellingly takes readers not only from point A to point B, but to points C, D, E, F, and G as well? In Storytelling for Lawyers, Phil Meyer explains how. He begins with a pragmatic theory of the narrative foundations of litigation practice and then applies it to a range of practical illustrative examples: briefs, judicial opinions and oral arguments. Intended for legal practitioners, teachers, law students, and even interdisciplinary academics, the book offers a basic yet comprehensive explanation of the central role of narrative in litigation. The book also offers a narrative tool kit that supplements the analytical skills traditionally emphasized in law school as well as practical tips for practicing attorneys that will help them craft their own legal stories.

This concise primer offers an introduction to U.S. law from a comparative perspective, explaining not only the main features of American law and legal culture, but also how and why it differs from that of other countries. Gerrit De Geest initially focuses on the core characteristics of American law, such as the predominance of judge-made law, the significance of state law and the vital role that juries play in the legal process. De Geest then moves on to provide a succinct analysis of U.S. legal culture, before summarizing the principal differences in law and legal cultures around the world. Key features include: A thorough introduction to the main elements of U.S. law for international students A concise, accessible style illustrated with lively anecdotes and discussion of relevant foundational cases Explanation of the historical and cultural roots of law in the U.S. and other countries to provide context for differences. Students beginning LLM programs in the U.S., in particular international students, will find this primer invaluable reading. It will also be of interest to pre-law and comparative law students.

The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts.
Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork (who champions the original understanding of the Constitution) to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law.
Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people.

This book is the first South African work on this crucial new tool for the successful investigation and prosecution of crime.

It introduces readers to the biological principles of DNA and emphasises the importance of the chain of custody and pre-trial disclosure. It also looks at the process that a DNA-sample has to go through before a DNA test result can be produced, as well as an explanation of test result interpretation.

The meaning of a DNA match is explained, as well as aspects of population genetics, statistical calculations and DNA databases.

The European Union is unique amongst international organisations in that it has a highly developed and coherent system of judicial protection. The rights derived from Union law can be enforced in court, as opposed to other international organisations whereby enforceability is often far less certain. At the heart of the system of judicial protection in the European Union is the core principle of upholding the rule of law. As such, the stakes are high in the sense that the system of the judicial protection in the European Union must live up to its promise in which individuals, Member States and Union institutions are all guaranteed a route by which to enforce Union law rights. This book provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines the role and the competences of the Union courts and the types of actions that may be brought before them, such as the actions for infringement, annulment, and failure to act, as well as special forms of procedure, for example interim relief, appeals, and staff cases. In doing so, special attention is given to the fields of EU competition law and State aid. In addition it evaluates the relationship between the Court of Justice and the national courts through the preliminary ruling procedure and the interplay between EU law and the national procedural frameworks generally. Throughout, it takes account of significant institutional developments, including the relevant changes brought by the entry into force of the Lisbon Treaty and the amendments to the Statute of the Court of Justice of the European Union and the Rules of Procedure of the Court of Justice and the General Court. Previously published as The Procedural Law of the European Union, this thoroughly revised work will continue to be the first port of call for legal practitioners and academics seeking guidance on the system of judicial protection in the EU.

The Supreme Court of Namibia: Law, Procedure and Practice, written by the Deputy Chief Justice of the Supreme Court of Namibia and author of Namibia's first ever civil procedure title, covers all aspects of Namibia's apex court's procedure and practice. The Supreme Court of Namibia: Law, Procedure and Practice covers both the criminal and civil practice of Namibia's Supreme Court. The book is systematically organised, covering the background to the legal system, general principles related to civil and criminal practice and procedure, prosecution of an appeal, duties of parties to litigation, challenges experienced by courts during litigation as well as the granting of costs as a post-hearing order. The author provides practical examples of how the court's appellate, review and first instance jurisdictions are exercised.

A Practical approach to Criminal Procedure in Botswana explains the basic principles of the law of criminal procedure in Botswana in plain and concise language. Aspects of the law of criminal procedure are analysed with an emphasis on their practical application, and with reference to recent case law and legislation. The author also discusses the rights of the accused at each stage of the criminal justice process. A Practical approach to Criminal Procedure in Botswana provides comprehensive, analytical and up-to-date information for judicial officers, legal practitioners, law students, academics, law enforcement officers, researchers, paralegals and those involved in the administration of justice.