Private Law in a Changing World honours the work of Professor Danie Visser and celebrates his return to research after almost a decade as Deputy Vice-Chancellor of the University of Cape Town. It considers the ways in which the law of obligations has evolved in response to external forces in both the recent and remote past – or, to switch perspectives, the high degree of internal coherence and continuity which it has maintained over time despite the operation of such forces.

Leading scholars of legal history and private law from six jurisdictions consider topics drawn from across the law of contract, delict/tort and unjust/unjustified enrichment.

Their insights shed light on contemporary debates around the world regarding the value of doctrinal scholarship, and on the debates regarding the decolonisation of private law currently unfolding in South Africa.

The advent of globalisation has increased complexity for organisations, extending supply chains across large geographical areas, making them longer and more difficult to manage than ever before. Megatrends such as global economic shifts, increased consumer awareness, the rise in information technology, global pandemic outbreaks and climate change highlight a range of new challenges facing business. Strategic logistics management takes a systematic approach to managing the entire flow of materials, information, services and finance from raw material suppliers through manufacturing and warehousing, to the end user.

Logistics management covers the operational and strategic aspects of all the components of business logistics from a supply chain management perspective. It focuses on the integration of all business processes that add value to the customer. Terminology is clearly explained, and the main points are illustrated with practical examples.

South Africa's property law teachers have been convening annually since 1985 to exchange ideas, subject their work to peer scrutiny and build a collegial network. Over time, the agendas of the annual meetings became snapshots of the development of a discipline. In celebration of the 25th anniversary of this meeting, the property law teachers' colloquium was expanded into an International property law conference, giving South African property law teachers an opportunity to exchange their ideas on a much broader platform, with some of the world's best property law scholars and teachers. Property law under scrutiny brings together pieces that give an overview of property law twenty-five years after the establishment of the South African property law teachers' colloquium. A recurrent theme in all the contributions at the conference, and the ones included in this publication, is the tension between well-established principles of property law and the policies that drive legal development in the field. The topics addressed are organised into four themes, as follows: The first cluster relates to an age-old issue in conventional property law: The accession of movables to immovables; The second cluster concerns the centrality of the real agreement in transfers and in the real security context; A third cluster deals with questions about the public law aspects of property; The fourth cluster captures some of the dilemmas and challenges concerning the abandonment and neglect of property. It ties together the underlying concerns aired in debates about the conventional property rules and issues surfacing in the crossover between private and public law, and the role of property law principles. In capturing the interaction between South African and international scholarship, Property law under scrutiny serves to introduce a new era in this developing discipline. Teachers and practitioners of property law, locally and internationally, will find this to be an invaluable resource.

Graduate education and employability stand as the foundational cornerstones of social and economic progress for any nation. These encompass a spectrum of accomplishments, competencies, and individual qualities that significantly enhance graduates' prospects of securing employment and excelling within their selected careers.

Gaining work experience offers young individuals a chance to actively participate in a professional environment, enabling them to grasp the dynamics of the working world, which differs significantly from the school setting.

Simultaneously, it presents businesses with the prospect of enhancing their visibility within the local community and playing a role in shaping the future workforce.

A Reasonable Man: Essays in honour of Jonathan Burchell is a collection of essays published in honour of Jonathan Burchell in recognition of his commitment to the academe and his strong sense of loyalty to the institutions in which he has worked, particularly to students and colleagues.

The breadth and impact of his research in the fields of both delict and criminal justice are attested to by the esteemed multidisciplinary scholars who contributed to this work.

Clinical legal education (CLE) is a springboard for entry into legal practice, preparing students for the professional challenges they will face after completing their studies and embarking on their legal careers.

In her eight years of conducting research on CLE in South African universities, the author has found that the most urgent needs are in the area of student assessment. Designing a curriculum with assessable content is therefore essential for clinicians who, in certifying students’ capabilities, are the gatekeepers to practice.

This book identifies curriculum requirements across a number of jurisdictions and proposes a menu of assessment methods which may enhance the choices of assessment methodologies available to South African university law clinics. It also covers the setting of parameters for assessment, grading, grade descriptors and moderation systems, and discusses different forms of tests, assignments, essay and oral examinations, as well as self- and peer-evaluation, peer editing, case portfolios, and trial advocacy skills. The book addresses challenges such as clinicians’ heavy workloads and differing levels of experience in supervision and assessment. It discusses challenges students face and presents solutions enabling clinicians to help them depending on their individual experience and needs.

Also discussed are the potential conflicts between the needs of students and those of the local community being served by the law clinic.

Although the aim of this book is to find appropriate assessment methods for CLE, the effectiveness of an assessment programme can only be determined when measured against a curriculum. The proposed curriculum is therefore measured against the identified assessment criteria.

Practising Learning and Development in South African Organisations 4e offers an outcomes-based, occupation-directed and work-based L&D approach to workplace learning design.

Integrating theoretical and practical perspectives, this book gives a comprehensive overview of the National Skills Development Framework. It further presents a new chapter on online learning design which caters to the needs of a digital society.

Key Benefits:

• An updated overview of skills development legislation and the implications for workplace learning design, delivery, assessment, evaluation and quality assurance in the South African context
• Insight into the psychology of adult learning, motivation and performance
• Guides students and L&D professionals through the classical Dynamic Learning Cycle
• Practical guidelines for both modern online learning design and outcomes and work-based learning design, delivery, assessment and evaluation
• Explores the dynamics and methods of effective learning and development needs analysis, and how a needs analysis informs the workplace skills plan
• Explores L&D management from an HRD strategic and value-adding perspective
• Guides L&D professionals regarding the profession, ethical standards and values, and their continued professional development

Known and accepted as the leading textbook in its subject area, Clinical Gynaecology is now in its sixth edition. The content of this new edition has been completely revised and updated to include the latest research and it continues to provide a comprehensive review of the field of gynaecology.

This book examines sexual contact and abuse from a purely scientific and medical perspective.

The book covers:

• the recently updated and relevant legislation
• the sexual biology (anatomy and physiology) of the body, especially related to understanding medical aspects of injury and sexual contact, how and when injuries are caused, and how these relate to findings and their consequences
• the critical aspects of medical forensic examinations including incident history, clinical examination technique, medical findings, evidence collection, special laboratory investigations and medical reports for court

The cadre of forensic nursing as a professional scope of nursing has recently been accepted by the Nursing Council and is now beginning to emerge, and legally in this country such nurses are now allowed to examine sexual abuse cases, issue reports and give testimony provided they undergo an accredited training programme in sexual abuse medicine. In addition, medical and legal professionals need to understand, interpret, and present sexual medical evidence appropriately in sexual offences cases.

This book will serve as a ready reference for the understanding and interpretation of the sexual biology and medicine, both in the medical practitioner’s consulting room and the courtroom.

One of the key recommendations of the Review Report of the Task Team that reviewed the NCS curriculum was of prioritising the teaching of English First Additional Language (FAL), and its introduction into the curriculum from Grade 1. Research shows that many schools are delaying the introduction of English until Grade 3, which is the year before learners are expected to learn through English as the medium of instruction. Learners' proficiency in English by the end of Grade 3 is not always sufficient for them to make the transition to English as the language of learning and teaching (LOLT) in Grade 4. Whilst policy states that English should be taught alongside mother tongue from Grade 1, in practice this is not happening. This can be attributed to the emphasis on mother tongue instruction but it is also due to widespread confusion about how additive bilingualism (teaching English and the home language in parallel) is implemented in practice. Teaching English as a First Additional Language: Guidelines for the Foundation Phase provides clear pedagogical steps and curriculum guidance to be used in teaching reading and writing in mother tongue and English in parallel. The book will provide clarity around the differences between home language instruction and the teaching of English as FAL. It will also provide clear support in implementing the policy spelt out in the curriculum documentation.

This accessible anatomy and physiology text covers the essentials of anatomy and physiology required by the curriculum for South Africa’s core nursing programmes. Its user-friendly design and layout assist in making a complex subject more manageable. Written in an engaging style, the book helps readers to:
- Learn the language of anatomy and physiology by explaining new terms clearly in the text and in a comprehensive glossary
- Understand the key anatomical structures and physiological functions
- Appreciate what happens during disease, with boxes throughout to highlight the clinical relevance, and more detailed explanations of chronic conditions such as diabetes, hypertension, obesity, and cancer
- Apply this knowledge in healthcare contexts

Support Material
The following material to accompany the book is provided free of charge online:
- Four additional chapters to help readers extend their knowledge (Physiological measurements, Principles of drug action, Nutrition, and Biochemistry
- A variety of self-assessment questions for every chapter

Anton Fagan has taught the South African law of delict for twenty years and has written extensively on the subject. Undoing Delict: The South African Law of Delict under the Constitution includes his ten best previously published articles and essays. They deal with a range of topics, such as wrongfulness, causation, pure economic loss, and defamation. Several of the contributions investigate the impact of the Constitution, or of certain Constitutional Court judgments, on the law of delict or a part thereof. In addition, Undoing Delict includes a previously unpublished essay in which Fagan develops a new explanation of what it means for intentional harm-causing conduct to be wrongful. Many of the views put forward in this book are controversial and their defence against contrary views is at times robust. But the aim throughout is to deepen or advance our understanding of important and interesting, and in some instances puzzling, aspects of the South African law of delict.

This book of friends (liber amicorum) is a tribute to Professor JC Sonnekus by colleagues and friends from Europe and South Africa to celebrate his more than 40 years in the academy and his contribution to law and its development. Authors from Belgium, the Netherlands, Germany and South Africa make contributions on the multitude of subjects and areas of jurisdiction to which professor Sonnekus contributed over the years. Subjects that are discussed, are divided under a general heading, the recognition and enforcement of judgments, prescription, uncertainty regarding common law rules and how the courts sometimes act in a law-making capacity, conditional cession and `who has the King's voice' - looking back at the convictions of the people and the legal convictions in the nineteenth century and how it could still lead to new insights. The law of delict leads to contributions on accountability of children, the law concerning liability in general and liability for an omission. The law of succession contains contributions on wills and trustees; the section on estoppel and enrichment touches on aspects of estoppel and the Turquand rule, as well as Ponzi schemes and pyramid schemes. International developments are discussed in the section on the law of marriage and family law with contributions on marriage contracts and the consequences of divorce under German law, general matrimonial property law in Europe and the influence of the Belgian constitutional court on family law. Insolvency law includes business rescue and the actio Pauliana and the law of contract contains a potpourri of contributions on the interpretation of contracts, perpetual contracts, evictions and independent warranties. The law of things (property) section contains contributions on property law and habitatio, credit security law, fragmented property, syndicated loans, servitudes and digital assets. This collection of essays concludes with two contributions on insurance law relating to self-steering and distance-steered vehicles and the sources of insurance law.

Trial preparation is a process that often commences immediately after the close of pleadings. It involves what may be categorised as: external procedural steps directed at the opposing litigant or third parties, such as requesting further particulars and replying to requests, making discovery and subpoenaing witnesses; internal acts of preparation, such as identifying the issues in a matter, determining the witnesses required to be called, preparing to lead and cross-examine witnesses and undertaking research on law. An extensive range of the steps to be taken are dealt with in this book. Where they involve matters of procedural and related law, the basic principles are set out and practical advice is given to assist in deciding when and how to use these legal procedures. Practical steps to prepare for trial are also dealt with in a manner that can be readily understood. To explain abstract concepts, several examples of pleadings in different types of actions (in an appendix) are used as illustrations.

The new constitutional order has brought about substantial changes to the application of property remedies in South African law. Property Remedies investigates the ways in which various property remedies have been developed by the courts. The book shows that the transformation of remedial possibilities needs to be informed by different contexts. The book argues that it is important to consider this jurisprudential challenge in developing property remedies that are suited to a new constitutional order based on a single system of law. Property Remedies covers the traditional common-law remedies used to protect property interests, such as the rei vindicatio, the actio negatoria, the mandament van spolie, the possessory action, the actio legis aquiliae, compensation for improvements, the prohibitory interdict and the declaratory order. The book also discusses constitutionally inspired property remedies such as compensation for expropriation, constitutional damages and non-expropriatory compensation for lawful state action. The book offers guidance on how to deal with the tension between preserving the existing common-law remedies, accommodating new statutory interventions and developing the current system of property remedies in line with the Constitution.

The recent introduction of the Consumer Protection Act revolutionised consumer rights in South Africa. Along with that, it also fundamentally altered the way in which businesses are required to treat their clients, imposing a new set of obligations – or at least a formalised set of responsibilities – that had been easily circumnavigated or simply ignored before. Marketing campaigns, returns policies, contracts, quality issues, and a host of business practices had to be reviewed and reappraised. Some businesses have done this, while many blithely continue as if nothing has changed, little appreciating the risks of non-compliance and – perhaps more importantly – failing to appreciate that treating consumers fairly is simply a sound business practice. This new work provides a comprehensive overview of consumer law – not just the Act – in a way that follows the typical chain of consumer transactions. It serves to guide, educate and enlighten the professional, the business person and the consumer alike. No business or professional adviser should be without it. Written by a leading specialist in the field, it is simple, clear, comprehensive, authoritative and accessible.

Public procurement law governs the acquisition of the goods and services that a state needs to fulfil its public functions. This area of law has seen tremendous development globally in recent years, and Africa is no exception. In many African countries there have been sweeping reforms in the regulatory regimes that govern public procurement. This trend shows no signs of slowing down. On the African continent, public procurement law is closely tied to pressing policy issues: from development plans to donor aid and international lending, to anti-corruption agendas and capacity challenges, to public finance management, enforceable remedies under the rule of law, and human rights. This book investigates a number of these themes to foster an understanding of public procurement law in the context of contemporary Africa. The authors of this collection, Public Procurement Regulation for 21st Century Africa, draw on their varied experience from scholarship, government, international bodies, NGOs and private practice to provide a range of perspectives that shed light on this vital field of law.

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.

Refugee Law in South Africa cutlines the existing law relating to refugees as reflected in South African legislation and its growing body of refugee law jurisprudence as at 2022, while also paying heed to relevant international law, which remains central to today’s regime of international refugee protection and international jurisprudence.

The topics covered in Refugee Law in South Africa include a detailed analysis of the refugee definition in South African law, the process of applying for refugee status determination, and the rights of refugees and asylum seekers.

The book examines how immigration law and refugee law in South Africa can be reconciled and concludes with durable solutions for refugees in South Africa.

Supervision of Local Government discusses the role of national and provincial governments in supervising the functions of local government. The book analyses the legal status of local government, which is entrenched and protected by the Constitution, and examines the powers of the national and provincial governments to supervise local government. Supervision of Local Government explores international practices in the supervision of local government and investigates general trends in the supervision of selected municipalities in South Africa. Shortcomings, inconsistencies and irregularities in the supervision of local government are identified. The book discusses the concept of `supervision' as it relates to local government in its broad sense, which includes monitoring, intervening in and supporting local government. Supervision of Local Government also explores the manifestation of the principles of cooperative government and subsidiarity in the supervision of local government by national and provincial governments. Cooperative government requires that the other spheres of government intervene in local government to assist municipalities in managing their own affairs, while the principle of subsidiarity requires that services should be rendered at the lowest possible level of government. Thus, the national and provincial spheres have a duty to support the local sphere of government in fulfilling this duty and this duty is analysed in the book.

This title is the first of its kind in South Africa. It comprehensively covers the South African tax and exchange control provisions which apply to local and foreign trusts. In addition to normal discretionary trusts, the taxation of the following types of trusts is covered: business trusts; charitable trusts; BEE trusts; employee share scheme trusts; offshore trusts; special trusts; asset protection; will trusts. The following types of taxes are also discussed in a trust context: Income Tax; CGT; Transfer Duty; Donations Tax; Estate Duty; International Tax; Transfer Pricing; VAT. The first-ever book exclusively covering the direct and indirect taxation of trusts in South Africa, including a chapter on the application of the exchange control regulations to both onshore and offshore trusts.