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. CLE Lecturers can download assessment forms, checklists and rubrics from the Juta Law website - visit https://juta.co.za/support-material/detail/clinical-legal-education for details.

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.

Mars: The Law of Insolvency in South Africa has established itself as a specialist work that has for decades been the guide for anyone who practices in this important area of law. The tenth edition of Mars: The Law of Insolvency has been revised by a team of eleven authors to include developments in the law of insolvency and associated areas of the law to give readers an up-to-date treatment of this important area of law. While retaining the proven structure of the previous editions, this edition aims at dealing comprehensively with all aspects of insolvency law. The latest edition retains references to landmark cases and articles in legal journals but also incorporates numerous new references to critical analyses of applicable legislation, case law, insolvency law reform initiatives and international developments in the field of insolvency law, enabling the reader to gain a proper understanding of the principles underlying the South African law of insolvency.

Occupational Health: Management and practice for health professionals explains the relationship between health and work as a two-way process.

This book is aimed at those completing the occupational health component of a basic healthcare programme or pursuing a career in occupational health practice. An update is needed as the research and legislation is dated and there are new developments in the field of environmental health.

The previous edition was published in 2016.

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.

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.

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 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.

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.

Governance & Leadership offers a roadmap to better governance – not just in terms of individual leaders but also by suggesting solutions to encourage a fertile and sustainable culture of worldclass leadership.

The world is currently experiencing a crisis in leadership – reflected in widespread public distrust and criticism, due to growing incidents of poor leadership and bad decision-making.

This is no different for South Africa. The Auditor Report has highlighted the need to strengthen leadership and governance capacities of most of the local government administrations by appointing qualified professionals and bridging the current skills gap. All this points to a serious need for not only formal education but also training, experience and, above all, inspiration in leadership across the nation, the continent and the world.

Governance & Leadership addresses this urgent need directly – and with a particular focus on the human aspects. Every success or failure can ultimately be traced to human attitudes and behaviours. Leaders’ values, and their ability to make good decisions, communicate well and work together, can make all the difference between failure and success.

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.

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.

Customer service is not a new topic in marketing. Although most marketing texts cover customer service in some form or another, the topic is generally not given the attention it deserves. In a society where customers are becoming more informed, more protected and more demanding than in the past, it makes good business sense to ensure that your customers receive a high level of customer service. After all, a happy customer is a satisfied customer, and a satisfied customer will remember the experience and purchase from you again and again.

Customer Service draws together the important issues regarding customer service. It addresses all the key elements which need to be considered when developing a service strategy for a business. The text is not only written with undergraduate students in mind, but also for the entire spectrum of businesses – both large and small – and for employees at all levels.

This book:

• Considers the topic of customer service within the context of its role in marketing strategy
• Stresses the importance and role of verbal and non-verbal communication
• Highlights the role that physical evidence plays in supporting a service strategy
• Addresses the causes of service failures and how to fix them
• Provides guidance on how to develop a service system
• Shows how technology can be used to enhance customer service
• Gives advice on how to develop and train staff to deliver exceptional customer service
• Addresses the important issues of quality, value, expectations and satisfaction and why they form the foundation of a service strategy
• Outlines the concept of customer experience management and how to apply it to a business

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.

Part of the Quantum of Damages series, the Quick Guide provides researchers with a compact guide aimed at quickly and easily categorising injuries and determining comparative quantum awards handed down in both the courts and in selected arbitrations.

Content:

• Cases contained in the latest revision service to Volume VIII of the Quantum of Damages
• Awards by category (spine and brain, head injuries, neck and back, upper limbs, lower limbs, hip, and pelvis, face, internal organs, the senses, multiple injuries, miscellaneous injuries/conditions)
• Combined alphabetical list
• Alphabetical list by volume
• 2024 CPIX Table (1946-2024) to upgrade historical awards
• Glossary of medical terms
• Medical diagrams

An introduction to Family Law in Zambia is an instrumental addition to the texts on Family Law in Zambia, it discusses key legislative reforms including the Children’s Code Act, the Anti-Gender Based Violence Act, the Matrimonial Causes Act of Zambia and the Marriage (Amendment) Act of Zambia. The book further discusses key Supreme Court decisions that have immensely transformed the field of family law. An introduction to Family Law in Zambia thus provides a comprehensive, up-to-date and reliable guide for students and law practitioners.

The book is designed to equip undergraduate students and students preparing for the legal practitioner’s qualifying exam with necessary knowledge required for family law practice. The book incorporates chapter summaries and provides a guide on approaching questions on family law to reinforce student learning

Entrepreneurship is a dynamic process constantly evolving through innovation, in that entrepreneurs devise profitable products and services that did not previously exist. This process requires entrepreneurs to have major skills in different business areas.

The second edition of this book is about entrepreneurship in the South African business environment, and about the entrepreneurial process. It highlights three main aspects, namely: the entrepreneurial part of starting and running a business; the marketing of products and services; and the financial aspects of a profitable and sustainable business.

In a practical and accessible way this book describes how entrepreneurs should arrange resources and activities in order for the potential business to operate as profitably as possible. The two aspects of marketing and finance are the most important functions of business that every entrepreneur needs to know in order to be sustainable both as a start-up enterprise and for long-term sustainability.

South African Law of Succession and Trusts: The Past Meeting the Present and Thoughts for the Future comprises papers that were presented at a conference held in September 2012 at the University of Cape Town. The conference participants examined the considerable developments that have occurred in the areas of succession and trusts. The book contains an interesting array of contributions that deal with aspects of `mainstream' succession and trust law. In addition, in keeping with the constitutional recognition of African customary law and different systems of personal law, several contributions deal with the relevance of African customary law and religious law in contemporary South Africa, as well as with the harmonisation of divergent legal systems.

Drawing on a rich and diverse legal heritage, Unjustified Enrichment provides a comprehensive and clearly structured exposition and an in-depth evaluation of the South African law of unjustified enrichment.

The book analyses each of the general elements of enrichment liability, and suggests a manageable way of dealing with the intractable problems that arise in the context of indirect or multi-party enrichment.