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.

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.

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.

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.

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

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

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.

The investigations of accidents and incidents is a core part of the field of safety management and this book sees a discussion of accidents and incidents and the legislation relevant to preventing, investigating and reporting these incidents. The author also takes a look at accident causation theories, accidents and their effects, accident prevention and reporting. The economic impact of accidents and incidents warrants a commitment to understanding and preventing these accidents and incidents and this book provides the knowledge with which this can be achieved.

In this edition of Occupational Health and Safety Management, the authors aim at validating the concept of safety ownership and the application of safety excellence. The book highlights the roles and functions of a safety practitioner and focuses on the legal requirements and applications of providing a healthy and safe workplace. The authors discuss hazard identification, at-risk behaviour, and behaviour-based safety and risk assessment, through a health and safety management approach.

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.

Denis Cowen (1917-2007) is renowned for his work on negotiable instruments. Selected Essays presents readers with other facets of his life's work. His seminal essays and articles helped define areas of law such as constitutional law, environmental law, law of property and statutory interpretation. As a public intellectual in the liberal tradition, he spoke with great timeliness, insight and insistence, during apartheid, about the need for a court-enforceable bill of rights, academic freedom and pre-publication censorship.

Cowen on Law: Selected Essays spans more than 50 years of his lively, contentious and beautifully constructed texts. Leading legal thinkers introduce newly-accessible texts and provide us with a contemporary, evaluative lens. The book reveals to readers a fascinating mind. It also serves as an engrossing reflection on South Africa's legal past as well as the intersection of law and society.

This text provides students with a variety of case materials on different aspects of administartive law. Each chapter begins with a short summary of the law and the legal issues raised in the chapter, followed by extracts from case law. As far as possible, the latest case law is used.

The Business Analysts completely dissolves the perception that the IT industry dictates to businesses what IT systems they will use and dispels the myth that business users and IT technicians are from different planets. It suggests how to create an environment in which everybody works together in an exciting and refreshing way – a paradigm shift in the way business analysis projects are done.

The IT industry has to move to a point where it realises that the users of IT systems and the technical personnel are both equally responsible for getting the system to work. The users of the IT system should be an integral part of the team when the system is being put together. This, unfortunately, is not the norm within the industry. It is the business analyst’s responsibility, among others, to make sure that communication flows freely between all the parties involved.

This book gives the business analyst the tools and techniques to find out what the business users of IT systems really need and to guide the project to meet those needs.

Understanding Land Tenure Law contains a commentary on land tenure law in South Africa together with the three key pieces of legislation: the Land Reform (Labour Tenants) Act, the Extension of Security of Tenure Act and the Prevention of Illegal Eviction from Unlawful Occupation of Land Act.

The text explains key definitions in the law and provides useful, practical guidelines on land rights disputes. Understanding Land Tenure Law also sets out the nature and scope of legal protection available to occupiers of land and labour tenants, with a section on access to the courts, including the Land Claims Court.

This book was developed by Cheadle, Thomson and Haysom Inc under the auspices of the Department of Land Affairs' Legal Services Project of the Land Rights Management Facility.

This title is not merely a new edition, but a complete rewrite. It provides the reader with a thorough understanding of international income tax aspects from a South African perspective. Topics generally regarded as highly complex are dealt with in a practical way, and illustrated by relevant examples. These topics include: controlled foreign companies; foreign dividends; exchange controls; tax havens; intermediate holding companies; double-taxation agreements. Some features of this title include: a discussion of the 2010 Update to OECD Model Tax Convention and Commentaries as well as the 2010 SA Legislative amendments; a rewritten chapter on Trusts; a substantially expanded bibliography. Five new chapters added on: Taxation of individuals; Taxation of Companies and Dividends; Taxation of Partnerships; Cross-border VAT; and Interpretation of Statutes.