Chapter 8 of the Basic Conditions of Employment Act 75 of 1997, allows the Minister of Labour to promulgate minimum conditions of employment for employees in specific sectors or areas, in the form of Sectoral Determinations. Sectoral Determination 6 sets out minimum conditions of employment in the South African Private Security Sector, a sector employing over 500 000 active security officers, with 1 500 000 registered security officers, and over 9 000 active employer security companies. This book presents a non-legalistic commentary on the specific minimum conditions of employment applicable to persons employed in South Africa as security officers. The key provisions of the Sectoral Determination are covered in a systematic manner, with Key Point summaries at the end of each section. Understanding Sectoral Determination 6: Private Security also contains the text of the legislation. Understanding Sectoral Determination 6: Private Security forms part of the Juta's Pocket Companions series, to complement Juta's highly successful Pocket Statutes series.

The overarching vision of the 2050 Africa's Integrated Maritime Strategy is to foster increased wealth creation from Africa's oceans and seas by developing a sustainable thriving blue economy in a secure and environmentally sustainable manner. The Law of the Sea: The African Union and its Member States provides a first and firm foundation for an assessment and the further development of the legal aspects of ocean governance on the continent. It is an indispensable reference for all the role players in the African Maritime Domain, including agencies and governments, business, civil society, lawyers, scientists and students.

An introductory text for students and practitioners, this work explains the foundational concepts of tourism in South Africa, as well as the socio-economic and ecological impacts of the industry. It provides practical guidelines on accommodation, catering, transport, and attractions, while also addressing legislation and policies that affect the South African tourism industry. Diagrams and tables that complementing concepts, review questions and assignments, and a list of related websites are also included.

The increasing lack of discipline in South African schools and the impact thereof is well known. In most instances, existing punitive measures do not yield the required results. Yet, schools continue to scramble to find alternative punishments that will result in a disciplined environment conducive to teaching and learning. Albert Einstein rightly said: “Insanity is doing the same thing over and over again expecting different results.”

Restorative School Discipline: The Law and Practice seeks to provide an alternative approach to discipline. However, to implement this approach, a complete mind-shift is required. This mind set requires an understanding that to discipline learners is to teach socially acceptable behaviour. The restorative approach entails moving away from an approach that merely focuses on the ill-disciplined learner to an approach that focuses on preventing disciplinary problems, changing the culture of the school and restoring the harm done to those affected by the misconduct. The restorative approach involves focusing on finding solutions to address the needs and interests of all the role-players in the school community, rather than finding suitable punishments. Thus, focusing on the best interests of every learner as well as those of educators. Restorative discipline is a value-driven approach that respects the human rights of every stakeholder and also protects, promotes and fulfils everyone’s human rights.

This book explains the restorative approach to discipline in detail. The role of every stakeholder in the implementation of this approach also receives attention. Furthermore, it highlights the social justice implications as well as the impact of discipline on the neurological functioning and development of the child.

Restorative School Discipline: The Law and Practice provides practical advice for SGB’s, educators, school social workers and other role-players, such as the Department of Basic Education, on how to implement the restorative approach to discipline. It also examines the Constitutional imperatives and the legal framework related to school discipline. This ground-breaking book will provide guidance for school administrators, practitioners and academics on this innovative school discipline practice.

Perspectives on the Law of Partnership in South Africa examines the most problematic issues in the law of partnership. It investigates specific issues in the area of partnership law, painting a broader picture of all the other relevant areas involved. In following a `perspectives' approach - presenting a historical and a comparative perspective - the book offers a detailed consideration of complex areas of partnership law while at the same time exploring the law in general. Topics discussed range from the history and development of partnership law to perennial classical favourites such as the leonine partnership, the triple contract and universal partnership proper, all three of which contributed to the delineation of the partnership concept. Aspects of the law in general that are discussed in detail include: Legal status and its attendant entity and aggregate theories, representation and mutual mandate, partnerships en commandite, anonymous, limited and limited liability partnerships, the removal of the limit on the number of partners, partnership sequestration, the dual priorities rule. Perspectives on the Law of Partnership in South Africa is offered as a scholarly book for the subject specialist with the expectation that it will also invigorate interest in and advance research on the law of partnership.

South African law remains relatively silent on the legal aspects of pregnancy, and legal commentary is rather scarce too. While there have been attempts to address the gaps in the law in relation to specific issues in pregnancy, these attempts have usually favoured the individual protection of the unborn at the expense of pregnant women's agency and rights, which has given rise to a tension between female reproductive autonomy and foetal interests. In Pregnancy Law in South Africa, the author explores the question of whether it is possible to regard pregnancy in law as embodying both women and the unborn and whether the pregnancy can be construed in a way that it does not come to be framed as an adversarial relationship. Pregnancy Law in South Africa focuses on the issues of prenatal substance abuse, termination of pregnancy, violence that terminates a pregnancy, and the extension of legal personhood to the unborn. The author argues that pregnancy-related issues will never be adequately resolved unless the potential for an adversarial pregnancy relationship is removed and proposes a relational approach to pregnancy, centred on fostering relationships, in order to eliminate the potential for tension. The author contends further that a relational approach encourages imaginative and constructive possibilities for law reform efforts without sacrificing women's reproductive autonomy and rights or the recognition of the unborn. Pregnancy Law in South Africa provides a sound theoretical approach to pregnancy in law and its recommendations seek to promote healthy, rights-affirming pregnancies.

Applied Construction: Health and Safety aims to fill the gap between the theory and application of construction health and safety. It teaches users to manage construction health and safety through the practical application of knowledge and understanding the legal requirements for construction health and safety at work. It explores the implementation of health and safety management systems, the identification of workplace hazards, and methods of hazard control. The content of the book is developed and presented according to the following fundamental elements of a construction project as advocated by the South African Council for the Project and Construction Management Professions (SACPCMP).

Understanding Investment Law in Zambia deals with both the domestic law and international legal norms pertaining to foreign direct investment. A wide array of topics is covered in this book, including the contractual, legislative and treaty-based protections available to investors as they consider entrusting their capital to another jurisdiction. These protections are considered through the prism of the Zambian investment climate, and give a glimpse into both historical and current issues.

Transformative Property Law honours Professor AJ Van der Walt (1956-2016) - scholar, mentor, and teacher. As the first incumbent of the DST/NRF South African Research Chair in Property Law his primary research goal was to develop the theoretical foundations for the transformation of property law in post-apartheid South Africa. Covering topics that are at the forefront of global thinking on property law, Transformative Property Law consists of 20 essays by a combination of senior and young scholars from South Africa, the United States of America, the United Kingdom, Ireland, the Netherlands, Belgium, and Zimbabwe. The essays focus on the themes that Professor Van der Walt developed during the first 10 years of the research chair, namely: (a) the single system of law and subsidiarity principles; (b) the marginality principle; (c) the development of the common law of property; (d) constitutional property law; and (e) property theory. This volume also includes a list of all Professor Van der Walt's research outputs and a list of all the Masters and Doctoral students that he supervised during his career.

Written as a companion to Kleyn & Viljoen's Beginner's Guide for Law Students, this exciting new work takes students through the range of skills they will require throughout their studies and in practice. The material is presented in the same easy-to-use, fun and accessible manner that was used so successfully in the Beginner's Guide. Throughout, the authors use clear, simple language while never compromising on standards and accuracy. This book is available in English and Afrikaans versions.

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.

Muslim Personal Law in South Africa: Evolution and Future Status, the first South African book on the topic of Muslim personal law, introduces readers to the debate on the awarding of unique rights to specific communities. The recognition of Muslim personal law or Muslim family law has provoked debate within and beyond the Muslim community and has attracted the attention of religious scholars, academics and lawyers. The contributors to this volume touch on constitutional issues, concerns with the application of Muslim personal law by our courts, and the conflict between supporters and opponents of the draft Bill on Muslim Marriages. The non-recognition of Muslim marriages has compelled Muslim women who have suffered the dire consequences of divorce, maintenance and custody to approach the courts for relief. If Muslim personal law were to be recognised by the state, to what extent would it protect the rights of women? Will recent judgments establish precedents that might prove to be at odds with the draft Bill? This book provides fascinating insight into the evolution and prospects of Muslim personal law in South Africa.

Mediation in family & divorce disputes is intended as a handbook for mediators and clients who are involved with family and divorce disputes. It distills 20 years’ of priceless experience into a succinct and lucid handbook that will be invaluable to attorneys, mediators, social workers, psychologists and parties to disputes, helping clients to decide whether they would like to try to resolve their dispute through mediation and professionals to reflect on the fundamental principles and practical applications of their work. The goal of mediation is to enable clients to negotiate an effective settlement of their dispute, rather than necessarily reconciling – although occasionally that is a result of mediation. In a real sense mediation coaches clients to negotiate effectively. It is about helping clients to negotiate mutually acceptable, realistic and legal settlements of their disputes. Although the book is written in a South African context, the principles will apply and be of interest beyond South Africa and to all mediators and clients in mediation whether their primary focus is on family disputes or not. For mediators the book sets out to provide practical and theoretical guidelines for their work. The practice tips, further reading suggestions and references serve as an introduction to some of the work of leading mediators in the field for those readers who would like to develop a deeper understanding of the process. The book is also designed to be of use to those who have recently been trained as mediators or will soon be trained, as it complements the material usually presented in such training. For clients it explains what they can expect in the mediation process, tips as to what to look for in a mediator and what they can do to prepare for their mediation in order to get the most out of the process. Each chapter includes tips for mediators and for clients, as well as suggested further reading if you want to follow up in more depth on a topic covered in one of the chapters.

Health research has made spectacular strides over the past few decades. The value of health research is obvious and irrefutable. What is not so apparent is that people who participate in research may be harmed during the process. Africa prides itself in having some of the most respected universities globally. It is a continent of immense research potential. At the same time, Africa suffers from many of the health burdens of low-income regions. While it affords many research opportunities, this creates the potential for the misuse of power on vulnerable individuals and populations.

This book explores why participants in health research require protection. It also explains how ethical principles and the law can assist inter alia research ethics committees, researchers, funders and institutions at which research is conducted, to safeguard the rights and dignity of individuals contributing to the research enterprise. It engages with this imbalance and examines how well-intentioned aims of ethical health research can be achieved while simultaneously maximising the protection of research participants. It draws on local and international documents and expertise to inform the resolution of many ethical dilemmas and complexities that inevitably arise in health research.

Health Research Ethics: Safeguarding the Interests of Research Participants provides a solid understanding of the normative values for protecting research participants against exploitation, harm and wrong. Since research ethics is multidisciplinary, this book will be of value to a range of professionals and academics inter alia those from the health sciences, social sciences, and legal disciplines.

This handbook aims to provide a comprehensive overview of the mul¬ti-faceted art law within the legal framework applicable to South Africa. In four ‘phases‘, it provides answers to legal questions that arise from the initiation of an art project up to its exploitation. It is aimed at both law students who have an academic interest in an in-depth introduction to art law and practitioners from the art world, and is therefore equipped with numerous explanatory examples.

This edition gives full attention to the new constitutional context in which South African criminal law now operates. It also looks at the emerging culture of human rights and freedoms which has begun to generate a significant shift in perceptions of the "boni mores" of a new South African society. The law is stated as at June 1996, and references to the Constitution of the Republic of South Africa are to the final Constitution enacted in 1996.

The volume can be used as a stand-alone volume, or as a companion volume to Juta's Complete Textbook of Medical Surgical Nursing. Juta's Introduction to Paediatric Surgical Nursing is easy to read and content can be integrated into everyday activities in the paediatric surgical ward. Chapter features include: - Clear illustrations that show anatomical anomalies - Medico-legal and ethical considerations for conditions - 'Clinical alert', 'Nursing alert' and 'Practice alert' and 'Information' boxes that highlight important information - Pre- and post-operative care plans - Learner activities at the end of each chapter Juta's Introduction to Paediatric Surgical Nursing meets the requirements of the current nursing programmes and the proposed updates and is suitable as a prescribed textbook for learners registered in these programmes: Auxiliary nurse, Staff nurse and Professional nurse. It is also recommended as a reference for clinical nurse practitioners.

The second edition of Child Law in South Africa provides insight into the profound impact of recent legislative changes and developments in the associated regulatory frameworks, the judicial interpretation of ground-breaking case law, and the latest research findings in child law in South Africa. The work that has been done at an international level is also incorporated as far as possible within the confines of the topics addressed in this publication.

This new edition of Child Law in South Africa does not merely follow in the path of its predecessor: this publication includes 11 entirely new chapters and 11 ‘new’ authors – experts who did not contribute to the previous edition. Even the ‘revised’ chapters add value as they systematically and critically deal with new knowledge and enhance research.

Child Law in South Africa is written by 22 experts in the field, edited by Professor Trynie Boezaart, an internationally acknowledged researcher in child law, and independently peer-reviewed. The book reflects the enormous scope and dynamics involved in child law and is sure to encourage further debate and analysis.

Investigating Misconduct and Incapacity sets out practical steps to enable those initiating dispute procedures to compile and prepare relevant evidence for disciplinary enquiries and to structure that evidence for the best presentation of cases against offenders in the workplace.

Investigating Misconduct and Incapacity assists in properly conducting investigations and then interpreting the evidence discovered, collating the evidence effectively and presenting that evidence during the course of disciplinary hearings.

This book discusses the tools of discovery of evidence, offence categories for relevant charges and how to compile those charges. It describes various processes of collating the evidence into a comprehensible format and also addresses the prospects of legal intervention should the situation warrant it.

A dedicated and innovative teacher, a towering intellect, one of the leading criminal lawyers in South Africa, collegial, supportive and empowering, a veritable polymath, the ultimate free-thinker - these are but a few of the appellations used to describe John Milton. Over a period of nearly forty years John Milton has made an immense contribution to the South African legal terrain as a scholar, a legal practitioner, a teacher, a mentor and a friend. The exemplary scholar - essays in honour of John Milton is a recognition and celebration of this respected academic and his legacy. The high esteem in which he is held by his peers, former students, colleagues and friends, and the broad scope of his influence are reflected in this collection of essays. Though known mainly as a criminal lawyer, Milton's interest and influence have extended to property law, statutory interpretation, the administration of justice, delict, environmental law, human rights, legal education and even outside the law to history.

The proper protection of minority shareholders is a cornerstone of any well-developed corporate law system. Pivotal to the minority shareholder's armoury is the derivative action. Section 165 of the South African Companies Act 71 of 2008 introduces the new statutory derivative action, and entrusts the court with a key function as the gatekeeper to the derivative action. The courts have an important filtering function and may disallow applications for derivative actions that are frivolous, vexatious or without merit. The vital judicial discretion to grant or refuse leave to an applicant to bring a derivative action is the crux of the new statutory derivative action. The court is required to exercise its discretion with reference to three important but vague guiding criteria for the grant of leave to institute a derivative action. Thus the courts have been entrusted by the legislature to flesh out the details, the contours, and the practical application of these guiding criteria. This crucially endows the courts with a dominant and decisive role in shaping the effectiveness of this much-needed new remedy. The New Derivative Action under the Companies Act is primarily aimed at developing guidelines for the exercise of the judicial discretion in the field of the new statutory derivative action. It takes into account valuable principles gleaned from other comparable jurisdictions such as Canada, Australia, New Zealand, the United Kingdom and the United States of America. The book also discusses the overlap between the derivative action and the oppression remedy.