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.

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.

Drawing for Civil Engineering is a practical and up-to-date introductory text for engineering students. It covers fundamentals of drawing, as well as draughting practice and conventions. Although it is designed for students, it will also be useful reference for educators, draught people, practicing engineers, fabricators and contractors. Technical terms are explained in plain language, making it easy and enjoyable to read.

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.

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.

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.

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.

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.

State Commercial Activity - A Legal Framework analyses the state's conduct as a market participant from a legal perspective.

It focuses on the judicial control of such state conduct and puts forward a legal framework in terms of which to understand state commercial activity.

In a radical break with its past, democratic South Africa established a system of devolution that was confirmed in the 1996 Constitution. In reaction to a system of highly centralised government that had seen the abuse of power, spatial inequality and underdevelopment, Kenya has also opted for devolution. This system was embodied in the 2010 Constitution and implemented with the establishment of 47 counties after the general elections in March 2013. Devolution lies at the heart of Kenya's new constitutional dispensation and provides a means of addressing past injustices. The Kenyan Constitution largely copied the structure, approach and principles of provincial and local government from South Africa. Since the Kenyan system is still in the process of being fully implemented, Kenyan-South African dialogue on devolution compares the two systems with reference to their legal provisions. Comparing how the two systems have functioned is more difficult. However, the principal value of this comparison at this stage lies in the lessons that Kenya can learn from South Africa's 21 years of experience of devolution as Kenya proceeds with establishing its system: What routes to follow and what pitfalls to avoid. Kenyan-South African dialogue on devolution includes South African and Kenyan chapters on the reasons for devolution; the levels, number, size and character of devolution units; the demarcation of devolution units; political structures; powers and functions; finances; metropolitan governance; intergovernmental relations; marginalised groups; and transitional arrangements. This book is the first to discuss and compare the Kenyan and South African systems at length, and will be of value to other African countries that have embarked on devolution or decentralisation with the aim of curbing the centralised abuse of power and promoting political stability and development.

`Vulnerable workers' have not been adequately defined in South African jurisprudence, although they have been referred to in case law, and consequently the nature and scope of this concept remains unclear. There are also different categories of vulnerable workers in South Africa. This book introduces students and practitioners to the law and to the practical problems experienced by vulnerable South African workers: those suffering from depression or post-traumatic stress disorder, those who are discriminated against based on their weight or their appearance, those who have been bullied at work, or those who may have opted for gender reassignment. Marginalisation and other forms of prejudice against these workers are well known, but the manner in which we address these issues is not clear. Several other categories of workers, such as the sexually harassed, those living with AIDS, foreign workers, and sex workers may also be seen to be vulnerable (especially in the context of South Africa's history). Vulnerable Employees guides the reader through the basic principles of the law pertaining to the different categories of workers, and offers insight and guidance on the management of these individuals. The book sheds light on the most significant case law and applicable legislation, and proposes draft policies, where applicable. Complex concepts and legal and other relevant principles are explained simply and clearly, without using unnecessary and complex legal jargon. This makes Vulnerable Employees a suitable book for students, for those who provide general advice and assistance to vulnerable workers or their employers, and for those needing to apply this knowledge in a business environment.

This edition of Kernick's Administration of estates and drafting of wills follows the same approach that has made it, for nearly thirty years, so indispensable to busy legal practitioners and candidate attorneys. It sets out, in chronological order, the steps to be followed in administering deceased estates, of both residents and non-residents. In addition, the effects of the Moseneke and Bhe cases and the establishment of service points are dealt with in this edition. Forms, standard documents and specimen letters have also been updated.

This edition remains a practical guide for the student conveyancer and articled clerk and is not intended nor does it claim to be a legal treatise. Because of the enormous amount of information that exists around this field and the changes in conveyancing practice and procedure, this text restricts itself to the factors salient for the purposes of the conveyancing examination. Examples are given in conjunction with the relevant subject matter to facilitate reference.

The book provides a thorough but concise exposure to macroeconomics to post school students as well as those studying economics for the first time. Following an introduction that gives an overview of macroeconomics as well as a brief discussion of the main macroeconomic problems that societies face, the book then looks at national income accounting and economic performance. The book looks at the unemployment problem. There is also a discussion of aggregate supply and demand theory, and the role of that theory in explaining the determinants of aggregate economic output and employment. The problem of inflation and is also discussed. The reality that the economies of most countries are interconnected with that of the rest of the world is discussed under open-economy. The book then discusses economic growth in both the short-run and the long run.

International tax law: Offshore tax avoidance in South Africa provides a comprehensive analysis of some of the offshore tax-avoidance schemes employed by South African residents. The book offers a detailed and logical explanation of difficult international tax concepts, and critically analyses the effectiveness of South African legislation in curbing offshore tax-avoidance schemes. South African legislative provisions are compared with similar provisions in the United Kingdom and the United States of America, and international case law and tax treaty implications are thoroughly discussed. International tax law: Offshore tax avoidance in South Africa also addresses the recommendations of international organisations, such as the Organisation for Economic Co-operation and Development (OECD), which seek to prevent international tax avoidance. In this regard, the role of tax havens in encouraging international tax avoidance and the OECD initiatives to stifle their development are considered. The OECD's efforts to prevent base erosion and profit shifting are also examined.

In the past, the natural environment and business were often seen as competing interests. Now, world leaders recognise that the future depends on a new approach to business, operating in harmony with the environment. In Environmental Management – A business management approach, the vital connection between environmental management and business sustainability is clearly outlined.

The book gives students and practitioners insight into the impact business and lifestyle decisions have on the natural environment, and how this in turn affects the long-term sustainability of business. It also gives an overview of key environmental principles and the need to balance these with business activities.

Key Features/ Benefits

• clearly defined learning outcomes at the start of each chapter to help readers navigate the contents
• self-assessment questions at the end of each chapter to test the reader’s understanding of the material
• examples that are relevant to the South African business environment

Legal language, or 'legalese' as it is sometimes called, is a language that many people find hard to understand. This is because some of the words and phrases that lawyers and other legal experts use do not form part of regular everyday communication. However, when these experts speak and write using unfamiliar language it is often because they have to: 'ordinary' language cannot properly or accurately describe the often complex concepts and issues involved. This dictionary bridges the gap between the world of everyday language and the world of legal language. Users can access over 20 000 legal words, each of which is explained in plain English for the benefit of people without a legal background, as well as legal practitioners, law students and other members of the legal profession. The dictionary deals with the areas of criminal law, criminal procedural law and law of evidence, and is aimed at familiarising users with the use of legal language in a number of settings, including the courtroom. A trilingual publication, this English-isiXhosa-Afrikaans dictionary also contains a useful list of Latin terms and phrases, together with explanatory notes, as a centre insert. Synonyms, homonyms and polysemes are identified and explained, and the dictionary provides guidance on the use of abbreviations and how to cross-reference lemmas (headwords).