This second edition of Understanding the Basic Conditions of Employment Act has been updated to include legislative amendments and developments in the case law since the publication of the popular first edition in 2009. Over a period of many years, succes

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.

The Engineering Ethics in Southern African textbook has been written specifically for engineers in this geographical region. Not only does it provide an overview of moral philosophy and the various ethical approaches that can be applied in the engineering field, but it shares what it means to be a professional engineer in Southern Africa and provides insight into both professional and community expectations.

Local engineering case studies have been chosen to highlight ethical dilemmas and conflicts that can arise, and various ethical approaches have been applied to them to explain their cause and consequence(s).

Readers will find that this textbook not only provides them with invaluable knowledge for their careers as professional engineers, but that it will continue to encourage them to think ethically in their lives as professional engineers engaged in engineering projects and engineering activities.

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.

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.

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

Taxation of Legal Costs in South Africa provides clear and practical guidance on taxation of costs, which will assist in determining reasonable costs in line with the existing legal system. Taxation is about the quantification of legal costs and therein lies the crux of any costs issue. The book explains how the process of taxation exercises control over costs that are legally recovered so that fees and costs are reasonable. Taxation of Legal Costs in South Africa identifies the key aspects of costs and all aspects of taxation. It records and integrates the practices, rules, tariffs and judgments of court to provide a practical resource. The discretion that is applied in taxing bills of costs and the principles relied upon in reviewing taxations are discussed extensively. The book analyses maximum tariffs that legal practitioners may charge, which have a significant impact on both the public and the legal profession. The author also offers practical suggestions for solutions to challenges that arise in practice.

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).

The late Chief justice of South Africa, Pius Langa, was a remarkable man. He achieved so much in his life and touched many people with his quiet dignity, his generosity and his sparkling humour. As a lawyer, he had a profound impact on the establishment of South Africa's new democracy and the adoption of the country's Constitution. Through his work on the Constitutional court, he charted a path that would allow the country to reach what he called the 'vision of the Constitution'. As a man, he served as an example to many: He was strong, committed, empathetic, thoughtful and kind. A transformative justice: Essays in honour of Pius Langa and Acta Juridica 2015 pay tribute to this remarkable man and lawyer. The book has three sections: first, a series of personal tributes to Justice Langa; second, reflections on the work of the Constitutional court under Langa's leadership as well as aspects of his philosophy as a judge; and third, explorations of a variety of specific themes in his judgments, writings and speeches. The contributions to A transformative justice are written by eminent judges, academics and practitioners, many of whom worked closely with Langa. The book addresses a broad range of practical and theoretical topics, including transformative constitutionalism, judicial dissent, the role of the people in constitutionalism, and legal education, as well as the areas of customary law, contract law, delict, administrative law, criminal law and procedure, and the protection of rights to equality, freedom of religion and culture.

South African criminal law has accepted that it is only fair to punish those who - if they do wrong - are responsible for doing wrong. Responsibility - that the accused must be blameworthy - finds expression in several specific requirements of South African criminal law: voluntariness, fault, and, in particular, capacity, into which the `insanity' defence falls. The Responsible Mind in South African Criminal Law critically analyses these requirements, and includes an empirical component in this analysis. The book also identifies and critically analyses the underlying model of responsibility adopted in our law and considers the alternatives. The conclusion from the empirical component and critical analysis is that the specific requirements are unclear and even incoherent, and that this is a function of the underlying model of responsibility, which identifies random capricious and arbitrary conduct as responsible conduct. Alternative models of responsibility are discussed, and a `compatibilist' model of reason sensitivity is selected as a better foundation for criminal responsibility. The Responsible Mind in South African Criminal Law discusses the implications of adopting this model for the various specific requirements of South African criminal law and proposes appropriate modifications. Ultimately a new model of criminal responsibility and a revised set of specific requirements are proposed, together with a proposed new statutory test for responsibility.

The Law Of Banking And Payment In South Africa provides an explanation of some of the more important aspects of the law applicable to banks and banking in South Africa, along with the principles that govern payment and payment systems in this country.

The Law Of Banking And Payment In South Africa covers the following areas: a general introduction to banks and banking law; the nature of banking law and its sources; the role and function of the Reserve Bank and the various statutes that regulate banks; the bank–customer relationship; miscellaneous banking services provided by banks; general principles of payment; the law applicable to various payment systems; unauthorised cheque payments and unauthorised electronic funds transfers; international sale transactions; and bank guarantees.

The aim of the authors is to provide a text that is both accessible for students and other persons seeking to gain a basic understanding of the subject, and comprehensive enough to be useful to lawyers, bankers and those who work in the field of banking and finance.

Jopie: Jurist, Mentor, Supervisor and Friend - Essays on the Law of Banking, Companies and Suretyship is published in honour of Professor Jopie Pretorius, who will be retiring from his chair in banking law at UNISA at the end of 2017. The collection comprises personal tributes by family members, friends and colleagues, and academic essays that deal with banking law, company law and suretyship.

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 commemorative work marks the hundredth year in which law has been taught at the University in Pietermaritzburg. It details the history of the teaching of law in Pietermaritzburg, and gathers contributions from top academics connected in various ways with the Faculty in Pietermaritzburg. The title includes a diverse range of articles and 19 photographs.

Land Law and Governance: African Perspectives on Land Tenure and Title explores different ways of conceptualising secure land holding in Africa. The book brings together voices from different contexts, offering contrasting perspectives and methodological approaches. Land Law and Governance: African Perspectives on Land Tenure and Title also juxtaposes a range of political and academic viewpoints through theoretical discussions and case studies. The book thus opens up the discourse on forms of security of tenure in Africa, in a global context.

In hierdie werk word gekonsentreer op die gemene onderliggende beginsels van enersyds die verskillende vorme van saaklike sekerheidsregte waar telkens sprake is van 'n bepaalde saak as vermoensobjek waarop die skuldeiser 'n beperkte saaklike sekerheidsreg vestig en in sommige gevalle, danksy sodanige beperkte saaklike sekerheidsreg oor die aldus geidentifiseerde saak van die skuldenaar, 'n preferente en versekerde aanspraak op verhaal uit die opbrengs van daardie sekerheidsobjek het ter voldoening van sy uitstaande skuldvordering. 'n Skuldeiser kan andersyds ook met sy skuldenaar ooreenkom om vermoensobjekte, anders as die objekte van saaklike regte van die skuldenaar, as sekerheidsobjekte te identifiseer. Die vestiging van 'n saaklike sekerheidsreg verander nie die saldo van boedelbates van die skuldenaar waarteen sy skuldeisers verhaal kan neem nie - dit plaas hoogstens 'n kordon om die verhaalbare waarde van die geidentifiseerde sekerheidsobjekte ten gunste van die versekerde preferente skuldeiser. By persoonlike sekerheidsregte word daarteenoor verhaal geneem op bates wat aan 'n ander regsubjek as die primere skuldenaar behoort en wat dus nie deel van die saldo van die skuldenaar se bates vorm nie.

Practical advice on all stages of arbitration, from the pre-arbitration stage to the issuing of the award are covered as well as the basic legal principles concerning disputes over alleged unfair dismissal, the basics of the law of evidence and how to prepare for and present a case at arbitration. In addition to this there are sections on the pitfalls of the law of evidence, applications for condonation and reviews – these often being the very issues on which the Labour Court so often sees applicants in review applications being tripped up. Furthermore, a discussion on unfair labour practice arbitrations has been included. No labour law practitioner or trade union representative should be without this book.

Reform of customary marriage, divorce and succession in South Africa: Living customary law and social realities examines the operation of the Recognition of customary marriages act and the rules of succession formulated in Bhe v Magistrate, Khayelitsha. The book is the outcome of an interdisciplinary research project conducted by the NRF chair in customary law, indigenous values and human rights, the department of sociology at the University of Cape Town, and the National movement of rural women. More than a decade after the enactment of the act and the formulation of the Bhe rules, the research project sought to explore how these laws were being implemented in practice, through the eyes of the individuals living according to customary law, a range of state institutions, including the courts and the Department of home affairs, and traditional leaders. The fieldwork was conducted across six provinces, over a period of 20 months. The findings presented in Reform of customary marriage, divorce and succession in South Africa about the implementation of the act and the Bhe rules will be of interest to a wide range of individuals, court and state officials, and scholars. The authors provide evidence-based research on the implementation of the laws and they outline what remains to be done to improve the implementation of these laws.

Most of the research into what constitutes effective leadership emanates from the United States and is not very useful in an African context. Africa is a continent of extraordinary cultural, geographic, economic and political diversity, featuring largely emerging economies and rapid political, economic and social development.

Global Business Management in Emerging Markets – An African Imperative seeks to set leadership theory in the African context. It takes into account typical African circumstances, values and beliefs, designed for the development of leaders’ skills and provides practical, real-life examples, exercises and case studies.