Court-Managed Civil Procedure of the High Court of Namibia: Law, Procedure and Practice represents the first textbook of its kind and introduces the reader to the most important reforms that have taken place since 2011 in the civil procedure of Namibia's High Court. During this period, the High Court of Namibia successfully implemented judicial case management, electronic filing, and court-connected alternative dispute resolution. Written by the head of Namibia's High Court and architect of the reform of that Court's civil process since he assumed office in 2004, the book demonstrates how the judges' and lawyers' roles have changed under judicial case management guided by the reformed civil justice system's overriding objective to 'facilitate the resolution of the real issues in dispute justly and speedily, efficiently and cost effectively' at minimum cost. The book maps the process by which Namibia was transformed from an orthodox adversarial system into one where the pace of civil litigation has been removed from litigants and lawyers and placed in the hands of judges. In that sense, the book holds important lessons for jurisdictions such as South Africa which, plagued by delay in delivery of civil justice, are considering radical reforms to their civil justice systems. Court-Managed Civil Procedure of the High Court of Namibia shows how the court rules from the old order have either been discarded or repurposed to achieve the salutary goals of judicial case management. The book explains the High Court's jurisdiction and how that court fits in Namibia's judicial architecture. The procedures are explained in easy to follow language and with logical coherence. There is detailed reference to Namibian and comparative authority throughout, demonstrating its scholarship as well as its enormous usefulness to practitioners, judges, and students of law alike, not only in Namibia but in common-law jurisdictions of especially Southern Africa. This work is destined to be an indispensable handbook on judicial case management, as well as on all other aspects of civil procedure which are eloquently discussed with reference to Namibian and comparative case law.

An academic, legal text that places moral and political philosophy at the centre of certain legal debates. In this book, Professor Meyerson specifically investigates the "Limitation Clause" in the South African Constitution, a clause that leaves open the possibility of limits to the Bill of Rights and certain entrenched "freedoms". Through discussions regarding the Freedoms of Expression and Religion, this book aims to play a role in defining, expanding and challenging the South African Constitution.

The second edition of this popular book, written by seasoned practitioners in this field, offers step-by-step guidance in dealing with disputes in the workplace.

Labour Dispute Resolution sets out the system provided in our law for resolving labour disputes, either in terms of the Labour Relations Act or by private dispute resolution. It guides employees, employers, trade unions and employers' organisations (and their representatives) through the various processes to be followed, and sets out the institutions to which particular disputes should be referred.

An important addition to the second edition is a new section on dispute resolution in the public sector.

Social media has become mainstream and offers numerous research opportunities to academics, students and practitioners. An Introduction to Social Media Research: Theory and Application is an essential new resource on how to conduct social media research in a scientific manner. This book will equip social media researchers, students and practitioners across various fields with the necessary knowledge to conduct social media research in a scientific and systematic manner.

A collection of papers on equality law, examining recent developments in South Africa. It looks at international and foreign law, and covers several theoretical and jurisprudential questions in equality law. The contributors are renowned equality experts both nationally and internationally.;(First published as Acta Juridica 2002)

In 1998, the first edition of Legal Drafting: Civil Proceedings was written to bridge the gap between the academic study of law and its practical application insofar as the preparation of court documents is concerned. Drawing on his experience in coaching pupils at the Bar, the author explains elementary matters and poses useful reminders to more experienced practitioners. The second edition of Legal Drafting: Civil Proceedings has been updated to address changes in the law. It now includes a section on the preparation of documents for arbitrations as well as an extended chapter on the all-important task of preparing heads of argument.

Understanding sectoral determination 9: The wholesale & retail sector presents a non-legalistic commentary on the specific minimum conditions of employment applicable to persons employed in South Africa in this sector. 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 9 also contains the text of the legislation for easy reference. All employers in this sector are required, in terms of s36 of the determination, to have a copy of the determination available at the workplace. This title fulfills that requirement, as well as providing an explanation of the law.

This book provides healthcare and legal practitioners and students at all levels with the theory and practical application necessary to understand and apply bioethics, human rights and health law to their present and future work. The topics of bioethics, human rights and health law are part of the core curriculum for all students in Health Sciences in South Africa. Bioethics, Health Law and Human Rights: Principles and Practice, therefore, comes at no better time.

As the book is a guide, it does not deal exhaustively with the topics discussed. Instead, it aims to give healthcare and legal practitioners some general guidelines which it is hoped will be of practical use to them.

Climate change is one of the central challenges facing African countries and their people. Unless concerted efforts are made worldwide very soon to reduce emissions, climate change impacts are likely to be devastating. Higher-end temperature scenarios present a dark future jeopardising secure access to basic needs such as water, food, housing and a healthy environment, as well as adding to the stressors on natural resources. Those who will suffer the most from the challenges posed by climate change have contributed the least to the problem in the first place: the poor and vulnerable, especially in developing countries. To make matters worse, these are the same people who have benefited the least from modernisation and industrialisation and have a relatively small carbon footprint. This is a double injustice. While climate justice and social justice are difficult to disentangle, neither the legal systems nor the main actors framing the dominant climate change narratives seem sufficiently attentive to the double-edged justice questions posed by the impacts of climate change on poor communities. This book attempts to fill some of the gaps in climate change scholarship by focusing on the climate narratives emerging in and around South Africa - how they relate to broader issues of social justice and resource allocation, and the role of rights talk and legal strategies in the framing of the problems and solutions. In doing so, the book contributes to developing rights- and justice-based strategies for translating knowledge into action. The authors approach the issues from different discourses and practices, but all have in common the integration between fairness related to environmental issues and fairness related to socio-economic issues.

Book & DVD. Communication and counselling in the healthcare setting encompasses a broad range of practical skills, self-knowledge and ethical-legal knowledge. The patient-centred approach is adaptable and suitable for use in different cultural healthcare settings. Key features for students and educators: Summary tables for quick reference; Provides information for students related to examination and communication skill assessments; Critical thinking activities at the end of each section make it a practical training guide; The accompanying DVD contains role plays of common counselling and communication situations. The DVD allows ample opportunity to assess, critique and improve on communication skills and counselling processes. The content follows international guidelines.

An introduction to Applied Calculus for Social and Life Sciences, the revised edition, contains all the material in the original version and now contains answers to odd numbered exercises. The book additionally contains selected worked out examples available from the publisher's website. The book is designed primarily for students majoring in Social Sciences and Life Sciences. It prepares students to deal with mathematical problems which arise from real-life problems encountered in other areas of study, such as Agriculture, Forestry, Biochemistry, Biology and the Biomedical Sciences. It is also of value to anyone intending to develop foundational undergraduate calculus for the Physical Sciences.

Table of contents: 1. Introduction to Pandemics and Healthcare. Principles, Processes and Practice 2. Pandemics: Global Health Security 3. An overview of ethical issues in the context of pandemics and healthcare 4. Selected medico-legal issues relating to South Africa's response to the COVID-19 pandemic 5. Health research, ethics and pandemics: Challenges and Recommendations. 6. The role of the news media during pandemics 7. Corruption, leadership and the corrosion of public health system capabilities in South Africa 8. An understanding of the supply, distribution and use of personal protective equipment during pandemics 9. Pandemics, health equity and the social determinants of health 10. Pandemics: Managing Psychosocial Dimensions for the Public Good 11. Why health economics input and other economic consideration are necessary when managing pandemics 12. Curriculum change and teaching innovations in health sciences: An essential requirement in the era of pandemics 13. eHealth in the era of pandemics 14. Data Science and Artificial Intelligence in the Management of COVID-19. The Gauteng Department of Health, a showcase 15. The development of vaccines and immunological therapies in pandemics 16. Epidemiology, diagnostics and surveillance: Applications during pandemics 17. COVID-19 in South Africa: Lessons from implementing a new national hospital surveillance platform 18. Mental health, psychiatric disease, and COVID-19 in urban South Africa 19. Pandemics and primary health care 20. Pandemics and critical care 21. Pandemics and management of infectious diseases 22. Pandemics and paediatrics 23. Provision of maternal and reproductive healthcare services during pandemics 24. Pandemics and the surgical disciplines About the editors: Ames Dhai, a member of the Academy of Science South Africa is Founder and Past Director of the Steve Biko Centre for Bioethics at the Wits Faculty of Health Sciences, Visiting Professor of Bioethics and Health Law at the Wits School of Clinical Medicine and Specialist Ethicist at the Office of the President of the South African Medical Research Council. She is a leading authority in Bioethics both internationally and locally. Daynia Ballot, currently head of School of Clinical Medicine at Wits University is a neonatologist with a special interest in neonatal research in South Africa, particularly in neonatal sepsis, determinants of survival in very low birth weight infants and the neurodevelopmental outcome of high-risk newborns. She is an NRF-rated researcher. Martin Veller, a vascular surgeon, is past dean of the Faculty of Health Sciences of the University of the Witwatersrand. His leadership roles include that of previous Professor and Head of the Department of Surgery, head of the Division of Vascular Surgery and President of the World Federation of Vascular Societies.

Property is a constitutionally protected right around the world. Expropriations are lawful only if they can be legitimately justified. In the past few decades, there has been an increasing number of expropriations in favour of private business projects. Governments hope that these projects will create jobs and economic growth, but the justification of such third-party transfers for economic development is controversial. The public benefits of such expropriations are disputed, since they directly benefit private parties, and frequently do not have the desired outcome. The Legitimate Justification of Expropriation: A Comparative Law and Governance Analysis investigates the institutional, procedural, and substantive conditions under which different jurisdictions permit third-party transfers for economic development. The jurisdictions examined are the Netherlands, Germany, New York State and South Africa. The Legitimate Justification of Expropriation: A Comparative Law and Governance Analysis shows that employment or economic growth created by private business projects is a legitimate end in all the jurisdictions under examination. However, some striking differences between the jurisdictions are evident, with respect to several questions, including: Which state body decides on whether economic development is a legitimate end? Can a judge prevent unnecessary or excessive expropriations? Is the project developer obliged to implement the project? Against the backdrop of international good governance standards, The Legitimate Justification of Expropriation: A Comparative Law and Governance Analysis assesses whether the laws in these jurisdictions are adequate. The book demonstrates that the examined jurisdictions in various respects fail to meet international standards and recommends legal reforms to ensure compliance.

The Fundamental Principles of Effective Trial Advocacy guides the trial lawyer in developing a winning theory and using it throughout every phase of the trial. The text focuses in depth on each phase of the trial from opening statement to examination-in-chief, cross-examination and final argument.

The book also examines the characteristics of effective trial lawyers, the rhetorical techniques that enhance the persuasive force of advocacy and the basic principles of formulating effective questions.

Practical and engaging examples distil the fundamental principles and strategies that lead to success in the courtroom.

This work examines the role that the law plays in the eradication of unfair discrimination and promotion of affirmative action in the workplace, examining the Employment Equity Act as well as the manner in which the courts have interpreted and given effect to the Act. It is divided into four parts. In Part One the current legislative framework regulating employment equity, namely the Constitution and the Employment Equity Act, is examined. Part Two of the book focuses on the general principles of employment discrimination law. It examines the concept of "unfair discrimination", the distinction between "direct" and "indirect" discrimination and "listed" and "unlisted" grounds of discrimination. This Part also deals with the statutory defences against an allegation of unfair discrimination. Part Three examines issues such as dismissal on discriminatory grounds including race, sex, disability and HIV/AIDS; the principle of equal pay for work of equal value; discrimination against persons with disabilities; employment testing; sexual harassment; and affirmative action. Part Four of the book deals with the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) to the extent that it impacts on the workplace.

This work is concerned with the land reform programme which is a central aspect of the political and social reform agenda of democratic South Africa. After a concise general survey of the history of discriminatory landholding, comprehensive chapters on registration, prescription and alternative forms of title establish the relevant property law context.

In 1994, Malawi adopted an unusually progressive Constitution, unprecedented in the country's political and constitutional history. 'Human Rights under the Malawian Constitution' takes stock of the human rights jurisprudence generated by the new Constitution and the new judiciary in Malawi over the past sixteen years. The book examines the largely unreported Malawian cases and legislation and systematically analyses them with a view to constructing a coherent corpus of human rights jurisprudence, which is essential to consolidating democracy, establishing the foundation for the rule of law and ushering in an era of accelerated development in Malawi. The author draws on a wealth of international and comparative jurisprudence, including that from other African countries, without detracting from the main objective of constructing a Malawian brand of jurisprudence. Ultimately the book reveals that it is possible for human rights to grow even in underdeveloped countries. 'Human Rights under the Malawian Constitution' is intended for use by judges, lawyers, legal scholars, students, civil society, law reform officers, human rights institutions and comparative law scholars. _______________________________________________ Danwood Mzikenge Chirwa is Associate Professor of Law and Head of the Department of Public Law at the University of Cape Town. He has published widely in the fields of constitutional and human rights law. _______________________________________________ ' This book] makes a significant contribution to African constitutional law. The author has engaged in a careful and systematic treatment of all of the clauses contained in Malawi's Bill of Rights, as well as the jurisprudence which has been developed by its courts over the past 16 years .... Accordingly, this is a work which anyone who wishes to engage in African constitutional law in general and Malawian law in particular will be required to use as a major source of reference.' Dennis Davis, Judge of the High Court of South Africa; Honorary Professor of Law, University of Cape Town ' This book] fills a gap in the literature of human rights in the region with its excellent examination of the Malawian provisions. It is well written and will appeal to a wider readership than Malawi.' Boyce Wanda, Professor of Law, University of Fort Hare

Res Ipsa Loquitur and Medical Negligence: A Comparative Survey analyses the application of the doctrine of res ipsa loquitur ('it speaks for itself') to medical negligence cases. The book aims to establish conclusively that the approach of the South African courts, that the doctrine should never find application in medical negligence cases, is untenable and out of touch with modern approaches adopted in other countries. Constitutional principles such as procedural equality, access to courts, access to health care, access to information, post-constitutional legislation, medical ethics and policy considerations are also discussed.

The book further provides a theoretical and practical legal framework for the application of the doctrine to medical negligence cases in South Africa in future. The authors argue for the application of the doctrine, not only in medical negligence cases, but also to related legal procedures that follow a medical accident such as medical inquests, criminal prosecutions and disciplinary inquiries instituted by the Health Professions Council of South Africa.

Res Ipsa Loquitur and Medical Negligence includes a comprehensive comparison of the practical application of the doctrine to medical negligence cases in South Africa, England and the United States of America.

Objections In Civil Litigation deals in concise terms with the categories of objection and the leading and most useful authorities for each objection. A synopsis of the nature and content of each objection is included.

The book equips the busy practitioner confronted with an unruly witness with the tools to formulate a cogent and legally sound argument, at short notice, as to why a particular piece of testimony should be excluded.

The opponent will similarly be assisted in dealing with the objection in a helpful and lucid manner.

For more than a decade, South Africans have been advocating a reform of the country’s laws on sexual offences. South Africa has one of the highest levels of reported rape in the world, and legislative reform was seen as an essential step towards shifting the understanding of rape and its treatment within the criminal justice system.

Since 1996 the activism has focused on the South African Law Reform Commission’s investigation into sexual offences, and the parliamentary process, which culminated at the end of 2007 in the Criminal Law (Sexual Offences and Related Matters) Amendment Act.

Many of the authors of Should We Consent? were involved in substantive legal submissions, research and legislative drafting and promoting changes to the law to provide rape victims with effective redress and protection. Drawing on a body of empirical, social and legal scholarship, this unique text charts the critical social and legal debates and jurisprudential developments that took place during the rape law reform process.

This book also provides important insights into the engagement of civil society with law reform and includes thoughtful and contemporary discussions on topics such as ‘defining’ rape, HIV, sexual offences against children and sentencing of sexual offenders.

• Examines the successes, challenges and defeats of rape law reform
• An important reflection on the engagement of civil society with government in precipitating and sustaining this important law reform process.
• Highlights the significance of rape law reform inclusion or exclusion at various stages in the process
• Discusses the strategic decisions made by gender activists and the context in which these decisions were made
• Discussions are from a comparative and international context
• Emphasizes potential implementation challenges and considering how these might be addressed in terms of law and policy.

The Law of Business Associations in Zambia: An Introduction sets out the history and current state of business associations law in Zambia, providing a clear overview of all relevant legislation, case law and implied policy. The book covers the different types of business associations, sole traders and sole proprietorships, partnerships, co-operative societies, registered companies and parastatal organisations. It deals with the regulation of enterprise in both the private sector and the public sector in a balanced, clear and accessible way, giving both lawyers and non-lawyers the tools of the trade. A useful feature that enhances the accessibility and understanding of the issues dealt with is the inclusion of key points at the end of each chapter, providing a summary of the issues discussed. The Law of Business Associations in Zambia: An Introduction provides all the essential elements that one needs to know about this area of the law.