There is an increasing trend to hold insurance intermediaries professionally liable for the breach of duties owed to either the insured or the insurer. The Law of Insurance Inter mediaries is the only text in South African law which comprehensively discusses the legal position of the various insurance intermediaries doing business in the local market. Three main types of intermediaries are identified, namely insurance brokers, insurance agents and Lloyd's intermediaries. The rights and duties of these intermediaries are analysed and the effect of the Long- and Short-term Insurance Acts on these duties is explained. Local and foreign case law is considered to illustrate the relevant legal principles and to provide solutions to problems which may occur in South African law. This book is essential reading for lawyers operating in the field of insurance, as well as insurance companies and agents. Offers a comprehensive overview of the law affecting insurance intermediaries. Includes full text of the Short- and Long-term Insurance Acts and the Regulations and Policyholder Protection Rules in terms of these Acts.

This new edition of Contemporary Retail and Marketing Case Studies is a collection of 34 studies of retail and marketing operations as told by individual companies.

Small, medium and larger companies relate the challenges they have faced and how they overcame them, and share their successes and frustrations in a frank and open manner. Each case is unique in its own way and addresses issues which are pertinent and relevant to the South African retail and marketing environment.

The value of this collection is that:

• It provides a variety of cases that together offer insight into the marketing challenges faced by local businesses
• It offers a South African perspective on how to overcome these issues
• It is written from the viewpoint of the entrepreneur or business executive
• It provides practical insights which support work-integrated learning.

This book is a must-read for scholars, students and people concerned with the retail and marketing industry.

On publication of the previous edition of Computers and the Law, developments such as the Internet and electronic commerce were as yet unthought of. The second edition strives to bring the reader up to date with such developments. It also attempts to gauge the law's reaction, or lack of it, to these developments.

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.

A Guide to Legislative Drafting in South Africa identifies the key aspects of legislative drafting, providing a clear and practical guide to the subject. It unravels the mysteries and complexities of statutory writing, presenting it to the reader in a structured and understandable manner.

Cultural tourism is a growing area of special interest in the field of tourism, and South Africa is a key participant in this area. Increasingly, its cultural heritage sites, museums and galleries, cultural villages and other sites of cultural interest form heavily visited stops on the tourism routes.

To ensure that cultural heritage is accessible and an authentic source of information and experiences for the tourist, it is critical that the people involved in the tourism industry have a thorough understanding of the interconnectedness of tourism and culture. They must also be well trained and knowledgeable.

Cultural Tourism equips the student of cultural tourism to carry out, successfully and responsibly, all the tasks relating to the development of cultural tourism. Each chapter concludes with a comprehensive series of self-assessment questions and sets a hands-on task to enrich the student’s learning experience.

Contents:

SECTION I: AN INTRODUCTION TO CULTURAL TOURISM DEVELOPMENT

• The dimensions of culture
• The ‘old’ and ‘new’ phenomena of culture
• Globalisation and tourism
• Cultural tourism defined
• Conceptualising cultural tourism

• Cultural resources, attractions and destinations
• The selection process for determining cultural attractions
• The interpretation and presentation of cultural heritage
• The cultural tourism product
• The popularity of cultural heritage attractions
• Cultural tourism demand
• The cultural tourist and the consumption of tourist experiences
• References and recommended reading
• Index

In our globalized era it has become impossible to deal effectively with constitutional law and related subjects such as fundamental rights, administrative law and political science without a knowledge of foreign systems. Although a wealth of literature is available, the constitutionalist faces a formidable problem: which foreign systems should I explore in order to make relevant comparisons, and how should I go about it? This book addresses the issues of comparability and appropriate comparative methodology.

Hoteliers, restaurateurs, licensees and catering managers will, in the course of their work, enter into many legal relationships with other parties whilst at the same time being required to adhere to all of the statutory laws that apply to their business. A sound knowledge of the law is therefore important to the professional owner or manager, as are knowledge of business management and the fundamental skills of the profession.

What is it that makes a business successful? Ultimately, it comes down to the quality of its management. Yet every business has individual areas of management and these differ from general management. In Management Sciences: An Introduction students will discover the basics of the business environment, the nature of management and the skills required to manage an enterprise. Recommended for: This book is written in an easy-to-read style and each chapter starts with learning outcomes and ends with self-assessment questions. Illustrative case studies from the South African business environment make it an invaluable reference resource for students of Management Sciences at South African institutions.

This is a practical guide for labour lawyers, employers, trade unions, human resource managers, and occupational health professionals who must grapple with the problems of substance abuse in the workplace. This new and updated edition explains the case law on substance abuse in South Africa and provides a useful international legal comparison with Canadian law. Recommending procedures for identifying, controlling, and treating substance abuse, the book includes templates and procedural guidelines for pre-employment testing, employee testing, and fair disciplinary action.

Because of the complexity of the National Building Regulations document, this book has been written as a comprehensive reference to that text. It addresses both conventional and unconventional methods of home building, and is aimed at all builders, from small contractors to large developers.

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.

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.

Independent guarantees, payable on demand (so-called demand guarantees) are the preferred security instruments in complex construction and infrastructure projects. To the beneficiary, demand guarantees offer immediate access to cash without having to prove breach of contract, (insufficient) performance, damages, or the extent thereof. Due to the independent nature of demand guarantees, there is a risk of abusive or fraudulent calls. This comparative study analyses, in depth, the use of such guarantees in the construction industry, and the legal situation in South African, English, and German law regarding abusive calls on demand guarantees. The book explores typical scenarios in construction, and illustrates measures to prevent or mitigate abusive calls. The book speaks to practitioners working in construction or the financing of construction (such as construction professionals, bankers, attorneys), and to academics and students who have an interest in advanced studies of construction and construction law, deals and guarantees, and finance.

Skilled care during pregnancy, birth and the postnatal period is vital to the survival and health of mothers and newborns. In fact, the wellbeing of a society is represented by the health of mothers, newborns and children. To this end, the United Nations has determined that the number of births assisted by a skilled attendant is one of the indicators of progress in a country. Juta's clinical guide for Midwives is a user-friendly, illustrated clinical manual developed to provide all midwives with up-to-date knowledge and practical skills. For ease of use, the title has been split into three parts - the antenatal months, the second and third stages of labour, and the postnatal period. These parts are split into modules, each one covering a specific topic, which contain - step-by-step instructions for carrying out procedures, along with a rationale for each; clinical tips drawn from years of midwifery experience; clear illustrations to demonstrate difficult procedures or concepts. Juta's clinical guide for midwives has been created to assist students of midwifery and as a continuing education resource for practising midwives, tutors and medical students. The information within it is essential for the achievement of millennium development goals four and five the reduction of infant and maternal mortality and morbidity. It is an appropriate and timely guide for midwives in South Africa today.

Understanding consumers and the way they behave is crucial to the success of any business. In these times of economic uncertainty and reduced customer expenditure, ensuring that the consumer's wants and needs are met, forms part of the strategic planning of all organisations - big or small. Consumers, by means of their buying behaviour, exert influence on businesses and compel them to act in certain ways. Understanding consumer behaviour is therefore imperative, as it provides information to businesses on how to plan their marketing activities and sustain themselves as commercially viable and useful entities.

A practical reference volume produced primarily for students of commercial law in Botswana. Apart from coverage of six major areas of commercial law this book also includes an accessible digest of the leading cases and the principles they establish, plus related statutory provisions.

About this Publication: Human Dignity: Lodestar for Equality in South Africa provides an in-depth analysis of human dignity and its relationship to equality in South African law. The author argues that human dignity is the attributive key that unlocks the constitutional meaning of equality and unfair discrimination. Equality cannot be usefully debated without first asking the vital question 'Equality of what?' The answer, it is contended, must be 'human dignity'. The philosophical and Abrahamic religious roots of these constitutional concepts of dignity and equality are investigated, then further explored and illustrated in the comparative context of South African, German and Canadian constitutional jurisprudence. Clashes and tensions between rights inevitably occur when the equality and non-discrimination rights of a Bill of Rights are applied horizontally, that is between subjects of the state themselves. The human dignity of the contestants plays a vital role in resolving such tensions and conflicts. Human dignity moreover has a determining function when applying constitutionally mandated restitutionary (compensatory) equality and when determining what the legitimate extent and duration of such restitution is. These issues are also considered in a comparative constitutional context. Peer Reviews: 'Retired Justice Laurie Ackermann was one of the giants of the "Mandela Constitutional Court" appointed in 1994. His new book on human dignity matches the weight and the profundity of his judicial writing on the subject. It is an authoritative, lawyerly and commanding exposition of the value that is the key to South Africa's constitutional future-the dignity of all its peoples.' Justice Edwin Cameron, Justice of the Constitutional Court of South Africa 'In this work, the claim that it is the inherent dignity and worth of every human person that must inform the interpretation and enforcement of the constitutional right to equality is backed up, inter alia, by a useful exposition of the Kantian concept of dignity and an illuminating and context-sensitive engagement with comparative constitutional law. The author's argument is systematically developed within a range of contexts, including anti-discrimination law, disputes over the scope and limits of measures designed to remedy past injustices, and conflicts over the appropriate balance between equality and freedom in cases involving the horizontal application of the Bill of Rights. Throughout, the author presents a well-argued and robust defence of a constitutional vision which places the dignity of the individual at the heart of the Constitution's transformative project. This is an important contribution which is certain to stimulate further analysis and debate.' - Prof Henk Botha, University of Stellenbosch Law Faculty 'The most systematic, theoretically rich, and intellectually provocative treatment in the academic literature to date on the subject of human dignity in South Africa's evolving equality jurisprudence.' Prof Sandra Liebenberg, HF Oppenheimer Professor of Human Rights Law, University of Stellenbosch Law Faculty

Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa.

The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory. Cautioning against a traditional, formalistic conception of rights and the separation of powers doctrine, the author develops a nuanced conception of substantive reasonableness review in the context of socio-economic rights. She further argues for a reconstruction of private law doctrines in the light of the normative purposes and values promoted by socio-economic rights.

Socio-Economic Rights - Adjudication under a Transformative Constitution is up to date, including detailed evaluation and critique of the most recent socio-economic rights judgments. It is set to have an impact on debates about courts and socio-economic rights not only in South Africa, but everywhere else where its topic has attracted interest.

This is the first title on the South African law of unjustified enrichment, covering the entire field of this area of the law. It aims not only at giving an accurate description of the current law, but also to investigate new solutions to old problems, making use of comparative insights. Unjustified enrichment is structured in an accessible way to make it possible for anyone easily to locate the law relevant to the specific problem that is being investigated - and to allow those who are not familiar with the subject to find their way into it.

Assurance, risk and governance: An international perspective provides a comprehensive reference for students of assurance practices and practitioners. The book explains the technical functioning of assurance processes at an advanced level using a principles-based approach aligned with International Standards on Auditing. This is complemented by a review of the leading academic research to provide readers with an easy-to-understand overview of the latest developments in external audit and related assurance services.

This book provides invaluable information on the business world and business management in an African context, with plenty of examples and case studies relevant to this continent. Experts in the areas of specialisation of the various business functions, including financial management, human resource management, management information systems, marketing management, operations management, purchasing management, supply chain management and public relations, contributed to the book to provide a useful combination of both theory and practice. Detailed information of the management function including planning, organising, leading and control, the business environment, entrepreneurship and ethics that are relevant to all the business functions, provide a holistic view of business and business management in general. The authors are all experienced in their fields of expertise, on a practical as well as academic level. Therefore, the information shared in this book is informative and practical. It is a book written by experts, sharing valuable information with developing business managers and owners. As authors we trust that the readers and students of business management will not only learn the basics of business management but will also apply this knowledge in their careers.

South Africa’s history of colonialism and apartheid has created deep patterns of inequality and poverty. One of the ways in which the government has tried to address the high levels of inequality that characterise the South African labour market, is through an extensive process of legislative reform, which includes the Employment Equity Act (EEA) of 1998.

The EEA was enacted to achieve equity in the workplace by prohibiting unfair discrimination and by requiring the implementation of affirmative action measures to ensure the equitable representation of designated groups (blacks, women and disabled persons) in all occupational categories and levels in the workforce. The Act gives effect to the constitutional imperative for substantive equality in respect of the workplace.

One decade after the enactment of the EEA, this collection of essays evaluates its efficacy in achieving its stated goals. This is done against the background of comparative experiences elsewhere, in particular India, Canada, the United Kingdom, Germany and the European Union.