This bilingual casebook is intended as a study aid for students of the general principles of the law of contract. Extracts from leading cases, supplemented by explanatory notes, are set out in traditional textbook style, which should provide students with easy access to cases.

The third edition of Bail provides a critical discussion of past and current bail law, including the impact of the Constitution on statutory interpretation and practice.

Where the law remains unclear – often as a result of divergent High Court decisions – the author provides guidelines to the practitioner and the lower courts alike. He makes concrete suggestions, where necessary, on the application of the law in a setting where tension between the liberty of the individual and the troubling crime rate calls for a measured and practical approach.

This edition features extensive quotations from the authorities, with English translations of Afrikaans judgments. The book also includes an invaluable ‘Quickfinder’ section in which the most important bail procedures are set out in a clear, concise and easily accessible format. Notice of motion templates are also provided.

In this, the third edition of Bail, the author provides a critical discussion of past and current bail law, including the impact of the Constitution on statutory interpretation and practice.

Principles of the Law of Sale and Lease sets out concisely the general principles relating to these specific contracts.

Written by experts in the field, the third edition will assist practitioners and law students alike to understand and apply the law relating to these specific contracts.

The book is organised in two parts, integrating the common-law principles as well as the recently introduced consumer protectionist statutory provisions on sale and lease.

Contents Include:

Sale
- Definition of Contract of Sale
- Sources of Law of Sale
- Contract of Sale and Transfer of Rights in Property Sold
- Requirements for a Valid Sale Contract
- Seller’s and Buyer’s Rights and Obligations
- Pre-Contractual Obligations
- Formalities, Content and Interpretation
- Seller’s and Buyer’s Residual and Statutory Obligations
- Particular Contracts of Sale

Lease
- Introduction
- Sources of Law
- Definition and Essentials of a Lease
- Duties of the Lessor
- Duties of the Lessee
- Subletting, Cession and Assignment
- Transfer of the Lessor’s Title: Huur Gaat Voor Koop
- Termination of a Lease
- Lessee’s Right to Compensation for Improvements
- Residential Lease and the Rental Housing Act 50 of 1999

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.

The first volume, a legal humour edited by Professor Kahn, Law, Life and Laughter published in 1991 was the subject of many favourable reviews. It went through three impressions, was sold out years ago and today is a collector's item. This second melange of legal humour and piquant revelations of personalities in the law of Southern Africa is almost entirely new, containing nothing that appeared in the first volume except a number of brilliant caricatures of which the temptation to reproduce was irresistible.

Real security law is where property law and credit law meet to regulate the rights that creditors have to property belonging to their debtors – either as agreed upon between the parties or as imposed by the law. Security rights facilitate affordable borrowing, investment in property and industry, and thus the promise of economic prosperity. Secured lenders are also empowered with stronger rights than other creditors and with more beneficial debt enforcement options. In our ever-changing economic and social context, a sophisticated system of law is necessary to maintain a fine balance between the rights of debtors, creditors, third parties and the general public – especially when things go wrong. Financial crises, rising consumer over-indebtedness and the fight against homelessness are but some important considerations that challenge this area of law.

Real Security Law covers all of the conventional forms of real security, such as the mortgage of land, the pledge of movables, general and special notarial bonds, security cessions, the landlord’s tacit hypothec and rights of retention. It also includes security mechanisms imposed by statutes, for example municipal charges, embargo powers, the instalment-agreement hypothec and statutory pledges.

The aim of this volume is to describe and analyse the current state of real security law in South Africa, starting with our common law foundation but with a particular focus on developments inspired by the Bill of Rights and other statutory and socio-economic changes in society. Therefore, the most recent developments in constitutional, statutory and case law are incorporated, and the aim is to strike a balance between legal theory, constitutional imperatives, commercial realities and the needs of practice.

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.

This title flows from several panels at the Commission on Legal Pluralism Jubilee Conference, entitled Living Realities of Legal Pluralism, that was organised in conjunction with the Centre for Legal and Applied Research (CLEAR), the Research Chair in Customary Law and the Chair for Comparative Law in Africa, of the University of Cape Town. The panels highlighted controversial aspects of the legal protection of indigenous knowledge with which the contributors to this volume have critically engaged. This engagement is informed by recent legislative and policy developments in several countries in the global South, including South Africa.

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.

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.

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.

This text deals with the basic concepts of the law and explains the operation of the law and the administration of justice. It features practical exercises at the end of each chapter to help the student develop the ability to analyse information and apply knowledge. Another feature is the appendixes in which step-by-step explanations are given of how to research and apply primary sources of the law such as statutes and decisions in court.

Immigration Law in South Africa outlines the existing law applicable to foreigners as reflected in the Immigration Act, the Citizenship Act, the Domicile Act and the Extradition Act as at 31 July 2017. The book also draws attention to the policy shifts by the South African government in the White Paper on International Migration, the Border Management Act, and the Discussion Paper on the repositioning of the Department of Home Affairs within the security cluster. Immigration Law in South Africa comprises three parts. Part One contextualises migration at an international level and within South Africa. This part discusses the concept of migration in the context of South Africa and on the international stage and how the human rights perspective has developed the notion of migration in South Africa. Part Two examines South African immigration law specifically - whom the state allows to enter and leave, who is considered undesirable or prohibited, permanent residence, and the various types of short-term visas that are offered to foreigners. Part Three considers the penalties that South Africa can impose on foreigners who violate the immigration laws of South Africa: the deportation, detention and extradition laws relating to immigrants in South Africa are examined.

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.

This work was first published in 1958 and this is its sixth edition. Generations of lawyers have relied on it as a source of reference in all areas of company law in South Africa. It offers a systematic overview of company law. Each topic is dealt with through an introductory text followed first by extracts from a wide-ranging selection of academic writings and then by case extracts.

Administrative Law in South Africa has been dramatically transformed over the past 14 years since the enactment of the interim Constitution in 1994. This has resulted in a flood of judgments in which the new administrative law has been considered. The large volume of cases and the ever-growing length of judgments make it increasingly difficult to cut through the thicket and zoom in on the core principles of this area of law as they emerge from the materials.

This book collects the key materials on administrative law in South Africa in a focused and organised manner. It is a comprehensive resource tool that will enable anyone encountering administrative law to access the principles of this field through the primary sources.

Among the selections the reader will find both the leading authorities on particular rules and the best illustrations of their application. Apart from the judgments, the book also contains the relevant statutory provisions such as extracts from the 1993 and 1996 Constitutions and the Promotion of Administrative Justice Act 3 of 2000.