Contains articles written by 13 different contributors covering different aspects of dispute resolution. Topics covered include the psychology of mediation, environmental disputes in communities, specialized arbitration and mediation, and arbitration and mediation in the construction industry.

A Guide to Intellectual Property Law covers the most common forms of intellectual property law, namely copyright, trademarks, patents and the delict of unfair competition.

The book closely follows the relevant legislation and contains explanations of the most important South African cases. The book also introduces the relatively new IP subjects of the internet, biodiversity and traditional knowledge and also includes a chapter on international IP law, in which the main treaties are summarised.

Aimed particularly at students and young professionals, more senior lawyers should also find it useful as a consolidated quick reference handbook.

Contents Include:

• Introduction to IP law
• Copyright
• Trademarks
• Offences & remedies in terms of the Counterfeit Goods Act 37 of 1997
• Patents
• Unlawful competition
• IP & the internet
• Biodiversity & traditional knowledge
• A comprehensive subject index for easy reference

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.

The centre for comparative laws in Africa held its inaugural methodology workshop from 22 to 24 October 2012. Over 40 scholars from various universities in South Africa, Africa, Europe and the United States of America participated in plenary and panel discussions around comparative law in cultural, interdisciplinary and subject context, Western legal traditions and mixed jurisdictions in African comparative legal studies, traditional and informal law in Africa, religious law in Africa and its comparative implications and the role of African comparative legal studies in the development of law in Africa. Comparative law in Africa: Methodologies and concepts is the outcome of the workshop. Its aim is to contextualise comparative legal studies in the African continent, with the ultimate goal of paving the way for the development of a comparative methodology specifically addressed to Africa. The studies presented in this volume offer different views and perspectives around the main theme of how to methodologically approach comparative legal studies in Africa, and how to properly take into consideration all the different layers composing the African legal systems, in order to give them the proper role and the proper place. The diverse background of the different contributors to this volume enriches its continental approach and offers a stimulating voice to African comparative legal scholars to continue their research.

The Law of Divorce and Dissolution of Life Partnerships in South Africa is a comprehensive publication that provides a detailed exposition and analysis of the law relating to the termination of civil unions, civil marriages, customary marriages, Muslim marriages and Hindu marriages by divorce. The publication also offers an in-depth discussion and analysis of the law relating to the dissolution of life (domestic) partnerships. Written by a team of subject specialists, it provides a rich source of expertise. The book is divided into five parts. Part 1 focuses on the dissolution of civil marriages and civil unions by divorce. This part deals with the grounds for divorce, the personal and financial consequences of divorce, and the position of minor and dependent children of divorced or divorcing spouses or civil union partners. Part 2 focuses on all aspects of divorce in customary marriages, while Part 3 concerns divorce in Muslim marriages and Hindu marriages. Part 4 addresses all aspects relating to the dissolution of a life partnership. The final part of the book - Part 5 - considers issues that are of general application to divorce and the dissolution of life partnerships. These issues are domestic violence; jurisdiction, procedure, and costs; mediation and other forms of alternative dispute resolution; and conflict of laws.

Criminal justice social work - A South African practice framework is a text for those working with criminal offenders and victims of crime. It offers readers grounding in theory, research, practice and clinical expertise for practising effectively in the field of criminal justice. Readers are exposed to a wide range of methods, techniques and interventions situated in a uniquely South African practice framework for addressing criminal justice issues and challenges.

The 3rd edition of Farlam and Hathaway's popular case book on the law of contract builds an extensive series of notes, central materials and commentary upon its solid foundation of cases.

Drawing on a rich and diverse legal heritage, Unjustified Enrichment provides a comprehensive and clearly structured exposition and an in-depth evaluation of the South African law of unjustified enrichment.

The book analyses each of the general elements of enrichment liability, and suggests a manageable way of dealing with the intractable problems that arise in the context of indirect or multi-party enrichment.

Key Features:

• An accessibly written and structured exposition of the entire field of the law of unjustified enrichment
• Includes a full analysis of all the major developments of the last twenty years since the classic statement of this area of law by Wouter de Vos in his Verrykingsaanspreeklikheid in die Suid-Afrikaanse Reg (1987)
• Relevant to practice: Provides in-depth coverage of claims by and against banks; unjustified enrichment flowing from failed contracts; the rules surrounding the reclaim of improperly exacted tax; an analysis of each of the general elements of enrichment liability; the various defences available to fend off an enrichment claims
• Extensive use of the comparative method

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.

Beginner’s Guide For Law Students is aimed at students who are exposed to the law for the first time.

It provides a broad, user-friendly view of the law written in simple language and elucidated by examples and diagrams. Practical skills which are necessary for studying law, for making use of the sources of law and for conducting legal research are emphasised. A critical approach to the law is cultivated.

This edition is accompanied by a CD ROM providing additional study material and guidance to students.

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.

This work, like its two predecessors, is divided into two parts. Part One sets out in a clearly understandable manner the main principles underlying the law of negotiable instruments. Part Two contains the text of the Bills of Exchange Act 34 of 1964 (as amended by Act 56 of 2000) and conveniently and methodically deals consecutively with each section accompanied by a detailed commentary thereon.

This new title in the Juta’s Pocket Companions series will serve as an ideal companion to the Mine Health and Safety Act & Regulations Pocket Statute.

Understanding the Mine Health and Safety Act is derived from the highly regarded Commentary on the Mine Health & Safety Act by Masilo and Rautenbach, the leading South African work on this Act.

The book contains commentary on a variety of sections contained in the eight chapters of the Act, set out in a manner that ensures that discussions are accessible to all without sacrificing detail. All commentary is supported by footnotes containing further references as well as citation of relevant case law.

Contents Include:

• Objects of the Act
• Health and Safety at Mines
• Health and Safety Representatives and Committees
• Tripartite Institutions
• Inspectorate of Mine Health and Safety
• Minister’s Powers
• Legal Proceedings and Offences
• General Provisions Sections 96–106

The Law & Practice Of Interdicts is the successor to Interlocutory Interdicts (1993) by the same author. This publication serves as a comprehensive resource book on interdicts and consists of two parts.

Part A, “The Requirements of the Law of Interdict”, is an updated and expanded version of Interlocutory Interdicts. It deals with the nature, history and development of interdictal applications in South Africa, including a useful comparison of the English and South African law on the subject.

Part B, “Practice” consists of eight chapters dealing with the procedure; the court’s discretion; urgency; jurisdiction; locus standi; the discharge, referral and variation of interdictory orders; appeals and costs.

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.

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

General Principles of Commercial Law is a concise compendium written specifically for non-law students. Written by experienced commercial law lecturers in the Department of Mercantile Law at the University of South Africa, it has been a prescribed text for undergraduate non-law students at various South African tertiary institutions for the past 28 years.

General Principles of Commercial Law provides students with a succinct exposition of the general principles of commercial law. It covers a wide range of topics influenced by the registration requirements of the Independent Regulatory Board for Auditors.

The ninth edition has been updated to reflect recent statutory and other developments in commercial law and includes:

• A revised chapter on credit agreements to reflect recent amendments to the National Credit Act 34 of 2005.
• A new chapter 24 that deals with various aspects of banking law, including a discussion of selected aspects of both the Banks Act 94 of 1990 and the Financial Sector Regulation Act 9 of 2017; an introduction to the principles of indigenous banking law; and the important aspect of financial inclusion.
• An expanded chapter on methods of payment, which includes a discussion of selected modern types of digital payment and other developments in the sphere of payments, including cryptocurrencies.

Essential social security law, examines the law that seeks to alleviate the economic and social consequences suffered by people in the event of a complete or partial loss of income. It focuses on those contingencies that have a direct impact on a person's earning capacity, such as old age, injuries, unemployment, sickness and pregnancy. It also deals with the death of a breadwinner, medical incapacity, the inability to maintain children, personal and community crises, hardship caused by the state and the lack of opportunities for disadvantaged members of society. In the process of examining these contingencies, the title deals with legislation such as the Social Assistance Act, Pension Funds Act, Compensation for occupational injuries and diseases Act, Unemployment Insurance Act, Basic Conditions of Employment Act and Medical Schemes Act. The k includes recent judgments dealing with various aspects of social security and cross-references the important and comprehensive report on social security compiled by the Taylor Committee. It also contains an additional chapter on the concept of informal social security in South Africa (such as stokvels). The title also sheds light on a number of issues that have a bearing on social security, for instance, financing and administration, unfair discrimination in social security legislation and the social security rights of migrant workers.

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.

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.

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.

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.