Crime scene investigation is a practical book dealing with the management, investigation, and control and processing of crime scenes, or scenes of incident, as they are now called. The book explains the important principles of continuity of possession and the importance of preventing contamination of the scene and evidence. It also focuses on the roles of experts and aids who can help investigating officers to solve complex and varied crimes. The book pays particular attention to the administrative process involved in the handling of evidence. This includes: The responsibilities of the investigating officer who has to deal with the incident; The various ways in which a scene of incident can be documented; The handling of people who may be present at the scene; The proper identification, collection, packaging and dispatch of evidence. Two of the unique features of the book is the introduction and explanation of a new investigation principle, namely the Lochner principle, and a new search method, namely the Lochner/Zinn search method.

Sectional Titles and Other Fragmented Property Schemes aims to describe the different forms of urban fragmented property schemes introduced by legislation. Therefore, the functioning of the management bodies of such schemes and the nature and effect of management and conduct rules are emphasised to indicate to what extent the idea of urban fragmented property holding has changed the property concept in the new constitutional dispensation in South Africa.

Relevant case law, new legislative developments, especially the amended Sectional Titles Act 95 of 1986, the Sectional Titles Schemes Management Act 8 of 2011, the Community Schemes Ombud Service Act 9 of 2011 and the Companies Act 71 of 2008, are discussed comprehensively to indicate how fragmented property schemes are governed and how disputes regarding use rights of individual sections and the common property of such schemes are solved.

Juta’s Property Law Library is aimed at revisiting and reassessing the whole of South African property law, which includes uncodified common law that is mostly embodied in case law, academic writing and legislation, to establish:

• how each aspect of property law was influenced by apartheid law;
• its response to the new constitutional dispensation (including land reform), and;
• whether it can make a contribution towards the transformation of South African law and society.

For this purpose, Juta’s Property Law Library will eventually consist of a number of monographs, each of which is focused on a specific aspect of property law.

The first edition of The Building Contract by the late Eyvind Finsen was published in 1999 and followed on the 1991 publication of The New Building Contract. The earlier book was an introduction to the new Joint Buildings Contract Committee (JBCC) contract documents, whereas the later book provided commentary on the JBCC building agreements, which by then were widely used in the construction industry.

This third edition, now named Finsen’s The Building Contract, has been revised and updated. It covers the latest Principal Building Agreement (PBA) and the Nominated/Selected Subcontract Agreement (NSSA), as well as the Minor Works Agreement (MWA), and the various contract data documents and the associated forms and certificates that are used with these agreements. The Construction Industry Development Board (CIDB) has agreed that South African organs of state may use the private sector agreement. Accordingly, this agreement has been amended in consultation with the National Department of Public Works to cater for certain of the State’s requirements.

Finsen’s book is widely recognised as a reference work in the construction industry. This updated edition will be of significant value to building professionals as well as to client bodies, attorneys and advocates who specialise in resolving construction disputes. It is also intended for students who aim to enter these fields. This book aims to equip its readers with the knowledge needed to avoid contractual disputes.

A book that requires no introduction, Caney’s The Law of Suretyship has, for over 70 years, been an authoritative reference work for the law of suretyship in South Africa. The 6th edition incorporates significant developments since the last edition in 2002, a period in which South African courts have been very busy in this area of the law.

This latest edition once again ensures that the treatment of its subject matter is most comprehensive, whilst remaining accessible to non-specialists.

The Law of Suretyship contains three parts, each dealing with different stages in the life of a contract of surety, namely: the nature, formation and operation of the contract; the rights of the surety; and the release of the surety. Each part contains a detailed discussion of their respective topic.

The authors’ treatment of each topic is well researched and supported by a host of authority, and the main text is enhanced by additional information and further discussions in the footnotes.

Building on the success of the first edition, the second edition of The Law of Arbitration: South African and International Arbitration sets out the South African common law, legislation and local and international case law applicable to each stage of the arbitration cycle, including the arbitration agreement, intervention by courts pending arbitration, the appointment of and challenges to the arbitrators, the pleadings and arbitration proceedings, and the arbitration award. A brief overview of alternative dispute resolution approaches is also provided as a contextual introduction.

The second edition now incorporates the new International Arbitration Act 15 of 2017 and updates the references to local case law as well as international case law relating to the UNCITRAL Model Arbitration Law (MAL). Act 15 of 2017 cements South Africa’s position not only as a venue for international arbitration but also for the enforcement of foreign arbitral awards, making this title indispensable for South African arbitrators wanting to gain experience in international arbitration.

The following appendices are incorporated in the second edition of The Law of Arbitration:

• The Arbitration Act 42 of 1965;
• The Rules for the Conduct of Arbitrations (2018 Edition) of the Association of Arbitrators (Southern Africa);
• The International Arbitration Act 15 of 2017, together with its Schedules (UNCITRAL Model Law on International Commercial Arbitration; UNCITRAL Conciliation Rules; Convention on The Recognition and Enforcement of Foreign Arbitral awards)

Air Law: A comprehensive sourcebook for Southern African pilots is the first book on air law published by a leading academic and is intended to serve the Southern African pilots' community. Written in a straight-forward style, Air Law is fully referenced and clearly presented. The book provides student pilots and their instructors with the in-depth knowledge that pilots need to pass their examinations and obtain their licences. Air Law offers private pilots a source of legal reference that will enable them to remain competent and compliant aviators and guides them through complex regulations. Air Law will also help commercial pilots to secure the core knowledge of air law that they need to progress to advanced procedures. The book contains a section intended for drone pilots. Air Law tells a story: that of flying safely. The book offers readers who are passionate about aviation a deep insight into the art of safe flying. You will follow a VFR pilot on a cross-country flight, and see how the rules, regulations, and demands of air law are there to produce better pilots, and to make flying a unique and long-lasting human experience.

This bilingual casebook assists undergraduate students in the areas of law dealing with partnerships, companies and insolvency. Generally, cases have been reproduced in their entirety to show students the various sections that make up a reported case. In more complicated cases the relevant facts have been summarised and the most important parts of the judgment reproduced.

Police officials under the Constitution are responsible for upholding the law and protecting South African citizens. Applied Law for Police Officials aims to give police officials the knowledge and understanding that will equip them to do so.

In order to investigate crime effectively and to gather evidence that will enable the prosecuting authorities to secure convictions after following due process of law, police officials must be familiar with the fundamental elements of criminal law, criminal procedure and the law of evidence. In Applied Law for Police Officials these elements are explained and discussed in the context of a Constitution that endorses the importance of human rights.

This fifth edition of the textbook has been updated with the latest case law and is also enhanced to reflect the most recent attempts by Parliament to curb criminal behaviour. New topics, such as offences related to essential infrastructure, organised crime, human trafficking and cybercrime, have been introduced and are explained in a manner that is practical and will benefit police officials of all ranks and levels of experience.

The purpose of this handbook - Know your Rights, Claim your Rights - is to provide a straightforward overview of the Constitution of South Africa; to set out the basic constitutional rights and responsibilities of all South African citizens and to assist in drawing the attention of civil society to the remedies available when their rights have not been respected and upheld.

Since 1994 there has been a surge in private land ownership by low-income citizens in South Africa. Approximately a third of residential properties registered by the Deeds Office are previously State-subsidised houses. More than 12 500 000 people live in these homes, constituting a large base of individuals requiring legal services. Many of these new property owners live at the interface between the formal and informal economy. Standard property, succession and family law approaches are often ill-equipped to suitably address the many and distinctive (power) imbalances typical of this sector.

New legal strategies affordable to both lawyer and client need to be developed. This book discusses methods for developing pro-poor contracts and land tools for low-income clients. Prenuptial and cohabitation agreements, housing rights and land ownership are explored, since they are areas core to the sustainability of the private law.

Embark on a comprehensive journey into forensic document examination with this specialised guide, tailored for aspiring forensic document examiners, investigators, legal professionals, and the judiciary. Covering a spectrum of topics, from document definition to the future of forensic document examination, Forensic Document Examination Techniques Supporting Investigations and Judicial Procedures highlights the vital role of examiners in discerning document authenticity and contributing to criminal case and civil case resolutions.

The book explores the diverse responsibilities of forensic document examiners, from consulting with law enforcement and legal practitioners to serving as expert witnesses. Forensic Document Examination Techniques Supporting Investigations and Judicial Procedures emphasises effective communication skills, providing insights into key considerations, including cases, expert evidence weight, and logical reasoning in examination reports.

Focused on the integrity of document evidence, the book discusses proper collection and preservation methods, illumination techniques, and authentication questions arising from document disputes. The concluding section delves into a range of examinations, covering paper and ink analysis, alterations, electronic signatures, and the impact of the Fourth Industrial Revolution (4IR).

The authors envision the future forensic document examiner as a multi-skilled professional navigating digital technology, biometrics, and statistics. With a positive outlook on the evolving landscape.

How may an employer effect a dismissal that does not fall foul of the law? What is an unfair labour practice? How and when does an employer discipline an employee? How do you formulate charges? How do you prepare for an arbitration?

The answers to these and other questions can be found in this book, which aims to alert both employers and employees of their respective rights and how these rights can be enforced and protected.

This book is not an arid reflection on labour law. It is an attempt to initiate a sound understanding of the basic principles of labour law and to instil a practical approach to work-related issues. Any person, whether an employer or employee, who needs to understand labour issues without being burdened by esoteric legal principles will find this book helpful.

Collective Labour Law is the most thorough and comprehensive book available on the law governing the relationship between organised labour and employers in South Africa.

The book covers topics such as the recognition of trade unions as bargaining agents, how organisational rights are acquired and lost, the collective bargaining process, strikes and lock-outs.

Copious examples from case law give the reader insight not only into the law but also into the events that led to conflicts which ended up in the courts. The book is written in the clear and readable style for which the author has become acclaimed.

Collective Labour Law is part of a quartet of books by John Grogan that covers the entire field of labour law as it has developed in South Africa to date. The book is also available in digital format, which offers subscribers ongoing quarterly updates.

Property in Housing unpacks the right of access to adequate housing (section 26 of the Constitution of the Republic of South Africa, 1996) from a property perspective. The purpose of the volume is to reassess how and to what extent property plays a role in the protection, promotion and fulfilment of this right.

The characteristics of access to ‘adequate’ housing – as articulated by the United Nations Committee on Economic, Social and Cultural Rights in its General Comment 4 – serve as an organising framework for the volume. It is within this framework that we explore how property law can be used and aligned to implement the right of access to adequate housing as a vehicle for large-scale transformative aims.

Themes that are used to explore the vigorous relationship between property and housing include the centrality of the home in housing versus proprietary conflicts; the extent to which property narrates the conception of adequate housing, absent dedicated legislative reform; and the instrumentality of property as a vehicle for transforming the housing sphere.

The property paradox in the context of the housing clause is threefold: the property institution must be curtailed to make way for housing interests; it must be utilised (with legislative measures and sometimes without) to do some of the section 26(1) heavy lifting – for instance, to provide secure tenure or ensure access to services; and it must foster a culture of regulation by way of the constitutional property clause (section 25), to provide the required access to the spaces that we envision adequate, at the costs that we consider reasonable.

The monograph first introduces the authors’ approach, methodologically and theoretically, with reference to the history of property in housing in South Africa, the limited juridical development of our understanding of ‘adequate’ housing in the constitutional dispensation, the way in which housing relates to other constitutional rights, and the characteristics of having adequate housing. The remainder explores each of the internationally recognised characteristics by drawing on property law – security of tenure, services, accessibility, habitability, affordability, location and cultural adequacy – as components of the organising framework to interpret the progressive realisation of the South African housing mandate and respecting its anti-eviction measures. The development of the normative and substantive content of the right of access to adequate housing lies in the space left incomplete by property law. As such, this monograph is a call to action for this development to be achieved in order to foster a democratic South Africa for all who live in it.

Property in Housing will be a valuable resource for subject specialists, researchers, advanced students, practitioners and the judiciary alike.

Studente sal hierdie boek van groot waarde vind by hulle studie van die Strafprosesreg. Dit maak lesers vertroud met die fundamentele beginsels en waardes onderliggend aan hierdie gebied van die reg en lei hulle stelselmatig deur die proses wat op strafsake van toepassing is.

Professor J P Swanepoel (voormalige staatsadvokaat met beduidende praktiese ondervinding in die strafhowe) en Professor J J Joubert is beide afgetrede lede van die Departement Straf- en Prosesreg van die Universiteit van Suid-Afrika. Professor S S Terblanche (voorheen ’n landdros) is ’n lid van die Departement Straf- en Prosesreg van die Universiteit van Suid-Afrika en het al ruim bygedra tot die literatuur met betrekking tot vonnisoplegging. Professor S E van der Merwe was professor in Publiekreg aan die Universiteit Stellenbosch en is steeds ’n produktiewe skrywer oor hierdie vakgebied. Professor G P Kemp is ’n lid van die Departement Publiekreg van die Universiteit Stellenbosch en sy publikasies oor die strafregspleging verwys gereeld na sy spesialiseringsgebied, die internasionale strafreg. Professor D Ally is Hoof van die Departement Regte van die Tshwane University of Technology en het ’n aantal artikels geskryf met die strafproses as onderwerp, en met besondere verwysing na die impak van die Grondwet op die strafproses. Dr M T Mokoena is Hoof van die Departement Straf- en Prosesreg van die Universiteit van Suid-Afrika en lewer publikasies oor die strafprosesreg, insonderheid borgtog.

Women and Cyber Rights in Africa explores the challenges faced by African women in cyberspace, highlighting the exacerbation of gender inequalities by emerging technologies.

Authored by African female researchers, it employs multidisciplinary approaches and Afro-feminist theories to discuss biases, stereotypes, and the impact of patriarchal structures.

The book addresses limited digital literacy, gendered cyber-criminality, and inadequate gender-sensitive policies. It aims to spur effective policy development and further research on African women's cyber rights.

Employment Rights forms one volume of a quartet by the author, which together covers the entire field of labour law as it has developed in South Africa to date. This volume deals with relations between employers and employees from the commencement of employment to its termination, and highlights the drastic inroads which have been made on the managerial prerogative by legislation, in particular the Basic Conditions of Employment Act, the Labour Relations Act and the Employment Equity Act.

The reader will find detailed discussion of the employment contract, unfair labour practices, unfair discrimination and affirmative action, unemployment insurance and skills development.

The book is written in the clear and readable style for which the author has become acclaimed, and each topic is copiously illustrated with examples drawn from the case law.

This second edition of Extinctive Prescription aims to reflect the law as developed by judgments and statutory changes over a period of more than twenty years since the publication of the first edition.

The principles of extinctive prescription have been scrutinised by the courts in numerous reported cases over this period, including prominent judgments of the Constitutional Court dealing with the justification for extinctive prescription, the concept of ‘debt’, and the knowledge requirement for prescription to begin to run. This edition also examines the principles governing the co-existence of the 1969 Prescription Act and prescription or time limitation provisions in other statutes, with reference to certain prominent examples. A new chapter 12 deals with procedure.

Reported cases continue to illustrate the practical importance of extinctive prescription and the thorough analysis of theory and policy required for its application.

Contract: General Principles examines the concepts, principles and rules relating to contracts, and considers the jurisprudential, constitutional, and social context in which contract law operates. The authors’ expert analysis and exposition of the legislative and common-law principles underlying the law of contract provides a rich, illuminating reading experience for legal practitioners, law students, and members of the general public interested in the subject. The authors explore the theoretical basis and structure of the South African law of contract and discuss the role played by the courts – which includes discussions of the latest court decisions and other sources of reference – in the interpretation and application of these rules and principles. Where the law is not settled, divergent opinions are considered and solutions offered, often referring to foreign jurisdictions.

The sixth edition of Contract: General Principles highlights the importance of the Consumer Protection Act in relation to the construction and conclusion of contracts, and includes a discussion of new developments in the electronic age, including the use of smart contracts and their application to various aspects of contracting. Close attention is paid to the influence of constitutional jurisprudence and the role of good faith and ubuntu in the formation and enforcement of legal agreements, or as informing the application of the public policy standard. The treatment of the practical application of this standard in the context of agreements in restraint of trade has also been significantly expanded.

While the book’s basic approach has been retained, the chapters have been substantially refined and reworked with a sharper focus on the applicable principles and rules.

This second edition of Understanding Money Laundering and Illicit Financial Flows explains these two concepts and outlines strategic responses to deal with them. The book explores the forms of money laundering and illicit financial transfers; mechanisms used to launder money; measures to curb, investigate and monitor these crimes; and asset forfeiture.

Understanding Money Laundering and Illicit Financial Flows also considers new strategic approaches to combating these crimes. It touches briefly on the funding of terrorism, which is seen as closely connected to laundering and illicit transfers. The book includes clear illustrations, useful statistics, explanations of frequently used terms, a comprehensive bibliography and recommendations for further reading.

Understanding Money Laundering and Illicit Financial Flows provides the reader with an easy entry into these complex subjects. The book will be useful not only for role players in the public sector – such as policy makers, politicians, law enforcement officials and regulators – but also for businesses and managers in the private sector. Written in an accessible way, the book is aimed at both professionals and a broader audience.

Corruption in South Africa: A Legal Perspective offers a comprehensive analysis of the legal and institutional frameworks addressing corruption in South Africa.

With eleven insightful chapters covering the international anti-corruption landscape, domestic legislation, the impact on human rights, public procurement, money laundering, and the critical role of civil society, courts, and commissions of inquiry, this book is an essential resource for anyone seeking to understand the challenges of corruption in South Africa and the legal battle against it.

Designed for academics, policymakers, legal practitioners, students, and the general public, this groundbreaking work sheds light on a crucial issue facing the nation today. It is written in a style and language that make it accessible and easy to understand even for those without any legal background.

Zimbabwe’s Constitution of 2013 provides for multi-level government at national, provincial and local level. This book explores the nature, evolution and future of this multi-level system of government against the background of international best practices.

Provincial and Local Government Reform in Zimbabwe: An analysis of the Law, Policy and Practice considers key questions about the multi-level system of government and shows how it radically differs from the old Lancaster House constitutional order.

The roles that provincial and local governments, as well as traditional leaders, fulfil in the new order are examined, the reforms needed to implement the system are outlined, and lessons to be learnt from other countries with multi-level governments are considered.

This book aims to aid the realisation of Zimbabwe’s constitutional goals of development, democracy and peace through effective multilevel governance and contributes to the international discourse on decentralisation and the role of subnational governments in Africa.

This book is the first South African work on this crucial new tool for the successful investigation and prosecution of crime.

It introduces readers to the biological principles of DNA and emphasises the importance of the chain of custody and pre-trial disclosure. It also looks at the process that a DNA-sample has to go through before a DNA test result can be produced, as well as an explanation of test result interpretation.

The meaning of a DNA match is explained, as well as aspects of population genetics, statistical calculations and DNA databases.