A Reasonable Man: Essays in honour of Jonathan Burchell is a collection of essays published in honour of Jonathan Burchell in recognition of his commitment to the academe and his strong sense of loyalty to the institutions in which he has worked, particularly to students and colleagues.

The breadth and impact of his research in the fields of both delict and criminal justice are attested to by the esteemed multidisciplinary scholars who contributed to this work.

The focus of this volume of Acta Juridica - Foreign Direct Investment and the Law: Perspectives from Selected African Countries - is the relationship between foreign direct investment (FDI) and the law, within the context of FDI in Africa and the role of the Agreement establishing the African Continental Free Trade Area (AfCFTA).

The book is a compilation of essays by authors who are specialists from across the spectrum of the law, bringing together their diverse contributions under the banner of foreign direct investment. More specifically, the authors consider the law and foreign direct investment from an African perspective, both regionally and country-specific, in the context of bilateral investment treaties, property law, the legal integration of business law, the role of investment and regulatory policies, dispute resolution, tax incentives and labour regulation.

Private Law in a Changing World honours the work of Professor Danie Visser and celebrates his return to research after almost a decade as Deputy Vice-Chancellor of the University of Cape Town. It considers the ways in which the law of obligations has evolved in response to external forces in both the recent and remote past – or, to switch perspectives, the high degree of internal coherence and continuity which it has maintained over time despite the operation of such forces.

Leading scholars of legal history and private law from six jurisdictions consider topics drawn from across the law of contract, delict/tort and unjust/unjustified enrichment.

Their insights shed light on contemporary debates around the world regarding the value of doctrinal scholarship, and on the debates regarding the decolonisation of private law currently unfolding in South Africa.

This book offers a comprehensive account of South African administrative law with an emphasis on judicial review of administrative action. First published in 2007, Administrative Law in South Africa was soon established as a leading scholarly work in its field. The first and second editions by Cora Hoexter both attracted a remarkable number of judicial citations with approval.

The updated third edition by Cora Hoexter and Glenn Penfold takes account of almost a decade of case law and commentary since the second edition appeared in April 2012. Although considerably expanded in length, the third edition retains the clarity and accessibility that characterised the first two editions.

The work is intended primarily for the subject specialist but will be appreciated by all who work with this branch of public law, including judges, practitioners, academics, students and administrators.

An introduction to Family Law in Zambia is an instrumental addition to the texts on Family Law in Zambia, it discusses key legislative reforms including the Children’s Code Act, the Anti-Gender Based Violence Act, the Matrimonial Causes Act of Zambia and the Marriage (Amendment) Act of Zambia. The book further discusses key Supreme Court decisions that have immensely transformed the field of family law. An introduction to Family Law in Zambia thus provides a comprehensive, up-to-date and reliable guide for students and law practitioners.

The book is designed to equip undergraduate students and students preparing for the legal practitioner’s qualifying exam with necessary knowledge required for family law practice. The book incorporates chapter summaries and provides a guide on approaching questions on family law to reinforce student learning

Part of the Quantum of Damages series, the Quick Guide provides researchers with a compact guide aimed at quickly and easily categorising injuries and determining comparative quantum awards handed down in both the courts and in selected arbitrations.

Content:

• Cases contained in the latest revision service to Volume VIII of the Quantum of Damages
• Awards by category (spine and brain, head injuries, neck and back, upper limbs, lower limbs, hip, and pelvis, face, internal organs, the senses, multiple injuries, miscellaneous injuries/conditions)
• Combined alphabetical list
• Alphabetical list by volume
• 2024 CPIX Table (1946-2024) to upgrade historical awards
• Glossary of medical terms
• Medical diagrams

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.

Denis Cowen (1917-2007) is renowned for his work on negotiable instruments. Selected Essays presents readers with other facets of his life's work. His seminal essays and articles helped define areas of law such as constitutional law, environmental law, law of property and statutory interpretation. As a public intellectual in the liberal tradition, he spoke with great timeliness, insight and insistence, during apartheid, about the need for a court-enforceable bill of rights, academic freedom and pre-publication censorship.

Cowen on Law: Selected Essays spans more than 50 years of his lively, contentious and beautifully constructed texts. Leading legal thinkers introduce newly-accessible texts and provide us with a contemporary, evaluative lens. The book reveals to readers a fascinating mind. It also serves as an engrossing reflection on South Africa's legal past as well as the intersection of law and society.

Women’s security in political, economic and social terms is directly linked to the pervasive problem of violence against women. Violence Against Women: Law, Policy and Practice seeks to understand this particular form of human rights violation, by situating violence against women in its historical, political, socio-economic and legal context in South Africa.

Whether in the private or public spheres, violence against women prevents women from realising a broad range of human rights that are central to full, inclusive and participatory citizenship. The authors of this volume reflect on the many forms of violence against women, the applicable laws and policies, and the challenges to effectively responding to this widespread violation of human rights.

Their contributions consider the role of law, policy and practice in relation to a broad range of themes including sexual violence, violence against women at the margins of systems and societies, and the impact on those who are working to defeat violence against women, whether as activists, practitioners or scholars.

Understanding Land Tenure Law contains a commentary on land tenure law in South Africa together with the three key pieces of legislation: the Land Reform (Labour Tenants) Act, the Extension of Security of Tenure Act and the Prevention of Illegal Eviction from Unlawful Occupation of Land Act.

The text explains key definitions in the law and provides useful, practical guidelines on land rights disputes. Understanding Land Tenure Law also sets out the nature and scope of legal protection available to occupiers of land and labour tenants, with a section on access to the courts, including the Land Claims Court.

This book was developed by Cheadle, Thomson and Haysom Inc under the auspices of the Department of Land Affairs' Legal Services Project of the Land Rights Management Facility.

The motivation for this particular law of obligations is the notion that the core assumptions of the dogmatic structure of each field, and of the law of obligations as a whole, can be expected to begin to show their imperfections more clearly the further one moves from the centre, and that this kind of examination affords an opportunity to reassess both the current premises in each field as well as the overall structure of obligations.

The issue of pre-trial release or bail remains an important topic in the criminal justice process. This is mainly because bail is concerned with one of the most important principles of justice, namely, individual freedom. The denial of release after arrest constitutes, without doubt, serious infraction to personal freedom. Thus, knowledge of the processes related to pre-trial release is important, not only to lawyers, but also to all who are interested in the right to freedom.

A Guide to Bail Applications second edition expands on some of the most important issues, case discussions and case excerpts related to bail applications. New information is also included which offers somewhat fresher perspectives to the material, without necessarily detracting from the general style, poise and content of the previous edition.

Health research has made spectacular strides over the past few decades. The value of health research is obvious and irrefutable. What is not so apparent is that people who participate in research may be harmed during the process. Africa prides itself in having some of the most respected universities globally. It is a continent of immense research potential. At the same time, Africa suffers from many of the health burdens of low-income regions. While it affords many research opportunities, this creates the potential for the misuse of power on vulnerable individuals and populations.

This book explores why participants in health research require protection. It also explains how ethical principles and the law can assist inter alia research ethics committees, researchers, funders and institutions at which research is conducted, to safeguard the rights and dignity of individuals contributing to the research enterprise. It engages with this imbalance and examines how well-intentioned aims of ethical health research can be achieved while simultaneously maximising the protection of research participants. It draws on local and international documents and expertise to inform the resolution of many ethical dilemmas and complexities that inevitably arise in health research.

Health Research Ethics: Safeguarding the Interests of Research Participants provides a solid understanding of the normative values for protecting research participants against exploitation, harm and wrong. Since research ethics is multidisciplinary, this book will be of value to a range of professionals and academics inter alia those from the health sciences, social sciences, and legal disciplines.

The second edition of Child Law in South Africa provides insight into the profound impact of recent legislative changes and developments in the associated regulatory frameworks, the judicial interpretation of ground-breaking case law, and the latest research findings in child law in South Africa. The work that has been done at an international level is also incorporated as far as possible within the confines of the topics addressed in this publication.

This new edition of Child Law in South Africa does not merely follow in the path of its predecessor: this publication includes 11 entirely new chapters and 11 ‘new’ authors – experts who did not contribute to the previous edition. Even the ‘revised’ chapters add value as they systematically and critically deal with new knowledge and enhance research.

Child Law in South Africa is written by 22 experts in the field, edited by Professor Trynie Boezaart, an internationally acknowledged researcher in child law, and independently peer-reviewed. The book reflects the enormous scope and dynamics involved in child law and is sure to encourage further debate and analysis.

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 handbook aims to provide a comprehensive overview of the multi-faceted art law within the legal framework applicable to South Africa.

In four 'phases', it provides answers to legal questions that arise from the initiation of an art project up to its exploitation. It is aimed at both law students who have an academic interest in an in-depth introduction to art law and practitioners from the art world, and is therefore equipped with numerous explanatory examples.

The contents were prepared by students of the Art Law Clinic Stellenbosch and revised by the editors.

The Constitutional Law Casebook consists of approximately fifty case extracts from significant judgments handed down by South African courts. The majority of the cases discussed are decisions of the Constitutional Court, although some extracts are from significant decisions of the Supreme Court of Appeal.

The cases are considered under separate themes, for example, separation of powers, equality, property etc. The extract selected from each case traces the development of the principles applicable to each particular category.

An introductory question on the legal issues introduces each case discussion. This is followed by a brief description of the factual background and the legal history of the case. The key legal issues to be determined by the Court are then identified. An extract of the relevant paragraphs of the decision itself follows, tracing the Court’s ratio decidendi in answering the introductory question. The order is quoted as well, where it provides a useful confirmation of the ratio decidendi.

Three to five questions for students follow each case extract. These are intended to spark debate around the issues raised in the judgment, to test comprehension of the decision and to encourage a deeper reflection on these issues. The questions may be used to initiate class discussions, or as essay topics for students.

The Fifth Edition of this established and handy guide to the Rules of the CCMA (including the 2018 amendments) includes the CCMA’s Guidelines on Misconduct Arbitrations, as well as a useful Practical Guide for an Unfair Dismissal Claim in the CCMA.

It includes a useful Practical Guide for an Unfair Dismissal Claim in the CCMA.

This publication is both a legal text for practitioners, with reference to legal precedents, and a handbook for the person in the street who wants to use the CCMA. It is published in a pocket-size for quick reference and easy use in CCMA hearings.

Legal language, or ‘legalese’ as it is sometimes called, is a language that many people find hard to understand. This is because some of the words and phrases that lawyers and other legal experts use do not form part of regular everyday communication. However, when these experts speak and write using unfamiliar language it is often because they have to: ‘ordinary’ language cannot properly or accurately describe the often complex concepts and issues involved.

This dictionary bridges the gap between the world of everyday language and the world of legal language. Users can access over 20 000 legal words, each of which is explained in plain English for the benefit of people without a legal background, as well as legal practitioners, law students and other members of the legal profession.

The dictionary deals with the areas of criminal law, criminal procedural law and law of evidence, and is aimed at familiarising users with the use of legal language in a number of settings, including the courtroom. A bilingual publication, this English–Afrikaans / Afrikaans–English dictionary also contains a useful list of Latin terms and phrases, together with explanatory notes, as a centre insert. Synonyms, homonyms and polysemes are identified and explained, and the dictionary provides guidance on the use of abbreviations and how to cross-reference lemmas (headwords).

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.

Modern Company Law for a Competitive South African Economy presents a progressive discussion of selected corporate law matters brought about by the new Companies Act 71 of 2008.

The book covers the areas of corporate formation and corporate finance, corporate governance and mergers and takeovers, business rescue, and the enforcement and regulatory regime.

This publication is almost certainly the first attempt to grapple rigorously with selected aspects of corporate law contained in the new Companies Act.

The Legal Profession in South Africa: History, Liability & Regulation discusses the history of the legal profession in South Africa, the common-law liability of legal practitioners and the regulation of the profession. The work describes the development of the profession in South Africa, highlighting the complex role that practitioners have played in the development of our society. It also explores the legal nature of the relationships that may exist between practitioners and clients as well as between practitioners themselves.

The fundamental questions at the core of the book are: what are the duties that are imposed upon legal practitioners by contract law or otherwise, and under what circumstances can they be held liable towards clients and third parties? The most important provisions of the Legal Practice Act, as well as the Rules and Regulations issued under the Act, are set out and explained. The broader issues of legal ethics and professional conduct are considered along with the ethical and statutory duties of legal practitioners towards clients, the courts and their colleagues.

The final chapter covers personal costs orders, setting out the categories and instances in which courts have made these orders in the past. This book is aimed at anyone interested in the legal profession. It is an essential addition to the library of legal practitioners who will benefit from the discussion of various theoretical and practical issues related to the work they do. It is also a useful tool for law students who seek a better understanding of the legal profession.

The law of Expropriation has been changed by the Constitution in important respects, including the circumstances in which Expropriation may be used for land reform, and the measure of compensation. It will feature prominently in South Africa's land reform programme, and is considered in the first eight chapters of the book. Three chapters are devoted to the acquisition of rights by labour tenants under the Land Reform (Labour Tenants) Act. The restitution of land rights, under the Restitution of Land Rights Act, to people deprived of, or prevented from owning land, by racially discriminatory laws or practices after 1913, is given detailed analysis. Acquisition of rights by ways of necessity and prescription are each dealt with in separate chapters.