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Books > Academic & Education > Varsity Textbooks > Law
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.
This edition of Meyerowitz on Administration of Estates and their Taxation offers a clear and comprehensive overview of the administration of deceased estates in South Africa, as well as the taxes relating thereto. Covering key aspects such as wills, intestate succession, reporting procedures and the duties of executors, the book is designed for legal practitioners, fiduciary professionals, the judiciary, the Master, and anyone involved in estate administration. With up-to-date references to legislation and case law, the book serves as an accessible and reliable resource for navigating the complexities of estate administration and the taxes applicable to the death of a person.
Labour Relations: A Southern African Perspective is the ninth edition
of a landmark text first published in 1989 under the title Industrial
Relations in South Africa. Over more than three decades it has become
the standard reference for understanding how employment relationships
are shaped by South Africa’s social, political and economic context.
This work is aimed at non-law students and covers legal issues normally relevant for such students. This work is the English rendition of Besigheidsreg. Like its Afrikaans counterpart, it is aimed at non-law students and owes its existence to the need for a less comprehensive and affordable students' handbook dealing with all the legal issues normally relevant for such students.
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.
The South African Law of Unjustified Enrichment sets out the principles governing the general requirements of enrichment liability as well as the traditional specific enrichment actions. These actions cover a broad range of situations where someone enriched another by conferring a benefit for a purpose that failed, or by improving another’s property or paying another’s debts without authorisation, or where someone was enriched by infringing another’s rights. Since the first edition of this work there has been greater judicial recognition of the general principles of enrichment liability and a decreasing interest in the identification of specific enrichment actions. These developments have increased the risk of the general requirements for enrichment liability being treated as free-floating concepts that may be resorted to whenever it is felt that duties of restitution must be imposed. The second edition seeks to address this challenge, and also engages with developments in the law relating to the unwinding of contracts, undoing the consequences of fraud and theft, and locating enrichment liability in its broader constitutional and statutory context. Over 400 new judgments, as well as major developments in foreign law are considered.
A successful and competent administrative manager is integral to any profitable and efficient organisation or working environment. A successful and competent administrative manager is integral to any profitable and efficient organisation or working environment.
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.
This publication creates a clear understanding of the Administrative
Adjudication of Road Traffic Offences Act 46 of 1998 (AARTO), and the
gazetted regulations.
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.
This sixth edition of the established work Principles of Criminal Law, now Burchell’s Principles of Criminal Law, includes a number of compelling new features. Written by three specialist authors – Emeritus Professor Jonathan Burchell, Professor P J Schwikkard and Dr Tshepo Bogosi Mosaka – it contains substantially improved chapters on corruption, substance abuse and organized crime, as well as fuller debate on consent to die with dignity. It places greater emphasis on customary law and submissions on mistaken belief in consent in rape cases. There are also new chapters on witchcraft and hate crimes (incorporating hate speech).
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.
Road Traffic Safety: Theory and Practice is a definitive guide that culminates exhaustive research and hands-on experience in the realm of road traffic safety. Its primary objective is to empower practitioners to create safer road environments, ensuring maximum safety for all road users, maintenance personnel, and emergency responders.
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.
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.
This updated Basic Guide to Criminal Procedure explains the law of criminal procedure in understandable language and with reference to the rights in the Constitution of South Africa. Useful discussions of relevant cases are included throughout the book. The important forms used in criminal procedure are also provided as annexures at the back of the book. This book is a valuable resource for paralegals, police officers, traffic officials and other law enforcement officers who deal with criminal procedure every day and who must understand and implement the law.
The Conduct of Financial Institutions (COFI) Bill aims to regulate market conduct in the financial sector. This legislative instrument will repeal the Financial Advisory and Intermediary Services Act 37 of 2002 (FAIS Act) and will regulate market conduct in keeping with the objectives of the Twin Peaks system of financial regulation. The commentary provides some background on the objectives of the COFI Bill and the way in which these objectives will be realised. In addition, it provides information on how the COFI Bill builds onto the FAIS Act and evaluates new aspects of market conduct zqthe possible impact of the COFI Bill on the financial services industry and is a helpful tool to assist financial services providers in preparing their compliance framework for the implementation of the provisions of the eventual Conduct of Financial Institutions Act.
Ahistorical overview of the development of mineral law prior to the enactment of the Mineral and Petroleum Resources Development Act 28 of 2002 (‘MPRDA’) a theoretical analysis of the basis of the custodian structure that was adopted in the MPRDA. A systematic exposition of the acquisition, nature, content, transfer and loss of rights, permissions and permits to minerals and petroleum. An overview of conflict resolution between the exercise of rights to minerals by prospectors or miners and owners or occupiers of land. A synopsis of the registration of rights in the Mineral and Petroleum Titles Registration Office
“Hofmeyr’s Admiralty Law is a comprehensive discussion of the law of
admiralty jurisdiction in South Africa. There are extensive references
to case law, which is critically analysed. Reference is frequently made
to the law in comparative jurisdictions. The third edition incorporates
a considerable body of case law and academic comment which has
developed our emerging admiralty jurisprudence since the release of the
second edition in 2012.
This book describes and analyses the relevant aspects of civil marriage
and its dissolution in Namibia within the contextual framework of the
common law, statute law and 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.
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 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. |
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