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Books > Academic & Education > Varsity Textbooks > Law
Taxation of Legal Costs in South Africa provides clear and practical guidance on taxation of costs, which will assist in determining reasonable costs in line with the existing legal system. Taxation is about the quantification of legal costs and therein lies the crux of any costs issue. The book explains how the process of taxation exercises control over costs that are legally recovered so that fees and costs are reasonable. Taxation of Legal Costs in South Africa identifies the key aspects of costs and all aspects of taxation. It records and integrates the practices, rules, tariffs and judgments of court to provide a practical resource. The discretion that is applied in taxing bills of costs and the principles relied upon in reviewing taxations are discussed extensively. The book analyses maximum tariffs that legal practitioners may charge, which have a significant impact on both the public and the legal profession. The author also offers practical suggestions for solutions to challenges that arise in practice.
While a great deal has been written on the topic already, this textbook focuses on introducing human rights law in a comprehensive but easy-to-understand manner to the benefit of both lecturers and students. It is hoped that this work will assist lecturers who teach the subject at first- or second-year level, both in the LLB degree and other university programmes, as well as non-governmental organisations and others parties who train their staff or stakeholders in basic principles of the law. The book should also benefit students by covering the breadth of human rights law directly applicable to students studying law in South Africa. The text contains a number of scenarios to help readers grasp the material being discussed by illustrating relevant constitutional principles and issues. Cases are integrated into the text in a manner that should facilitate an understanding of their application. This book contains complete court judgments, statutes, a bibliography and questions to respective chapters which will assist lecturers and students in finding their way beyond the book at whatever level they deem appropriate.
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.
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.
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.
A practical guide to what international human rights law means and how that knowledge can be used on behalf of victims, this volume should make a contribution to the empowerment of those it sees as at risk, as well as providing a different view of a world which upholds a common standard of respect for human dignity.;It includes: a detailed commentary on the international covenant on civil and political rights; discussion on the changing priorities in a state in transition from one-party rule to multi-party rule; and extensive appendices including the basic international human rights texts, their signatories and a list of international organizations and NGOs.
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.
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 second edition of contemporary labour relations addresses pertinent issues in the dynamic field of labour relations and reflects the fast pace of change by including the latest concepts, practices and systems found within South African labour relations today. It covers theory and perspectives of labour relations in South Africa, as well as labour relations history and environmental influences, and the important subject of labour economics.
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.
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:
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.
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.
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.
Michael Sandel's Justice: What's the Right Thing to Do? invites readers of all ages and political persuasions on a journey of moral reflection, and shows how reasoned debate can illuminate our lives. Is it always wrong to lie? Should there be limits to personal freedom? Can killing sometimes be justified? Is the free market fair? What is the right thing to do? Questions like these are at the heart of our lives. In this acclaimed book Michael Sandel - BBC Reith Lecturer and the Harvard professor whose 'Justice' course has become world famous - gives us a lively and accessible introduction to the intersection of politics and philosophy. He helps us think our way through such hotly contested issues as equal rights, democracy, euthanasia, abortion and same-sex marriage, as well as the ethical dilemmas we face every day. 'One of the most popular teachers in the world' - Observer 'Enormously refreshing ... Michael Sandel transforms moral philosophy by putting it at the heart of civic debate' - New Statesman 'One of the world's most interesting political philosophers' - Guardian 'Spellbinding' - The Nation
Over the last five years the principles and practices of organisation development have evolved so rapidly in South African organisations that practitioners and consultants in this field are increasingly employed to facilitate specialised processes and interventions. This book is an attempt to present a clear and comprehensive picture of the theory and practice of organisation development and transformation.
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.
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.
This book has grown out of the experiences of years of teaching introductory courses in law, to both law and non-law students here in Botswana and in other countries. Although it builds on E. K. Quansah’s earlier mimeograph, Introduction to the Botswana legal system, this book is specifically written as a comprehensive textbook that targets law and non-law students as well as anyone concerned with the operation of the law. Structurally, it is divided into five parts. Part I provides a general introduction to the nature and functions of the law as well as a brief outline of the major legal systems that operate in the world today. Part II contains a detailed account on the background to the present legal system in Botswana and then identifies the different sources of law that are applied in the courts in the country. Part III examines the various courts in the country as well as the different categories of legal personnel who are involved in the administration of justice in the country. Part IV deals with the enactment and interpretation of statutes. The final part discusses some of the crucial issues that have troubled students when tackling law examinations and also examines some of the key issues in writing a good legal essay and legal research paper.
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.
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 |
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