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.

This guide on the do’s and don’ts of flying a civilian drone legally is intended for:

• Drone enthusiasts who want to fly drones privately, but don’t know what is legal and what is not.
• Aspiring commercial drone pilots who want to find out more about licences.
•  Lawyers who need to understand drone regulations.
• Operators, especially those who want to get into surveying, photography and film, and security.

Labour Litigation and Dispute Resolution, first published in 2010, is the most comprehensive exposition of practice and procedure in the various forums charged with resolving employment and labour disputes in South Africa.

It provides an overview of the nature, powers and jurisdiction of the CCMA, bargaining councils, the Labour Court and private arbitrators, and guides the reader though the maze of rules and procedures that must be followed to process matters through these forums, while giving useful tips on how to avoid or surmount obstacles that might arise along the way. This book is more than a practice manual. Written in the clear and lively style which characterises the author’s writing, it sets out the principles underlying the issues discussed, and illustrates them with many examples from decided cases.

The 4th edition of Labour Litigation and Dispute Resolution will be an indispensable part of any practitioner’s library.

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.

Developments have turned the study of South African constitutional law, even at an introductory level into a major undertaking. The purpose of this book is to guide the student of constitutional law in such an undertaking.

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 Law of Evidence in South Africa, Third Edition offers a clear, concise, and applied introduction to the principles governing the law of evidence in South Africa, including the verification of truth within customary law contexts.

This third edition is revised and updated to reflect key legal developments that have emerged since the publication of the previous edition. It also provides insightful analysis of the evolving technological landscape and its implications for evidentiary principles and practice.

Structured to promote clarity and comprehension, the text presents content in a logical sequence that supports both learning and application. A conceptual and inquiry-based approach encourages independent, critical, and reflective engagement with the subject matter.

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.

This casebook provides undergraduate students with property law cases and materials accompanied by insightful and critical commentary.

The layout and structure of case reports and legislation are discussed and explained, and students are provided with practical hints and advice regarding the reading of cases and legislation. One case is reproduced in full and used as an example of how cases should be read and analysed. Other cases are reproduced selectively to allow students to develop and exercise their skills in the reading and analysis of cases.

The ninth edition (2021) was updated with case law up to December 2020. In view of financial considerations, the decision was made to produce this edition in English only. In some instances, cases which were discussed in some detail in the eighth edition of the Introduction to the Law of Property were not discussed again in the Casebook, since the idea is that these two books should be used together. We, therefore, approached the updating of the Introduction and the Casebook as one integrated project instead of two separate books. Under its new authorship, it was also decided to provide unofficial translations of the Afrikaans decisions to make some landmark/important law of property cases accessible to a greater number of students. These translations are in no way meant to be quoted in any official capacity. It was merely translated for the benefit and use of students.

It was also decided to expand Part 6 and to include relevant legislation that is dealt with frequently in the law of property. The addition of this legislation would be specifically helpful to students when studying some aspects of the work.

The aim of this book is to explain Aquilian liability in the South African law of delict to students encountering it for the first time. Aquilian liability is complicated. The rules determining it are to be found in the judgments of our courts, but exactly what rule a judgment created often is a difficult and controversial question. Even when the rule is easily established, it frequently is hard to figure out precisely what it means or how to apply it to a concrete set of facts.

Rather than shy away from these complexities, this book offers students a step-by-step guide through them. The book never presents students with a bald statement about what a rule is, what it means, or how to apply it. Instead, it backs up all its claims about the rules with detailed analysis of the cases. To help students come to grips with the meaning and application of the rules, the book works its way through a large number of examples, often using diagrams to facilitate better comprehension. When conflicting views about a rule exist or are possible, the book explains what they are and why one view is to be preferred.

Students who use this book will not only acquire an in-depth understanding of the rules of Aquilian liability. They will also acquire the ability to find out for themselves, and to engage in disagreement with others about, what those rules are, what they mean, and how they are to be applied.

Even though aimed primarily at students, this book will be of interest also to academics and practitioners. Not only does it provide a clear and accessible exposition of the leading cases on Aquilian liability and the rules which those cases have established, it also overturns a number of long-cherished but mistaken orthodoxies about Aquilian liability.

Anton Fagan has taught and written about the South African law of delict for more than twenty years. A collection of his essays on the subject, Undoing Delict: The South African Law of Delict under the Constitution, was published in 2018.

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 ABC of Conveyancing deals with all aspects of conveyancing without presupposing a previous knowledge of conveyancing. The existing material has been updated to reflect the law and conveyancing practice as at December 2024.

The book is widely used by practitioners and paralegals, as well as by the Law Society of South Africa's LEAD education programme. The text also forms the basis of the Black Conveyancers Association's training for paralegals in conveyancing, and for the latter's recent application to SASSETA for approval of a credit-bearing course for the training of conveyancing paralegals.

The textbook is also used as the prescribed course notes for the South African Law School's programme for Conveyancing.

Content

INTRODUCTION
1 Understanding what conveyancing is about
2 Understanding the concepts immovable property, ownership and real rights
3 The different faces of property ownership: Freehold, leasehold, sectional titles, and others
4 Introduction to sectional titles
5 Sectional titles: How the components of a scheme fit together
6 The South African Deeds Registration System: An introduction
7 The diagram: Foundation of the land registration system
8 The deeds office, the conveyancer and the conveyancing paralegal
9 What is the law and where does it fit in?
10 The law relating to conveyancing: Legislation and other sources of law

TRANSFERS
11 The transfer process: An overview
12 Role-players in the transfer process
13 Phase 1: Receiving and processing the transfer instruction
14 Agreements: Terminology, legal principles and practice
15 The clauses one may expect in the agreement relating to a sale of property
16 Extracting conveyancing-relevant information from the agreement of sale
17 The checklist in the transfer file, deeds office print-outs and deeds searches
18 The Financial Intelligence Centre Act and its implications for conveyancing transactions
19 Phase 2: Communicating with the role-players at the outset of the transfer
20 The legal nature of clients: Ability of natural persons and legal persons to contract and perform juristic acts
21 Marriage law and conveyancing: An overview
22 Marriage in community of property
23 Introduction to entities
24 Companies
25 Close corporations
26 Trusts
27 Partnerships
28 Obtaining accurate information and reliable documents from clients: An introduction
29 Information and documents required from natural persons
30 Information and documents required from companies, close corporations, trusts and partnerships
31 Phase 3: Collecting information and documents, monitoring and reporting
32 Phase 4: Drafting and signing of transfer documents
33 Phase 5: Managing the finances in the transfer file
34 Phase 6: Transfer duty and VAT; obtaining a transfer duty receipt or exemption certificate from SARS
35 Phase 7: Rates/levy clearance, HOA consent and compliance certificates
36 Phases 8, 9 & 10: Preparing for lodgment, lodgment and registration

MORTGAGE BONDS
37 Introduction to mortgage bonds
38 Different types of mortgage bonds: Context and categories explained
39 Steps in the mortgage bond registration process: Phases 1, 2 and 3
40 Steps in the process of bond registration: Phase 4 Ð drafting of bond documents
41 The final steps in the bond registration process: Phases 5 to 10 - Finances, preparing for lodgment, lodgment, registration and winding up the file

MORTGAGE BOND CANCELLATIONS
42 Cancellation of mortgage bonds

CONSUMER PROTECTION
43 Consumer Protection Act

CONSUMER CREDIT
44 Brief summary of the National Credit Act from a conveyancing perspective

JOINT ESTATES
45 Section 45 endorsements and Section 57 substitutions

Precedents
Annexures
Index

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.

The transitional shift towards digital marketing has led to an increasing interest in digital tools and their ability to drive strategic goals. Part of the most commonly used digital marketing tools is email marketing. For this reason, email marketing is an area that needs to be explored with some depth. Email marketing within the context of this textbook delves into the ways in which companies engage with audiences and develop customer relationships in line with marketing objectives. Email Marketing: An Essential Guide, is intended to shed light on the potential of email marketing from a practical and strategic perspective.

The third edition of Bail provides a critical discussion of past and current bail law, including the impact of the Constitution on statutory interpretation and practice.

Where the law remains unclear – often as a result of divergent High Court decisions – the author provides guidelines to the practitioner and the lower courts alike. He makes concrete suggestions, where necessary, on the application of the law in a setting where tension between the liberty of the individual and the troubling crime rate calls for a measured and practical approach.

This edition features extensive quotations from the authorities, with English translations of Afrikaans judgments. The book also includes an invaluable ‘Quickfinder’ section in which the most important bail procedures are set out in a clear, concise and easily accessible format. Notice of motion templates are also provided.

In this, the third edition of Bail, the author provides a critical discussion of past and current bail law, including the impact of the Constitution on statutory interpretation and practice.

A proper understanding of the law of contract requires far more than the rote learning of principles extracted from cases. Contract law is a practical subject and students will understand it best by applying contractual principles to practical, life-like scenarios.

Student’s Guide to the Law of Contract fosters such an approach. It is filled with examples, exercises and problem questions that increase gradually in the level of complexity. This will enable students to engage actively with the learning material and facilitate discussion in study groups and during lectures.

Student’s Guide to the Law of Contract can be used by lecturers as a primary teaching tool for undergraduate students to improve their students’ knowledge and understanding of basic contractual principles, develop their ability to reason and stimulate their interest in the subject. Likewise, students will find it useful as an aid additional to lectures and more advanced contract law textbooks.

Key Features and Benefits
- Written in an -easy-to-understand style
- Contains examples and questions
- Pull out mind map poster, providing an overview of the law of contract

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).

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.

Principles of Delict serves as a practical first port of call to the South African law of delict.

The Fourth Edition surveys cases since 2005, presents a comprehensive overview of developments in the law and illustrates how the Constitutional Court and the Supreme Court of Appeal, especially, have shaped traditional principles to coincide with modern human rights values.

It follows the LAWSA format of focusing primarily on case law and extracting therefrom general principles that may guide those who advise on and apply the law of delict.

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.