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.

Practical Drafting Skills focuses on skills transfer to draft papers without relying on a precedent.

Practical Drafting Skills is the ideal guide for law students, pupil advocates, candidate attorneys as well as those professionals seeking to enhance their drafting skills, turn instructions into a cause of action or defence, and draft effective pleadings that are clearly understood and effectively serve their clients. The book is illustrated by case studies and includes chapters on logical thinking and plain language writing.

The light and entertaining style, combined with detailed practical steps and explanations, enables the reader to easily acquire a thorough understanding of drafting. This book is a must-have for all legal practitioners.

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.

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.

This bilingual casebook is intended as a study aid for students of the general principles of the law of contract. Extracts from leading cases, supplemented by explanatory notes, are set out in traditional textbook style, which should provide students with easy access to cases.

This text focuses on guiding employers, managers, labour relations practitioners, trade unions and students alike in understanding and applying the provisions of South Africa's latest employment equity legislation - the Employment Equity Act 55 of 1998. Main features of the publication: detailed discussions on the practical implementation and application of the most important and relevant provisions of the Employment Equity Act; step-by-step, clear guidelines to help employers conduct the equity analysis, consult with the relevant stakeholders on the equity process and develop the employment equity plan and the equity report; a discussion of the Code of Good Practice for the preparation, implementation and monitoring of employment equity plans recently released by the government. Included is a reproduction of the Employment Equity Act 55 of 1998 and copies of all the relevant forms that employers are required to fill in and submit to the Director General - the Employment Equity Report, the Income Differential Statement, a statement about demographic data and a form detailing occupational levels and categories.

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.

Principles of the Law of Sale and Lease sets out concisely the general principles relating to these specific contracts.

Written by experts in the field, the third edition will assist practitioners and law students alike to understand and apply the law relating to these specific contracts.

The book is organised in two parts, integrating the common-law principles as well as the recently introduced consumer protectionist statutory provisions on sale and lease.

Contents Include:

Sale
- Definition of Contract of Sale
- Sources of Law of Sale
- Contract of Sale and Transfer of Rights in Property Sold
- Requirements for a Valid Sale Contract
- Seller’s and Buyer’s Rights and Obligations
- Pre-Contractual Obligations
- Formalities, Content and Interpretation
- Seller’s and Buyer’s Residual and Statutory Obligations
- Particular Contracts of Sale

Lease
- Introduction
- Sources of Law
- Definition and Essentials of a Lease
- Duties of the Lessor
- Duties of the Lessee
- Subletting, Cession and Assignment
- Transfer of the Lessor’s Title: Huur Gaat Voor Koop
- Termination of a Lease
- Lessee’s Right to Compensation for Improvements
- Residential Lease and the Rental Housing Act 50 of 1999

The Law of Persons in South Africa, Third Edition, offers a rigorous, clear and accessible introduction to the general principles of the law of persons, including principles of customary law.

This third edition text is thoroughly revised and updated to address the developments in customary law, case law, and amendments to relevant legislation, that have occurred since the publication of the previous edition of this work. Additionally, The Law of Persons in South Africa, Third Edition, offers a conceptual and enquiring approach that supports independent critical and reflective engagement with the subject matter.

Various elements underpin the text's supportive approach, including critical and reflective discussions, numerous diagrams that enable readers to quickly comprehend complex concepts, explanations of legal terminology, and concise chapter summaries.

The purpose of this book is to provide a first introduction for an undergraduate student in property law. As with earlier editions this eighth edition of the Introduction to the Law of Property was written specifically for students in an undergraduate module on the law of property. Therefore, the contents are restricted to what the authors regard as essential for these students. Footnotes have not been used for the same reason; in an introductory module the emphasis should arguably fall on understanding basic concepts and principles, rather than on additional reading material. However, extensive use is made of examples from case law.

Under the new authorship the Introduction still emphasises the influence of the constitutional framework on the development of this aspect of private law. This eighth edition of the Introduction is published as part of the series of Juta’s Property Law Library. The aim of this series is to illustrate the interplay between the common law, the constitution and legal reform in a constitutional system. As an introduction, the book is different from the other volumes in the series in that it is specifically aimed at students.

In updating the Introduction cognisance was also taken of the Qualification standards for the Bachelor of Laws published by the HEQC in May 2015, and the attributes of a graduate that was included in the report. Therefore, the 2021 edition contains electronic resources that will assist students to be better prepared for the legal profession with an appreciation of the constitutional values and principles underpinning the law, and an understanding that the law is a dynamic and developing discipline.

This book on ADR (commonly referred to as Alternative Dispute Resolution), refers to processes such as mediation and arbitration, which are alternative to the court process.

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 book is available in English and Afrikaans versions.

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.

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.

This handbook aims to provide a comprehensive overview of the mul¬ti-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 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.

State Commercial Activity - A Legal Framework analyses the state's conduct as a market participant from a legal perspective.

It focuses on the judicial control of such state conduct and puts forward a legal framework in terms of which to understand state commercial activity.

The book consists of three parts.

Part 1, which comprises 5 chapters, deals with the legal-philosophical aspects of communications law. In Part II , we deal with certain statutory and common law limitations to the right to freedom of expression. Part III deals with specific methods of communication, ie the press, electronic communications, broadcasting, computers, and entertainment.