Criminal Procedure in South Africa offers a concise, accessible and applied introduction to the theory and practice of criminal procedure. The work serves as a systematic guide to the various stages of the procedural system, and is designed to enable mastery of the rules, basic legal tests and practical steps that are required to implement various criminal procedures.

Clear, structured explanation is supported by step-by-step, practical guidelines, relevant case law discussions, critical commentary and concise analysis of critical legal tests. Numerous diagrams support readers comprehension, and precedents and other practical use documents offer valuable tools to guide readers in their applied practice.

In equal measure, the text offers an invaluable resource to university students, legal practitioners, prosecutors, judicial officers, paralegals and police officers.

Res Ipsa Loquitur and Medical Negligence: A Comparative Survey analyses the application of the doctrine of res ipsa loquitur ('it speaks for itself') to medical negligence cases. The book aims to establish conclusively that the approach of the South African courts, that the doctrine should never find application in medical negligence cases, is untenable and out of touch with modern approaches adopted in other countries. Constitutional principles such as procedural equality, access to courts, access to health care, access to information, post-constitutional legislation, medical ethics and policy considerations are also discussed.

The book further provides a theoretical and practical legal framework for the application of the doctrine to medical negligence cases in South Africa in future. The authors argue for the application of the doctrine, not only in medical negligence cases, but also to related legal procedures that follow a medical accident such as medical inquests, criminal prosecutions and disciplinary inquiries instituted by the Health Professions Council of South Africa.

Res Ipsa Loquitur and Medical Negligence includes a comprehensive comparison of the practical application of the doctrine to medical negligence cases in South Africa, England and the United States of America.

This new edition has been fully revised and updated to include the contemporary issues together with new cases delivered by international courts and tribunals, such as the ICJ, ITLOS and Arbitral Tribunals, treaties, UN resolutions, and other instruments. It retains the clear chapter structure of the first edition, but has expanded the topics on marine spaces beyond national jurisdiction, maritime delimitation, protection of the marine environment. A new concluding chapter has also been included and presents a perspective on the future development of the international law of the sea. Detailed footnotes and further reading sections, combined with illustrations and tables ensure understanding of the subject. By offering clarity of expression and academic rigour, The International Law of the Sea remains the best choice for students.

The last twenty years have witnessed an extraordinary measure of globalisation of finance and trade, seen most prominently in the establishment of the World Trade Organisation and other organisations inspired by the ‘Washington Consensus’. At a national level, the exercise of those bodies’ executive and administrative authority is typically regulated by administrative law in its various guises. The rapid process of globalising economic power raises vital questions about its global regulation, in the absence of supra-national institutions and rules dedicated to this task.

This volume brings together papers given at a workshop held in Cape Town in March 2008, which was a joint venture between the New York University Law School and the Faculty of Law at the University of Cape Town. The papers critically explore the concept of Global Administrative Law in theory and its relevance to developing countries; the efficacy of regulatory regimes focussed on international trade and finance; and recent developments in the crucially important area of intellectual property law. The lessons learned in the process will inform intellectual debate and assist in the development of practical measures in pursuit of the good governance of global power through the law.

This is the first title on the South African law of unjustified enrichment, covering the entire field of this area of the law. It aims not only at giving an accurate description of the current law, but also to investigate new solutions to old problems, making use of comparative insights. Unjustified enrichment is structured in an accessible way to make it possible for anyone easily to locate the law relevant to the specific problem that is being investigated - and to allow those who are not familiar with the subject to find their way into it.

South Africa’s history of colonialism and apartheid has created deep patterns of inequality and poverty. One of the ways in which the government has tried to address the high levels of inequality that characterise the South African labour market, is through an extensive process of legislative reform, which includes the Employment Equity Act (EEA) of 1998.

The EEA was enacted to achieve equity in the workplace by prohibiting unfair discrimination and by requiring the implementation of affirmative action measures to ensure the equitable representation of designated groups (blacks, women and disabled persons) in all occupational categories and levels in the workforce. The Act gives effect to the constitutional imperative for substantive equality in respect of the workplace.

One decade after the enactment of the EEA, this collection of essays evaluates its efficacy in achieving its stated goals. This is done against the background of comparative experiences elsewhere, in particular India, Canada, the United Kingdom, Germany and the European Union.

This work contains most of the cases required for a study of the law of succession and is a very good aid for students who do not have access to the law reports. The title contains a summary of the facts of each case, an extract from the case and a note in which the principles expounded in the case are explained. Decisions up to June 2002 have been considered for inclusion. Hierdie werk bevat die meeste sake wat vir 'n studie van die erfreg nodig is en is 'n baie goeie hulpmiddel vir studente wat nie toegang tot die hofverslae het nie. Die titel bevat 'n opsomming van die feite van elke saak, 'n uittreksel uit die uitspraak asook 'n aantekening waarin die beginsels wat in die saak ter sprake gekom het, ontleed word.

This title contains a selection of papers presented at an international conference entitled 'The politics of restorative justice in South Africa and beyond', held near Cape Town in 2006. The conference aimed to foster debate on and about restorative justice, its methodological assumptions, its policy permutations, and the kinds of strategic interventions and practices adopted in its name.

The definitive work in the field, International Human Rights provides a comprehensive analysis of this wide and diverse subject area. Written by world-renowned scholars Philip Alston and Ryan Goodman, this book is the successor to the widely acclaimed International Human Rights in Context. Alston and Goodman have chosen a wide selection of materials from primary and secondary sources--legislation, case law, and academic writings--in order to demonstrate and illuminate key themes. They carefully guide students through each extract with thoughtful and lucid commentary. Questions are posed throughout the book in order to encourage deeper reflection and critical enquiry. A Companion Website features additional resources, including the first three chapters of the book, available for download.

Sedert die verskyning van die derde uitgawe van Kommersiele Reg in 2006 het omvattende veranderinge op sekere regsgebiede 'n vierde uitgawe genoodsaak. 'n Nuwe hoofstuk oor elektroniese betalingsmetodes is bygevoeg.

'n Nuwe deel word aan die Wet op Verbruikersbeskerming 68 van 2008 gewy, terwyl die invloed van die Wet ook in die afsonderlike hoofstukke oor byvoorbeeld die kontraktereg en besondere kontrakte soos die koopkontrak bygewerk is. Origens is nuwe wetgewing en regspraak waar moontlik bygewerk tot einde Augustus 2011.

Kommersiele Reg het ten doel om volledig te handel met die belangrikste beginsels van sowel die algemene kontraktereg as die benoemde kontrakte wat die meeste in die handelsverkeer aangetref word, soos kredietooreenkomste, koop-, huur-, borg-, pand-, verband-, diens-, arbitrasie-, werkaannemings- vervoer- en versekeringskontrakte.

Die werk word ingelei met 'n nuttige bespreking van die oorsprong, totstandkoming en sistematiek van die reg, gevolg deur 'n bespreking van die bronne van die regsverbintenis, soos die kontrak, delik en ongeregverdigde verryking, wat nodig is vir 'n beter begrip van die kontraktereg.

n 2008, when the first edition of Organised Crime and Proceeds of Crime Law in South Africa was published, there were very few reported cases involving racketeering. The intervening time has seen more prosecutions for this crime and for other related crimes and consequently more relevant decisions have been given by our courts. In particular there are new judgments to consider on confiscation and forfeiture. In all, nearly a hundred new cases are referred to in this second edition. The commentary on corruption has been expanded because corruption is often a manifestation of racketeering.

Human trafficking is now the third largest industry in the world and is often committed by organised crime groups. The author has therefore included an outline of human trafficking. A brief discussion of police investigation and surveillance has been added as has a discussion on foreign restraint orders. Practical guidelines for the defence in racketeering prosecutions have also been included.

This book remains the only attempt to deal comprehensively with the Prevention of Organised Crime Act (POCA) and will continue to play a vital role in helping legal practitioners understand the complexities of the new concepts introduced by POCA.

Of interest or benefit to: Students, Academics, Lawyers

Die sewende uitgawe van Deliktereg, wat gelyktydig met die Engelse weergawe hiervan verskyn, is in die geheel hersien en bygewerk in die lig van nuwe gesag en literatuur wat uit die aard van die saak soms 'n aanpassing van regsbeginsels of teoretiese standpunte meegebring het. In die besonder is aandag gegee aan die lewendige akademiese en regterlike debat wat sedert die vorige uitgawe oor die deliksbeginsels gevoer is, veral oor die verhouding tussen onreg­matigheid, nalatigheid en juridiese kousaliteit.

The main objective of this book is to provide a basic introduction to key aspects of trial advocacy for all courts and tribunals.

Trial advocacy is explained in an easy-to-understand, step-by-step way and a number of examples and supporting annexures from actual court cases are used to illustrate relevant principles, strategies and tactics. Apart from serving as a basic guide for newly-qualified lawyers, the book also benefits non-lawyers intimately involved in procedural justice, like police officials, social workers, NGO advice offices, student legal aid clinics, court reporters and paralegals.

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.

Children's rights are now enshrined in the South African constitution, and lip service is regularly paid to them, but how effectively are they implemented? From research undertaken by the Centre for Socio-Legal Research over the last twenty years, the question has increasingly arisen of how much use such rights are on paper if the systems charged with ensuring their implementation are inadequate for the task. Possibly even more important, it has become evident that it is not enough to make 'the best interests of the child' the touch-stone for legal and welfare decisions on children, if the individuals charged with those decisions have little training -- or ready access to expertise -- in child development or the realities of a fast-changing country of many cultures. Decisions that radically affect children's futures -- whether custody decisions on divorce, fostering, children's home, adoption placements, or juvenile court decisions -- have life-long consequences. But there is also little hard evidence of what is influencing such decisions in practice, nor how decision-making for South African children can be improved. This book is the result of an attempt to remedy some of these gaps. It presents the evidence from an interdisciplinary collaborative project set up to research how legal decisions on children are being made in the new South Africa, and how children's rights are faring in practice in a variety of relevant settings.

Beginnersgids Vir Regstudente is bedoel vir studente wat vir die eerste keer met die reg te doen kry.

Dit bied ’n breë, gebruikersvriendelike oorsig van die reg in eenvoudige taal, toegelig met voorbeelde en diagramme. Die klem val op praktiese vaardighede wat nodig is om regte te studeer, om die bronne van die reg te hanteer en om regsnavorsing te doen. ’n Kritiese benadering tot die reg word by studente aangekweek.

Hierdie uitgawe word vergesel van ’n CD-ROM wat bykomstige studiemateriaal en leiding aan studente verskaf.

Hierdie nuwe bekendstelling behels 'n omvattende uiteensetting van die generieke vereistes gemeen aan alle vorderingsaksies gebaseer op ongegronde verrykingsreg en voeg daaraan toe die eiesoor tige aspekte wat in die regspraak vir spesifieke vorderings ontwikkel het. In elke onderafdeling word die toonaangewende uitsprake daarvoor afsonderlik belig en bespreek. Wat hierdie werk ook onmisbaar maak vir praktisyns is die insluiting van 'n deeglike trefwoordregister vir vinnige naslaandoeleindes.

Law Of Persons, now in its sixth edition, has become a standard text on the South African law of persons. The book was first published in 1995, just after the dawn of South Africa’s first democratic dispensation. The book constitutes a general and fully referenced source on the law of persons, and reflects the transformation of the law of persons in line with the values entrenched in the Constitution of the Republic of South Africa, 1996, with specific reference to the Bill of Rights.

First-year students will derive the most benefit from Law of Persons if the book is used in conjunction with the Law of Persons Sourcebook.

Contents Include:

• Table of Cases
• Table of Statutes
• Definition of concepts
• Beginning of legal subjectivity
• Domicile
• Effect of age on status
• Children of unmarried parents
• Diverse factors which influence status
• Termination of legal subjectivity
• Index