Since the second edition was published some important decisions have been reported on estoppel and these have been considered in this new edition. Comparing the multitude of references to estoppel in South African case law to the number of reported decisions where the courts actually founded estoppel confirms that successful reliance on estoppel remains more the exception than the rule.

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.

Practical advice on all stages of arbitration, from the pre-arbitration stage to the issuing of the award are covered as well as the basic legal principles concerning disputes over alleged unfair dismissal, the basics of the law of evidence and how to prepare for and present a case at arbitration. In addition to this there are sections on the pitfalls of the law of evidence, applications for condonation and reviews – these often being the very issues on which the Labour Court so often sees applicants in review applications being tripped up. Furthermore, a discussion on unfair labour practice arbitrations has been included. No labour law practitioner or trade union representative should be without this book.

Alternative Dispute Resolution in South Africa: Negotiation, mediation, arbitration and ombudsmen addresses the increasing use of alternative dispute resolution mechanisms in resolving disputes rather than resorting to court-based litigation. The focus of the book is on the resolution of commercial and labour disputes.

Alternative Dispute Resolution in South Africa covers negotiation, mediation, arbitration, ombudsmen and administrative dispute resolution. The skills, techniques and relevant statutory framework for each field of alternative dispute resolution are discussed, and local and international examples of the application of the relevant principles are provided.

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.

Domestic Violence and International Law argues that certain forms of domestic violence are a violation of international human rights law. The argument is based on the international law principle that, where a state fails to protect a vulnerable group of people from harm, whether perpetrated by the state or private actors, it has breached its obligations to protect against human rights violation. This book provides a comprehensive legal analysis for why a state should be accountable in international law for allowing women to suffer extreme forms of domestic violence and how this can help individual victims. It is irrelevant that the violence is perpetrated by individuals and not state actors such as soldiers or the police. The state's breach of its responsibility is in its failure to act effectively in domestic violence cases; and in its silent endorsement of the violence, it becomes complicit. The book seeks to reformulate academic and political debate on domestic violence and the responsibility of states under international law. It is based on empirical data combined with an honest assessment of whether or not domestic violence is recognised by the international community as a human rights violation. 'Domestic Violence in International Law [...] provides an original, provocative, and much needed legal framework for the coherent development of a norm against domestic violence in international human rights law...Dr. Meyersfeld has developed a thoroughgoing analysis that asks and answers the most difficult questions often neglected by academics, lawyers and activists who dismiss the possibility that systemic violence against women could violate international law...Most fundamentally, this book is memorable for the hope and optimism it expresses about the transformative possibilities of international law. For without compromising such intensely human values as privacy, autonomy and cultural identity, Dr. Meyersfeld moves her reader with an abiding conviction: that international law, fueled with the power of transnational actors, can propel public actors to protect abused and vulnerable people in their most private worlds.' From the Foreword by Harold Koh, The Legal Adviser, United States Department of State (2009-).

The centre for comparative laws in Africa held its inaugural methodology workshop from 22 to 24 October 2012. Over 40 scholars from various universities in South Africa, Africa, Europe and the United States of America participated in plenary and panel discussions around comparative law in cultural, interdisciplinary and subject context, Western legal traditions and mixed jurisdictions in African comparative legal studies, traditional and informal law in Africa, religious law in Africa and its comparative implications and the role of African comparative legal studies in the development of law in Africa. Comparative law in Africa: Methodologies and concepts is the outcome of the workshop. Its aim is to contextualise comparative legal studies in the African continent, with the ultimate goal of paving the way for the development of a comparative methodology specifically addressed to Africa. The studies presented in this volume offer different views and perspectives around the main theme of how to methodologically approach comparative legal studies in Africa, and how to properly take into consideration all the different layers composing the African legal systems, in order to give them the proper role and the proper place. The diverse background of the different contributors to this volume enriches its continental approach and offers a stimulating voice to African comparative legal scholars to continue their research.

This work was first published in 1958 and this is its sixth edition. Generations of lawyers have relied on it as a source of reference in all areas of company law in South Africa. It offers a systematic overview of company law. Each topic is dealt with through an introductory text followed first by extracts from a wide-ranging selection of academic writings and then by case extracts.

The amendments to the law of wills brought about by the Law of Succession Amendment Act of 1992 have created fundamental changes in South African testamentary law. This book analyzes the Wills Act as now amended. It deals with such topics as language usage generally, taking instruction from would-be testators, the structure of wills, estate duty, the limits to freedom of testation, the interpretation of wills, donation of human tissues, the so-called living will, traps to avoid in drafting, testamentary trusts, and other problems which practitioners commonly have to handle. It discusses important cases which have shaped testamentary law and gives examples of wills and testamentary trusts.

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.

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.

Land Law and Governance: African Perspectives on Land Tenure and Title explores different ways of conceptualising secure land holding in Africa. The book brings together voices from different contexts, offering contrasting perspectives and methodological approaches. Land Law and Governance: African Perspectives on Land Tenure and Title also juxtaposes a range of political and academic viewpoints through theoretical discussions and case studies. The book thus opens up the discourse on forms of security of tenure in Africa, in a global context.

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.

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

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.

Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions.

Immigration Law in South Africa outlines the existing law applicable to foreigners as reflected in the Immigration Act, the Citizenship Act, the Domicile Act and the Extradition Act as at 31 July 2017. The book also draws attention to the policy shifts by the South African government in the White Paper on International Migration, the Border Management Act, and the Discussion Paper on the repositioning of the Department of Home Affairs within the security cluster. Immigration Law in South Africa comprises three parts. Part One contextualises migration at an international level and within South Africa. This part discusses the concept of migration in the context of South Africa and on the international stage and how the human rights perspective has developed the notion of migration in South Africa. Part Two examines South African immigration law specifically - whom the state allows to enter and leave, who is considered undesirable or prohibited, permanent residence, and the various types of short-term visas that are offered to foreigners. Part Three considers the penalties that South Africa can impose on foreigners who violate the immigration laws of South Africa: the deportation, detention and extradition laws relating to immigrants in South Africa are examined.