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.

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.

Contains articles written by 13 different contributors covering different aspects of dispute resolution. Topics covered include the psychology of mediation, environmental disputes in communities, specialized arbitration and mediation, and arbitration and mediation in the construction industry.

For more than a decade, South Africans have been advocating a reform of the country’s laws on sexual offences. South Africa has one of the highest levels of reported rape in the world, and legislative reform was seen as an essential step towards shifting the understanding of rape and its treatment within the criminal justice system.

Since 1996 the activism has focused on the South African Law Reform Commission’s investigation into sexual offences, and the parliamentary process, which culminated at the end of 2007 in the Criminal Law (Sexual Offences and Related Matters) Amendment Act.

Many of the authors of Should We Consent? were involved in substantive legal submissions, research and legislative drafting and promoting changes to the law to provide rape victims with effective redress and protection. Drawing on a body of empirical, social and legal scholarship, this unique text charts the critical social and legal debates and jurisprudential developments that took place during the rape law reform process.

This book also provides important insights into the engagement of civil society with law reform and includes thoughtful and contemporary discussions on topics such as ‘defining’ rape, HIV, sexual offences against children and sentencing of sexual offenders.

• Examines the successes, challenges and defeats of rape law reform
• An important reflection on the engagement of civil society with government in precipitating and sustaining this important law reform process.
• Highlights the significance of rape law reform inclusion or exclusion at various stages in the process
• Discusses the strategic decisions made by gender activists and the context in which these decisions were made
• Discussions are from a comparative and international context
• Emphasizes potential implementation challenges and considering how these might be addressed in terms of law and policy.

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.

Key Features:

• An accessibly written and structured exposition of the entire field of the law of unjustified enrichment
• Includes a full analysis of all the major developments of the last twenty years since the classic statement of this area of law by Wouter de Vos in his Verrykingsaanspreeklikheid in die Suid-Afrikaanse Reg (1987)
• Relevant to practice: Provides in-depth coverage of claims by and against banks; unjustified enrichment flowing from failed contracts; the rules surrounding the reclaim of improperly exacted tax; an analysis of each of the general elements of enrichment liability; the various defences available to fend off an enrichment claims
• Extensive use of the comparative method

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.

An academic, legal text that places moral and political philosophy at the centre of certain legal debates. In this book, Professor Meyerson specifically investigates the "Limitation Clause" in the South African Constitution, a clause that leaves open the possibility of limits to the Bill of Rights and certain entrenched "freedoms". Through discussions regarding the Freedoms of Expression and Religion, this book aims to play a role in defining, expanding and challenging the South African Constitution.

Beginner’s Guide For Law Students is aimed at students who are exposed to the law for the first time.

It provides a broad, user-friendly view of the law written in simple language and elucidated by examples and diagrams. Practical skills which are necessary for studying law, for making use of the sources of law and for conducting legal research are emphasised. A critical approach to the law is cultivated.

This edition is accompanied by a CD ROM providing additional study material and guidance to students.

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 new title in the Juta’s Pocket Companions series will serve as an ideal companion to the Mine Health and Safety Act & Regulations Pocket Statute.

Understanding the Mine Health and Safety Act is derived from the highly regarded Commentary on the Mine Health & Safety Act by Masilo and Rautenbach, the leading South African work on this Act.

The book contains commentary on a variety of sections contained in the eight chapters of the Act, set out in a manner that ensures that discussions are accessible to all without sacrificing detail. All commentary is supported by footnotes containing further references as well as citation of relevant case law.

Contents Include:

• Objects of the Act
• Health and Safety at Mines
• Health and Safety Representatives and Committees
• Tripartite Institutions
• Inspectorate of Mine Health and Safety
• Minister’s Powers
• Legal Proceedings and Offences
• General Provisions Sections 96–106

Since 1994, a stream of national and provincial education laws and policies has altered the landscape of South African schooling dramatically - replacing the discriminatory and fragmented legal framework under apartheid with a uniform system aimed at making the constitutional right to education a reality for the people of South Africa. Schools and the Law describes and explains the current legal framework governing our schools. It addresses the key legal and policy instruments affecting schools and covers the growing body of case law on schools and education. The title includes the text of the core laws and policy instruments governing school education.

Sustainable development currently dominates the agenda of government programmes and projects in Africa. The developmental challenges posed by population increases, the prevalence of HIV/Aids and urbanisation trends, inter alia, require government institutions and other development agencies to improve performance and delivery. The implementation of sustainable development depends largely on all stakeholders being involved in the planning and evaluation of respective programmes and projects. Issues relating to entrepreneurship and small business development, policy management, local government integrated development planning, and the role of women, need to be attended to effectively and efficiently. To achieve meaningful sustainable development objectives, entities such as the African Union and initiatives like NEPAD need to coordinate regional and continental development activities. However, a number of imperatives impact on the outcomes of all attempts to achieve sustainable development. In this well-researched, important book, some of the most prominent sustainable development issues are investigated. The chapters were authored by academics who are well-versed in their respective fields.

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.

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.

This book provides healthcare and legal practitioners and students at all levels with the theory and practical application necessary to understand and apply bioethics, human rights and health law to their present and future work. The topics of bioethics, human rights and health law are part of the core curriculum for all students in Health Sciences in South Africa. Bioethics, Health Law and Human Rights: Principles and Practice, therefore, comes at no better time.

As the book is a guide, it does not deal exhaustively with the topics discussed. Instead, it aims to give healthcare and legal practitioners some general guidelines which it is hoped will be of practical use to them.

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.

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.

Environmental Law and Local Government in South Africa is the first work of its kind to extensively analyse South African environmental law and policy for local government. This book meets an important need in the area of environmental management. This novel collection of theoretical scholarship and real-life examples presents different features of the interface between local government and environmental law. Each chapter is accessible yet detailed enough to be useful. In the scope of this comprehensive work, 32 authors collectively answer the question: What is the role of local government in moving South Africa towards a sustainable future, considering the dictates and scope of environmental law?

Hierdie is die vyfde uitgawe van die boek wat vir die eerste keer in 1992 as 'n relatief bondige teks, spesifiek gemik op studente in die erfreg, verskyn het. Die boek het egter deur sy opeenvolgende uitgawes tot 'n meer algemene bron vir die Suid-Afrikaanse erfreg ontwikkel. Tog is dit deur sy aanslag, aanbiedingswyse en sistematiek steeds ideaal om ook as handboek in erfregkursusse gebruik te word. Die huidige weergawe poog weereens om aan die leser 'n omvattende oorsig oor die verskillende fasette van die erfreg te gee, met inagneming van die jongste ontwikkelings wat hierdie regsgebied beinvloed het.

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.