A Guide to Legislative Drafting in South Africa identifies the key aspects of legislative drafting, providing a clear and practical guide to the subject. It unravels the mysteries and complexities of statutory writing, presenting it to the reader in a structured and understandable manner.

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 casebook contains 122 of the most important decisions on the law of delict from The South African Law Reports.

Researchers are continually challenged to find new ways of investigating political, economic and social issues in Africa. This book includes new research designs and a comprehensive discussion of research ethics. In this way the book continues to provide an up-to-date and accessible text on social research methods and applications within African contexts.

Fundamentals of Social Research Methods – An African Perspective spans a broad spectrum and areas of focus include agriculture, public health, community development and regional planning. The material is compatible with the syllabi of social science methods courses in many African training institutions.

The text presents clearly and concisely the fundamentals of research methods in a range of social sciences, including sociology, economics, political science, psychology and education. The content is illustrated throughout with actual examples of social research conducted in various African countries. This text has been written for the non-professional researcher and the student of research methods.

It will prove invaluable to university students, government administrators, development planners, business managers, social workers, educationists and all those interested in conducting social research, including novices.

This edition contains more words than its predecessors, especially words from the commercial sphere. It follows a new style, namely to group derivations under the leading word instead of treating them as separate entries. There appear after the main word, in bold print and alphabetically, the suffixes to the main word with translations. Concessions have again been made to anglicisms for the sake of clarity of meaning.

This book provides a comprehensive and analytical overview of human rights law in Africa. It examines the institutions, norms, and processes for human rights realization provided for under the United Nations system, the African Union, and sub-regional economic communitites in Africa, and explores their relationship with the national legal systems of African states.

Since the establishment of the African Union in 2001, there has been a proliferation of regional institutions that are relevant to human rights in Africa. These include the Pan African Parliament, the Peace and Security Council, the Economic, Social and Cultural Council and the African Peer Review Mechanism of the New Partnership for Africa's Development. This book discusses the links between these institutions. It further examines the case law stemming from Africa' most important human rights instrument, the African Charter on Human and Peoples Rights, which entered into force on 21 October 1986. This new edition contains a new chapter on the African Children's Rights Committee as well as full coverage of new developments and instruments, such as the Convention on the Rights of Persons with Disabilities, the Convention on Enforced Disappearances, and the African Charter on Democracy, Elections and Governance.

Three cross-cutting themes are explored throughout the book: national implementation and enforcement of international human rights law; legal and other forms of integration; and the role of human rights in the eradication of poverty. The book also provides an introduction to the relevant human rights concepts.

Life insurance in South Africa contains numerous real life case examples which clearly illustrate stated principles. Beneficial both to the office and to the industry, this book is an indispensable reference work for everyone involved in the long-term insurance field, whether it be an underwriter, agent, intermediary or claimant, and certainly the legal representative of a claimant. Life insurance in South Africa enables the lay public to have a better understanding of how the office functions and the role it plays in the settlement of complaints. At the same time, it serves as a practical source of information not only to the managerial and administrative personnel of long-term insurance companies, but also role players in the industry such as brokers, intermediaries and financial advisers. Designed for use as a relevant reference.

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.

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 Casebook on South African Family Law provides a clear and concise analysis of the facts and principles enunciated by the courts on the law of family.

It contains commentary and extracts from cases referred to in South African Family Law.

This work reflects the law as at 31 July 2004. Decisions up to July 2004 have been considered for inclusion.

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.

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.

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.

Jurisprudence in an African Context explores the unique contribution of African jurisprudence, and that of Western jurisprudence, to engage with the context and issues of contemporary Southern African societies. The text's unique pedagogy invites the reader to explore African perspectives of law through excerpts of primary texts, and supports understanding, engagement and debate through accessible and stimulating commentary.

Organised thematically, the text engages with many urgent and important issues, related to law and justice, which concern African societies: these topics include land reform, the distribution of wealth and opportunity, who counts as a member of a political community, the rights of gay people, the interests of traditional societies, and approaches to dealing with crime.

The text provides a rich perspective of the proper role of law and justice in contemporary society, through the lens of African history, context and values.

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.

The 1993 and 1996 Constitutions introduced a new set of norms for the South African legal system: equality, freedom and human dignity have replaced racism, caprice and arbitrariness as guiding principles.;This work analyzes the fundamental values upon which the new democratic legal order in South Africa is based. It examines the challenges posed by these developments to legal practice and scholarship and concludes that lawyers have adopted an approach of "business as usual" to the new order.

This work is intented primarily to reflect the law dealing with water resource management and the provision of water services in South Africa. The law governing water in South Africa was always regarded as a specialised field practised by a small group of lawyers. However, the political and social reform during the last decade of the 20th century, the water-related problems experienced and the prominence given to fundamental human rights and environment-related matters have significantly increased the need for this knowledge by others. South Africa is in the process of developing and implementing a new framework governing water resource management and the provision of water services. This complex and dynamic framework aims to manage absolute water scarcity with significant participation by all interested and affected persons.

The sixth edition of Guide to Business Law offers a clear and practical introduction to the basic principles of commercial law. It covers a broad spectrum of subject areas within commercial law, in a concise, simple and straightforward manner. The text provides numerous examples and case illustrations, and a rich and diverse collection of teaching and learning resources, in order to support readers to understand and apply legal principles, to assess their progress, and to successfully master their learning.

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.