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.

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.

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

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.

South African shipping law is a rich amalgam of English common law and Roman-Dutch civilian principles. Its provenance was profoundly influenced first by Dutch dominance over the seas and world trade during the 17th and 18th centuries, and then by the might of the English commercial empire of the 19th and 20th centuries.

Today's South African shipping lawyer continues to draw on both systems, supplemented by innovative developments, especially in admiralty practice.

The second edition of Shipping Law & Admiralty Jurisdiction in South Africa follows ten years after its first publication. The book aims to cover all aspects of admiralty jurisdiction and practice, and general shipping law, in one volume.

Objections In Civil Litigation deals in concise terms with the categories of objection and the leading and most useful authorities for each objection. A synopsis of the nature and content of each objection is included.

The book equips the busy practitioner confronted with an unruly witness with the tools to formulate a cogent and legally sound argument, at short notice, as to why a particular piece of testimony should be excluded.

The opponent will similarly be assisted in dealing with the objection in a helpful and lucid manner.

In 1998, the first edition of Legal Drafting: Civil Proceedings was written to bridge the gap between the academic study of law and its practical application insofar as the preparation of court documents is concerned. Drawing on his experience in coaching pupils at the Bar, the author explains elementary matters and poses useful reminders to more experienced practitioners. The second edition of Legal Drafting: Civil Proceedings has been updated to address changes in the law. It now includes a section on the preparation of documents for arbitrations as well as an extended chapter on the all-important task of preparing heads of argument.

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.

Of interest or benefit to: Students, Academics, Lawyers

The growing importance of this area of law both locally and internationally has prompted a number of local academics to pool their knowledge in compiling a book that not only deals with the core aspects of the law but also covers developing aspects that are drawing substantial attention both internationally and locally.

This book makes a major contribution to the surveys of intellectual property that already exist.

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.

This book has grown out of the experiences of years of teaching introductory courses in law, to both law and non-law students here in Botswana and in other countries. Although it builds on E. K. Quansah’s earlier mimeograph, Introduction to the Botswana legal system, this book is specifically written as a comprehensive textbook that targets law and non-law students as well as anyone concerned with the operation of the law. Structurally, it is divided into five parts. Part I provides a general introduction to the nature and functions of the law as well as a brief outline of the major legal systems that operate in the world today. Part II contains a detailed account on the background to the present legal system in Botswana and then identifies the different sources of law that are applied in the courts in the country. Part III examines the various courts in the country as well as the different categories of legal personnel who are involved in the administration of justice in the country. Part IV deals with the enactment and interpretation of statutes. The final part discusses some of the crucial issues that have troubled students when tackling law examinations and also examines some of the key issues in writing a good legal essay and legal research paper.

Gain a thorough understanding of today's employment and labor-relations laws with a text written specifically for you, if you are majoring in business or other non-legal studies -- Cihon/Castagnera's EMPLOYMENT AND LABOR LAW, 10E. This comprehensive, engaging introduction uses excerpts from real case law to illustrate how labor-related disputes arise and are resolved in the courts. Eye-opening features, such as The Working Law and Ethical Dilemmas, demonstrate how labor legislation and ethical decision-making impact employees at all levels of organizations -- from hourly workers to owners. You review the most up-to-date information on significant topics, such as the NLRB and EEOC, the Fair Labor Standards Act, the president's executive orders for undocumented immigrants and LGBTQ rights, Obamacare, the Defense of Marriage Act, and other employee-benefits developments. You also study issues relevant to you, such as FLSA and NLRB rights for unpaid interns, teaching assistants, and student-athletes. No other book combines such balanced coverage with an exceptional reader-friendly approach.

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.

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.

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.

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.

A midwife is responsible for recording the progress of labour on a partograph or partogram. The partograph helps caregivers detect whether labour is progressing normally or not, indicates when augmentation of labour is appropriate and assists in recognising potential problems before they occur. Each title covers one important topic, and has been written by a specialist in that field. The series follows a consistent format and covers issues such as key ethical and legal considerations, relevant legislation, case studies, and practical applications. These concise, accessible texts will be suitable for accreditation when continuing professional development becomes a requirement