Throughout the past 50 years, the courts have been a battleground for contesting political forces as more and more conflicts that were once fought in Parliament or in streets, or through strikes and media campaigns, find their way to the judiciary.

Certainly, the legal system was used by both the apartheid state and its opponents. But it is in the post-apartheid era, and in particular under the rule of President Jacob Zuma, that we have witnessed a dramatic increase in ‘lawfare’: the migration of politics to the courts.

The authors show through a series of case studies how just about every aspect of political life ends up in court: the arms deal, the demise of the Scorpions, the Cabinet reshuffle, the expulsion of the EFF from Parliament, the nuclear procurement process, the Cape Town mayor…

There is already ample evidence that the new constitutional order has triggered an unprecedented flowering of South African jurisprudential debate. The aim of this book is to provide a sensitive and intuitive understanding of these debates. In addition, lecturers will be given an innovative approach to what has been previously regarded as a difficult, boring and irrelevant subject.

Die arbeidswetgewing wat betrekking het op die onderwysomgewing is omvattend en dek ’n groot verskeidenheid aspekte waarmee almal binne hierdie omgewing op een of ander stadium te doen kry. Waar daar in die verlede moontlik ’n vae begrip van veral wette en regulasies ten opsigte van diensvoorwaardes by meeste werknemers in die onderwys teenwoordig was, is dit nou onontbeerlik om ’n basiese begrip van alle relevante wetgewing en regulasies wat van toepassing is, te hê. Veral onderwysers kan hulle in die spreekwoordelike mynveld bevind indien hulle nie seker maak dat hulle oor die basiese kennis van onderwysreg beskik nie. Dit word gestaaf deur die talle hofsake, dispute, mediasies, dissiplinêre verhore en die dikwels onaangename implikasies daarvan vir indiwidue (en hul gesinne) wat voortspruit uit aanklagte teen oortreders in alle sektore van die onderwys.

Wetswysigings na aanleiding van veranderde omstandighede binne die onderwys, lei tot die behoefte om voortdurend op die hoogte van die implikasies en toepassing daarvan te wees. Hierdie dringende behoefte geld nie alleen vir skoolhoofde nie, maar vir elkeen betrokke by onderwys. Aan die een kant berus die korrekte toepassing en implementering by die beheerliggaam en die hoof van ’n inrigting, maar aan die ander kant raak dit die mense wat daar werksaam is. Die skrywers van hierdie boek het nie alleen ’n deeglike besef van hierdie noodsaaklike behoefte nie, hulle spreek dit ook baie effektief aan deur middel van hulle uiters waardevolle ervaring. Hierdie ervaring spruit voort uit praktiese betrokkenheid by die onderwys asook deeglike navorsing op die terrein van onderwysreg.

Kennis van al die aspekte wat in hierdie boek aangespreek word, verbeter ongetwyfeld die kwaliteit van die onderrig– en leerproses in die klaskamer – ’n broodnodige doelwit om na te streef. Dit skep ook ’n veiliger omgewing waarbinne elkeen funksioneer. Persoonlik is ek baie dankbaar vir die bydrae wat deur middel van hierdie handige handleiding gemaak word tot die uiteindelike kwaliteit van onderwys in Suid Afrika.

The third edition of Occupationally-directed ETD Practices has been written, providing the Education, Training and Development (ETD) Practitioner with a practical textbook for the purpose of learning and professional practice. This book has been published during an exciting time in the history of skills development in South Africa.

Environmental law provides a comprehensive and succinct examination of the entire environmental law landscape in South Africa. The second edition includes a new chapter on climate change, and also examines the following recent developments: the new environmental impact assessment (EIA) regime (2010 regulations) several amendments to the National environmental management act and other environmental legislation the new National environmental management: waste act the new National environmental management: Integrated coastal management act several important developments in delegated legislation numerous new cases, including the far-reaching Fuel Retailers decision in the Constitutional Court.

African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives, Second Edition, offers a clear and accessible introduction to African indigenous law.

Drawing upon the rich data, empirical research, case law (such as that on marriage validity) and legislative developments (including the Traditional and Khoi-San Leadership Act 3 of 2019 and the Traditional Courts Bill [B1D-2017]) that have emerged within the recent period, this second edition presents a deepened theoretical and technical understanding of living customary law. In a concise manner, the text provides foundational content on key aspects of living customary law systems whilst also engaging the problematics of both contemporary and historical concern evidenced in emerging issues and debates within the discipline of law, and society more generally. Employing an enquiring, critical approach, the text offers a decolonial contribution on the dynamic construct that is 'customary law' as rooted within a democr atic constitutional order.

Amongst the many relevant and timely topics covered by the work, African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives, Second Edition, includes an essential new chapter on land ownership and tenure in customary law, and presents an authoritative account of the extensive developments within the sphere of traditional leadership. In addition, the text offers a new framework that moves beyond harmonization of customary law and common law, where conflicts of law might arise, to envisioning a holistically South African and truly 'common' law.

This fifth edition of International Law: A South African Perspective is now titled Dugard’s International Law: A South African Perspective, in recognition of the fact that this work is a continuation of the earlier editions written by John Dugard.

The substance of the work has undergone major changes to take account of new developments both on the international legal scene and in South Africa. Dugard’s International Law: A South African Perspective presents a South African perspective of international law. The basic principles of international law are described and examined with reference to the principal sources of international law. This examination, however, takes place within the context of South African law.

South African state practice, judicial decisions and legislation on international law receive equal treatment with international law as it is practised and taught abroad.

The purpose of this work is to help students master the cases and articles in legal journals prescribed as additional study material in courses on specific (nominate) contracts.

It is not a traditional case-book which consists mainly of quotations from the decided cases. It provides a concise summary of the facts, of the dispute or question of law in issue, and of the salient points of the decision, together with comments, remarks, criticisms or the points of view taken in articles in legal journals. New case law was added to the sections dealing with purchase and sale, lease, agency, credit agreements and insurance.

Some examples of contracts have been added to this edition to enhance student understanding of the contents and drafting of typical contracts.

The bestselling title in the Oxford Quick Reference series, A Dictionary of Law is an essential reference work, described by leading university lecturers as 'the best law dictionary' and favoured by law students and legal professionals alike. The tenth edition features over 4,900 clear and concise definitions on major terms, concepts, and processes within the English legal system, and is a useful source of information for any of the many countries that base their legal system on English law. It includes more than 120 new entries, including acid attacks, lasers, Nightingale Courts, Northern Ireland Protocol, and retained EU Law. Many of the new and revised entries reflect changes brought about by Brexit and the Divorce, Dissolution and Separation Act 2020. There have also been significant increases of coverage in the areas of constitutional law, medical law, and employment law and professional regulation. Updated web links complement the text and lead to a dedicated companion website for further reading materials. The dictionary also contains a guide to legal writing, and a citation guide drawn from the Oxford Standard for Citation of Legal Authorities (OSCOLA).

Understanding Social Security Law deals with key elements of social security in its various facets, both private and public measures. Social security is defined and different elements such as social insurance, social assistance, pensions and unemployment insurance are set out. Relevant case law is explained for the reader. Selected comparative social security trends elsewhere, including developments in the Southern African Development Community (SADC) are also mentioned.

The book aims to present some relevant aspects of this growing area of the law and labour market policy in an accessible way. Key point summaries of law and frequently asked questions (FAQs) are covered to aid understanding.

The authors are highly regarded labour law practitioners and academics who have published extensively in this field.

This work is aimed at non-law students and covers legal issues normally relevant for such students.

This work is the English rendition of Besigheidsreg. Like its Afrikaans counterpart, it is aimed at non-law students and owes its existence to the need for a less comprehensive and affordable students' handbook dealing with all the legal issues normally relevant for such students.

The 2nd edition of Criminal Procedure Workbook is designed as an aid in the study of criminal procedure and should be used in conjunction with the prescribed textbook. It is easy to use and facilitates learning through practical, real life scenarios. In particular, it hones in on the areas where students need assistance when preparing for tests and exams.

The practical and straightforward solutions will give students a better understanding of the subject as well as enable them to improve their results.

Human dignity, the achievement of equality and the advancement of human rights and freedoms are core principles in education in South Africa. The public school system in South Africa is large, diverse and every situation that arises in a school is governed by acts, regulations and policies. Every role player in education needs to know and understand the legal aspects pertaining to the basic rights and duties of all interested parties.

The law of education in South Africa attempts to make school law accessible by interpreting acts and legal precedents dealing with the multitude of issues occurring in a new democratic country that in its supreme Constitution, guarantees that everyone has the right to a basic education.

The law of education in South Africa analyses acts, regulations and case judgments with the purpose of providing a legal framework guiding the actions of education managers and school governors in protecting the human rights of everyone involved in education.

Beyond constitutional law, South Africa has a mass of laws and legal precedents pertaining to education in general, labour relations in education and the protection of the safety and the best interests of children exercising their right to a basic education.

The law of education in South Africa will be of interest to academics working in the sphere of education, post-graduate students, school principals, educators, parents and other stakeholders who support the notion that “a child’s best interests are of paramount importance in every matter concerning the child” (Constitution, section 28(2)).

Guide to Business Law in South Africa, seventh edition, offers a concise, clear and applied explanation of the principles of business law in South Africa.

This seventh edition is revised and updated to reflect the extensive common law, legislative and constitutional developments that have occurred during the recent period. Offering numerous examples and case law discussions, the text clearly explains the legal principles that are relevant within the various commercial law subject areas.

An extensive, diverse bank of assessment, application and presentation resources is available to support teaching and learning.

This updated book provides a comprehensive exposition of the theoretical foundations and general principles of the South African law of unlawful competition and the most important forms of competitive excess recognised in our law. In addition, because the legal rules regulating the maintenance and promotion of competition may influence the law of unlawful competition, these have also been reviewed.

The last monograph to be dedicated exclusively to the law of servitudes in South African law was the 1973 edition of Hall & Kellaway: Servitudes. Since then, interesting regulatory and constitutional issues have arisen in servitude disputes.

The Law of Servitudes covers the traditional areas of the law relating to servitudes, such as the nature and characteristics of servitudes, the acquisition of servitudes, the relationship between the servitude holder and the landowner (including remedies available to either party), the termination of servitudes, and includes separate chapters on praedial servitudes, personal servitudes, and statutory and public servitudes.

The Law of Servitudes seeks to establish the current state of the law, seen in the context of its historical development in South Africa, as well as to consider the current position with reference to the effect of the Constitution on the development of private law.

First published in 1996, Workplace Law has become one of the most widely used and frequently quoted text books on South African labour law. This 14th edition has been revised and supplemented to incorporate the latest case law, as well as recent amendments to labour legislation.

Workplace Law provides a complete overview of issues that have arisen and are likely to arise on the shop floor, in court and in arbitration proceedings – from unfair labour practices, through employment equity, dismissal and collective bargaining, to strikes. Students, HR and IR practitioners, lawyers, employers, employees and trade union officials will find this updated, comprehensive and reliable work a convenient and indispensable guide to a complex and fascinating area of law. Workplace Law is also available in electronic form in Juta’s Labour Law Library, where it is updated quarterly.

John Grogan BA(Hons)(Rhodes), B Iuris LLB (SA), LLM PhD (Rhodes) brought the experience gleaned from a quarter of a century’s involvement in labour law to bear on the production of this book. One of the most prolific and respected commentators on South African labour law, he has been involved in the teaching or practice of law in various capacities since 1987. Having left his position as Head and Professor of Law at Rhodes University to enter private practice as an advocate, Dr Grogan has been involved in many important cases as counsel, judge or arbitrator. He is also the author of Employment Rights, Dismissal, Collective Labour Law and Labour Litigation and Dispute Resolution, as well as of innumerable articles, and has served as acting judge in the Labour and High Courts and as senior commissioner of the CCMA and a number of bargaining councils.

Coping with your role as counsellor takes a heavy toll, whether you are a trauma counsellor, a nurse in an HIV/Aids clinic, a teacher, a policeman, or a human resources manager. This concise, and highly readable book, built on case studies and real-life experience, and drawing on the best theory and research, provides the guidance needed to stay reflective, healthy, and effective. It discusses issues of containment and expectation, effectve listening, HIV/Aids and trauma counselling, cultural difference, and balancing your counselling role with day-to-day responsibilities. This is essential reading for all students of psychology, counselling and social work.

English
The second edition of this bilingual Criminal Procedure Casebook provides the reader with excerpts of judgments that illustrate the most important aspects and underlying principles of South African criminal procedure. It also contains a section on international and transnational criminal matters. This edition includes new topics such as the accused’s capacity to understand proceedings (mental illness and criminal matters), undue delays in criminal matters and child justice.

A summary of the facts and important issues precedes each case excerpt. The excerpts are followed by a critical note evaluating and explaining the relevance and importance of the judgment. The method employed by the authors in their selection of cases reflects a principled approach to the subject. All introductory and explanatory notes are in English and Afrikaans, and Afrikaans judgments are followed by an English translation.

This book will be of invaluable assistance in the study of the dynamic field of criminal procedure. It can be used as a companion to the Criminal Procedure Handbook twelfth ed by Joubert (editor) et al.

Afrikaans
Die tweede uitgawe van die Strafprosesreg Vonnisbundel verskaf aan die gebruiker uittreksels uit hofbeslissings wat die belangrikste aspekte van en beginsels onderliggend aan die Suid-Afrikaanse strafprosesreg illustreer. Dit bevat ook ‘n afdeling wat internasionale en transnasionale strafregtelike aangeleenthede aanraak. Hierdie tweede uitgawe bevat nuwe onderwerpe wat insluit: die beskuldigde se vermoë om verrigtinge te begryp (geestesongesteldheid en strafregtelike toerekenbaarheid), onbehoorlike vertragings in strafregtelike verrigtinge en kinderstrafproses.

Elke uittreksel word voorafgegaan deur ‘n opsomming (in Engels en Afrikaans) van die feite en belangrike kwessies. Die uittreksels word gevolg deur ‘n kritiese aantekening (weereens in Engels en Afrikaans) waarin die belang van die uitspraak oorweeg en verduidelik word. Uitsprake in Afrikaans word gevolg deur ‘n Engelse vertaling. Die skrywers se keuse van uitsprake weerspieël ‘n beginselmatige benadering tot die onderwerp.

Die boek sal nuttig wees by die bestudering van die dinamiese gebied van die strafprosesreg. Dit kan saam met die Strafprosesreghandboek twaalfde uitgawe deur Joubert (redakteur) et al gebruik word.

McKenzie's law of building and engineering contracts and arbitration is an essential reference for those connected with the construction industry. It is the leading reference work dealing with South African contract law relating specifically to engineering and building contracts.

This is the first book to explain the law applicable to the updated Joint Building Contracts Committee (JBCC) Principle Building Agreement (6th edition, 2014) and the Engineering General Conditions of Contract for Construction Works (2nd edition, 2010), which are both annexed to the book and extensively cross-referenced to assist the reader. The book also cross-references the relevant clauses of the FIDIC Contract Agreement (1999). Disputes arising out of building contracts are often referred to arbitration for solution.

This work therefore deals with the effect of the Arbitration Act 42 of 1965 and the Association of Arbitrators Standard Procedure Rules, which are also reproduced as annexures in the book.

Mineral Law: Principles and Policies in Perspective provides a unique look at the context of current mineral law. It examines the system introduced by the Mineral and Petroleum Resources Act 28 of 2002 by juxtaposing it with preceding generations of mineral law. It deals with the regulatory and proprietary aspects of mineral law, the constitutionality of the transitional provisions introducing the new mineral law order, its continuity with former generations of mineral law.

This book meets the need of scholars and practitioners for an accessible text that provides a broader view of the origins, roles and functions of current legislation on mineral resources.

Content:

• Foundations of Mineral Law
• Piecemeal Regulation in the Colonial and Union Eras (ca 1860 to 1964)
• Regulation of Mineral Resources from 1964 to 1991: ‘Conferral’
• The ‘Custodianship’ Model (Regulation in Mineral Law since 2004)
• Implications of the Systemic Change in Mineral Law
• Lessons from the Past for the Present
• Figures Outlining the Key Mineral Events in South Africa
• Maps Showing Mineral Deposit Areas in South Africa both Past and Present

Most planning degrees at South African universities include a compulsory course in planning law. This is usually the first time that planning students encounter law as a discipline. Planning students therefore need to familiarise themselves with sources such as the Constitution, legislation and court decisions. The Planning Law Casebook seeks to assist students in this regard. Understanding how to use, interpret and apply case law is perhaps the most difficult aspect of planning law.

Part I of the Planning Law Casebook describes the different parts of a typical court case. Part II briefly explains how the Casebook should be used. Part III contains discussions and analyses of 18 key planning law cases, which reflect the different components of current planning law. Part IV is a glossary in which the relevant legal concepts and terminology are defined. Part V includes extracts from applicable legislation. Part VI provides examples of typical planning documents, such as a deed of transfer, a notice of the removal of a restrictive condition or rezoning, and a part of a schedule to a town planning scheme indicating one of the zoning categories.

This edition of Cession for Students is an update with some new cases added and a more user-friendly format. The book is a useful tool for both students and practitioners in mastering this complicated subject.

Cession for Students is divided into three sections: the substantive law of cession, case study questions and a short introduction to the drafting of cession documents. The first section is for examination purposes, the second to test insight and practical knowledge and the third serves as a practical aid.

Contents Include:

• Substantive law of cession
• Questions and answers
• Case studies
• Examples of drafting cession documents

Are the courts against the people of South Africa?

Since populist factions claim to be the people, judges confronting them do not just decide against the people; they are against the people.

The judiciary faces a barrage of attacks not just from the ruling ANC but from other political parties clamouring for power. There comes a predictable phase in the cycle of politics where this is most likely to occur. Why does it benefit political parties to deflect from their failure to deliver with calls for parliamentary sovereignty? Why do so many myths circulate about the nature of our courts and constitution?

Dan Mafora answers these questions and more in an inspired analysis. He takes us through the historical ideological clashes within the ANC that make judicial independence up for debate, how administrations since '94 have responded to judicial decisions and why this phenomenon is important to watch globally. He also examines how disinformation campaigns play a big role.