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The Companies Act (No. 71 of 2008), as now amended by the Companies Amendment Act (No. 3 of 2011), introduced many concepts, principles and rules that were foreign to South Africa's common law. However, the new Act does not indicate clearly to what extent it replaces the common law. Corporate Law For Commerce Students is thus a much-needed guide to the structure and fundamentals of the new company regime. Corporate Law For Commerce Students covers three types of business venture, namely partnerships, companies and close corporations, which each carry different rights and obligations, and ultimately liabilities, for the entrepreneur. It discusses, inter alia, how to choose the right option for a specific business; the partnership concept, the establishment of a legal personality; compliance, transparency and accountability; shares, securities, stock and debt instruments; fundamental transactions, takeovers and offers; business rescue and compromise with creditors; and termination and dissolution - all within the framework of the new Companies Act and the common law. It includes figures, tables and mind maps to clarify each topic, and provides assessments at the end of each chapter. Corporate Law For Commerce Students is aimed both at students who are studying Commercial Law, Business Entities or Corporate Law and practising accountants and auditors.
This book charts the odyssey of customary law through the centuries; from colonial times to present day South Africa.
Engela Linde-Van Rooyen, ervare redakteur, letterkundige, verhaalredakteur en veral befaamde skrywer. Haar liefdesverhale, jeugverhale en kontreikuns het haar 'n huishoudelike naam gemaak lank voor haar meesterwerk - en toevallig haar honderdste boek - Vuur op die horison verskyn het (laasgenoemde was op die kortlys vir die M-Net-prys). Geagte skrywer is 'n keur uit die briewe wat sy as verhaalredakteur aan skrywers geskryf het wat verhale aan haar gestuur het.
This book provides a detailed, yet simplified reference to the general
principles of the Law of Contract and specific contracts, other
commercial transactions and corporate law.
In this text, the authors attempt to lay a foundation for a scientific approach to wound care that is particularly suited to the South African context.
The purpose of this handbook - Know your Rights, Claim your Rights - is to provide a straightforward overview of the Constitution of South Africa; to set out the basic constitutional rights and responsibilities of all South African citizens and to assist in drawing the attention of civil society to the remedies available when their rights have not been respected and upheld.
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.
Since 1994 there has been a surge in private land ownership by low-income citizens in South Africa. Approximately a third of residential properties registered by the Deeds Office are previously State-subsidised houses. More than 12 500 000 people live in these homes, constituting a large base of individuals requiring legal services. Many of these new property owners live at the interface between the formal and informal economy. Standard property, succession and family law approaches are often ill-equipped to suitably address the many and distinctive (power) imbalances typical of this sector. New legal strategies affordable to both lawyer and client need to be developed. This book discusses methods for developing pro-poor contracts and land tools for low-income clients. Prenuptial and cohabitation agreements, housing rights and land ownership are explored, since they are areas core to the sustainability of the private law.
Accounting literature refers to the procedural and conceptual approaches in the teaching of an introductory accounting course.
Food Sustainability and the Media: Linking Awareness, Knowledge and Action is the first book to explore the roles that the media plays in raising awareness, spurring action, and increasing understanding about food security and global sustainability issues. The book addresses the means of leveraging traditional and new media to advance food and sustainability discourse by linking awareness, knowledge, and action. The book links sustainability and food security in media communication to address different topics, including the way climate change is framed by the media, key factors of success and failure in NGOs, public and corporate communication, and climate change denial.
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.
Embark on a comprehensive journey into forensic document examination with this specialised guide, tailored for aspiring forensic document examiners, investigators, legal professionals, and the judiciary. Covering a spectrum of topics, from document definition to the future of forensic document examination, Forensic Document Examination Techniques Supporting Investigations and Judicial Procedures highlights the vital role of examiners in discerning document authenticity and contributing to criminal case and civil case resolutions. The book explores the diverse responsibilities of forensic document examiners, from consulting with law enforcement and legal practitioners to serving as expert witnesses. Forensic Document Examination Techniques Supporting Investigations and Judicial Procedures emphasises effective communication skills, providing insights into key considerations, including cases, expert evidence weight, and logical reasoning in examination reports. Focused on the integrity of document evidence, the book discusses proper collection and preservation methods, illumination techniques, and authentication questions arising from document disputes. The concluding section delves into a range of examinations, covering paper and ink analysis, alterations, electronic signatures, and the impact of the Fourth Industrial Revolution (4IR). The authors envision the future forensic document examiner as a multi-skilled professional navigating digital technology, biometrics, and statistics. With a positive outlook on the evolving landscape.
Although the South African Police Service (SAPS) is tasked with preventing crime and enforcing the law in South Africa, various other agencies also render assistance with crime prevention and law enforcement functions, notably traffic officers, metro police members and municipal law enforcement officers. These non-SAPS law enforcers operate primarily at the local and provincial government levels, and their services have become indispensable in the effort to fight crime. Legislation declares certain non-SAPS law enforcers to be peace officers and bestows on them various specific powers and duties that are akin to policing functions, such as the authority to regulate road traffic, the duty to prevent crime, the power to arrest, and the power to enforce municipal by-laws.
The South African Law of Unjustified Enrichment sets out the principles governing the general requirements of enrichment liability as well as the traditional specific enrichment actions. These actions cover a broad range of situations where someone enriched another by conferring a benefit for a purpose that failed, or by improving another’s property or paying another’s debts without authorisation, or where someone was enriched by infringing another’s rights. Since the first edition of this work there has been greater judicial recognition of the general principles of enrichment liability and a decreasing interest in the identification of specific enrichment actions. These developments have increased the risk of the general requirements for enrichment liability being treated as free-floating concepts that may be resorted to whenever it is felt that duties of restitution must be imposed. The second edition seeks to address this challenge, and also engages with developments in the law relating to the unwinding of contracts, undoing the consequences of fraud and theft, and locating enrichment liability in its broader constitutional and statutory context. Over 400 new judgments, as well as major developments in foreign law are considered.
Fintech Law and Regulation: An African Perspective has come about in the context of the increasing call to adapt financial regulation to cater for fintech. The book aims to provide an African perspective on the regulatory and policy issues that fintech has given rise to. The book begins by examining the different aspects of fintech, followed by the development of fintech and its penetration in Africa. Later chapters consider pertinent regulatory and policy issues that have arisen with fintech. In the final chapter, the book highlights the many lessons which can be drawn from the various chapters and makes recommendations to overcome legal and regulatory gaps.
How may an employer effect a dismissal that does not fall foul of the law? What is an unfair labour practice? How and when does an employer discipline an employee? How do you formulate charges? How do you prepare for an arbitration? The answers to these and other questions can be found in this book, which aims to alert both employers and employees of their respective rights and how these rights can be enforced and protected. This book is not an arid reflection on labour law. It is an attempt to initiate a sound understanding of the basic principles of labour law and to instil a practical approach to work-related issues. Any person, whether an employer or employee, who needs to understand labour issues without being burdened by esoteric legal principles will find this book helpful.
A successful and competent administrative manager is integral to any profitable and efficient organisation or working environment. A successful and competent administrative manager is integral to any profitable and efficient organisation or working environment.
Investigation: A Comprehensive Guide to the Basic Principles, Procedures and Forensic Processes equips prospective investigators with the principles that they must know and apply to successfully carry out their duties. The aim of this book is not to train prospective investigators in investigating crime, but to make them aware of the principles of criminal investigation that will enable them to bring an investigation to a successful conclusion. For any investigating officer to be successful in pursuing the objectives of criminal investigation, he or she must take cognisance of the five questions rule:
Forensic Investigation: Legislative principles and investigative practice is an essential resource for professionals and students in the field of forensic investigation. Written by a team of seasoned experts, this book explores forensic investigation as a comprehensive discipline that combines natural, social and human sciences with crucial management skills.
Property in Housing unpacks the right of access to adequate housing (section 26 of the Constitution of the Republic of South Africa, 1996) from a property perspective. The purpose of the volume is to reassess how and to what extent property plays a role in the protection, promotion and fulfilment of this right. The characteristics of access to ‘adequate’ housing – as articulated by the United Nations Committee on Economic, Social and Cultural Rights in its General Comment 4 – serve as an organising framework for the volume. It is within this framework that we explore how property law can be used and aligned to implement the right of access to adequate housing as a vehicle for large-scale transformative aims. Themes that are used to explore the vigorous relationship between property and housing include the centrality of the home in housing versus proprietary conflicts; the extent to which property narrates the conception of adequate housing, absent dedicated legislative reform; and the instrumentality of property as a vehicle for transforming the housing sphere. The property paradox in the context of the housing clause is threefold: the property institution must be curtailed to make way for housing interests; it must be utilised (with legislative measures and sometimes without) to do some of the section 26(1) heavy lifting – for instance, to provide secure tenure or ensure access to services; and it must foster a culture of regulation by way of the constitutional property clause (section 25), to provide the required access to the spaces that we envision adequate, at the costs that we consider reasonable. The monograph first introduces the authors’ approach, methodologically and theoretically, with reference to the history of property in housing in South Africa, the limited juridical development of our understanding of ‘adequate’ housing in the constitutional dispensation, the way in which housing relates to other constitutional rights, and the characteristics of having adequate housing. The remainder explores each of the internationally recognised characteristics by drawing on property law – security of tenure, services, accessibility, habitability, affordability, location and cultural adequacy – as components of the organising framework to interpret the progressive realisation of the South African housing mandate and respecting its anti-eviction measures. The development of the normative and substantive content of the right of access to adequate housing lies in the space left incomplete by property law. As such, this monograph is a call to action for this development to be achieved in order to foster a democratic South Africa for all who live in it. Property in Housing will be a valuable resource for subject specialists, researchers, advanced students, practitioners and the judiciary alike.
Collective Labour Law is the most thorough and comprehensive book available on the law governing the relationship between organised labour and employers in South Africa. The book covers topics such as the recognition of trade unions as bargaining agents, how organisational rights are acquired and lost, the collective bargaining process, strikes and lock-outs. Copious examples from case law give the reader insight not only into the law but also into the events that led to conflicts which ended up in the courts. The book is written in the clear and readable style for which the author has become acclaimed. Collective Labour Law is part of a quartet of books by John Grogan that covers the entire field of labour law as it has developed in South Africa to date. The book is also available in digital format, which offers subscribers ongoing quarterly updates.
This sixth edition of the established work Principles of Criminal Law, now Burchell’s Principles of Criminal Law, includes a number of compelling new features. Written by three specialist authors – Emeritus Professor Jonathan Burchell, Professor P J Schwikkard and Dr Tshepo Bogosi Mosaka – it contains substantially improved chapters on corruption, substance abuse and organized crime, as well as fuller debate on consent to die with dignity. It places greater emphasis on customary law and submissions on mistaken belief in consent in rape cases. There are also new chapters on witchcraft and hate crimes (incorporating hate speech).
The use of unmanned aircrafts, commonly known as drones, is developing at a fast pace worldwide. Drones are extremely versatile and capable of performing a wide variety of applications. However, applicable regulations are still lagging behind in technological progress and volume growth. The authors provide an in-depth study on prevailing drone law and policy in order to achieve a seamless integration of drone technology into the legal order of civil aviation. The drone market largely depends on the successful implementation of such a comprehensive international regulatory framework that will allow for safe, secure and environmentally friendly operations, while technologies must be mature enough to ensure full integration of drones into non-segregated airspace in the foreseeable future. Monitoring, evaluating and analysing drone operations is a continuous and systematic process, generating knowledge and best practices, also for streamlining such an all-encompassing regulatory framework.
Since 1997 Sjef van Erp has been professor of civil law and European private law at Maastricht University. Throughout his career he established the field of comparative and European property law not only as a field of research, but also as a field to teach in. His pioneering work in comparative property education has been an example throughoutthe world. His work to gather property experts to make a Ius Commune Casebook on property law, widely used throughout the world as one of the first and very few books on comparative property law, underlines these efforts. In the last decade Sjef van Erp has also been instrumental in bringing researchers together in the European Law Institute that he co-founded, as well in various international working groups focusing on the challenges brought forward by technological developments on the law of property. He has become recognized as an international scholar in the field of PropTech (or property and technology). Throughout all these international activities, he has retained his teaching post at Maastricht and introduced generations of students into the field of property law from a comparative and European perspective. In January 2021 Sjef van Erp has retired as professor of civil law and European Private Law at Maastricht University. On the occasion of his retirement a group of international authors have come together to prepare and offer him a book to commemorate this occasion. |
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