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Increased international investment and accelerating economic growth in Africa in general and in Anglophone Africa mean that businesses located both within and outside these jurisdictions will increasingly demand and require advice on cross-border commercial litigation. As the scope and scale of economic activity increases, the law governing commercial litigation will have to be developed and refined to reflect Africa's importance as a commercial hub. In Commercial Litigation in Anglophone Africa, the authors, for the first time in a work of this nature, set out the broad framework of the private international law rules in operation in each of the sixteen Anglophone jurisdictions considered (Botswana, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Namibia, Nigeria, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe). The authors identify and clarify the law to be applied as it relates to: (i) civil jurisdiction over commercial disputes involving a foreign element; (ii) the enforcement of foreign judgments; and (iii) the availability and nature of the interim remedies, in each of the sixteen jurisdictions addressed.
The first edition of The Building Contract by the late Eyvind Finsen was published in 1999 and followed on the 1991 publication of The New Building Contract. The earlier book was an introduction to the new Joint Buildings Contract Committee (JBCC) contract documents, whereas the later book provided commentary on the JBCC building agreements, which by then were widely used in the construction industry.
This third edition, now named Finsen’s The Building Contract, has been revised and updated. It covers the latest Principal Building Agreement (PBA) and the Nominated/Selected Subcontract Agreement (NSSA), as well as the Minor Works Agreement (MWA), and the various contract data documents and the associated forms and certificates that are used with these agreements. The Construction Industry Development Board (CIDB) has agreed that South African organs of state may use the private sector agreement. Accordingly, this agreement has been amended in consultation with the National Department of Public Works to cater for certain of the State’s requirements.
Finsen’s book is widely recognised as a reference work in the construction industry. This updated edition will be of significant value to building professionals as well as to client bodies, attorneys and advocates who specialise in resolving construction disputes. It is also intended for students who aim to enter these fields. This book aims to equip its readers with the knowledge needed to avoid contractual disputes.
Taking effective witness statements is a practical book on crime investigations with reference to the role of witness statements in such investigations. The book also delves into how a witness should be prepared before a statement is taken, actions by the interviewer and observations during statement taking. Body language and different methods to approach a witness are discussed as well as the goals of interviewing a witness for the purposes of obtaining an effective statement. Taking effective witness statements focuses on different forms of witness statements and deals with: Requirements for a good statement; Characteristics of a good statement; Practical layout and format of a statement; Language in which a statement is taken; Mistakes made by investigators when writing a statement; Professional aspects that investigators must satisfy to meet requirements.
Bloomsbury's Tax Rates and Tables 2019/20: Budget Edition provide comprehensive, post-Budget coverage of the new revised tax rates, allowances and reliefs, following the October 2018 Budget. Also contains commentary throughout to help with understanding Includes devolved Scottish and Welsh Taxes
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.
Anton Fagan has taught the South African law of delict for twenty years and has written extensively on the subject. Undoing Delict: The South African Law of Delict under the Constitution includes his ten best previously published articles and essays. They deal with a range of topics, such as wrongfulness, causation, pure economic loss, and defamation. Several of the contributions investigate the impact of the Constitution, or of certain Constitutional Court judgments, on the law of delict or a part thereof. In addition, Undoing Delict includes a previously unpublished essay in which Fagan develops a new explanation of what it means for intentional harm-causing conduct to be wrongful. Many of the views put forward in this book are controversial and their defence against contrary views is at times robust. But the aim throughout is to deepen or advance our understanding of important and interesting, and in some instances puzzling, aspects of the South African law of delict.
Understanding the CCMA Rules & Procedure is an explanation of the Rules for the Conduct of Proceedings before the CCMA, and an invaluable guide to the various CCMA processes and proceedings. Understanding the CCMA Rules & Procedure will assist the reader in understanding a sometimes complicated and confusing set of rules. Each CCMA rule is explained and summarised. In cases where a rule has been interpreted by the CCMA or Labour Courts, the relevant award or judgment is brought to the reader's attention. Understanding the CCMA Rules & Procedure also contains: The text of the rules for easy reference; A useful matrix of CCMA forms and their uses; Templates for rescission and condonation applications; The CCMA guidelines on misconduct arbitration; The code of conduct for CCMA commissioners.
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.
The legal issues surrounding the online distribution of content have recently gained prominence due to the European Commission's commitment to the Digital Single Market (DSM). This book is one of the first to provide highly topical analysis of the key legal challenges surrounding the online distribution of content, with particular focus on intellectual property rights, competition law and the regulation of new technologies. Central to the book is the question of whether the Commission's proposed legislative solutions will lead to a more coherent, or more fragmented, legal framework at both EU and member state level. Experts within the field assess how current legislation can be effectively applied and look ahead to examine how potential issues raised by emerging technologies, and the need to develop the online content market beyond the DSM proposal, can be anticipated and addressed. Providing a well-rounded view of the subject, this book will be of interest to scholars working within copyright, competition, and consumer law as well as those researching the development of the internal market more widely. Practising lawyers and in-house counsel who work on licensing and distribution agreements within Europe will also benefit from the analysis of new DSM legislation and associated case studies.
Immigration Law in South Africa outlines the existing law applicable to foreigners as reflected in the Immigration Act, the Citizenship Act, the Domicile Act and the Extradition Act as at 31 July 2017. The book also draws attention to the policy shifts by the South African government in the White Paper on International Migration, the Border Management Act, and the Discussion Paper on the repositioning of the Department of Home Affairs within the security cluster. Immigration Law in South Africa comprises three parts. Part One contextualises migration at an international level and within South Africa. This part discusses the concept of migration in the context of South Africa and on the international stage and how the human rights perspective has developed the notion of migration in South Africa. Part Two examines South African immigration law specifically - whom the state allows to enter and leave, who is considered undesirable or prohibited, permanent residence, and the various types of short-term visas that are offered to foreigners. Part Three considers the penalties that South Africa can impose on foreigners who violate the immigration laws of South Africa: the deportation, detention and extradition laws relating to immigrants in South Africa are examined.
"Elizabeth Holtzman has always been the first and the bravest, the smartest and most trusted. She is the expert we need to deal with an accidental President who got there as a serial sexual harasser, a candidate who lost the popular vote, and an unsuccessful businessman who was born on third base and thinks he hit a home run. Now what? Ask Liz!"-Gloria Steinem Elizabeth Holtzman has been a principled leader and a persistent voice for equality and accountability since she became the youngest woman ever elected to Congress in 1973, which she remained for forty-two years. But she sees American democratic ideals, and the rule of law in the United States, eroding under President Trump. And as a member of the House Judiciary Committee that voted to impeach Nixon, and one of the members of the Homeland Security advisory council who resigned in protest of President Donald Trump's policy of separating families at the border, former Congresswoman Holtzman knows that of which she speaks: "President Donald Trump threatens our democracy. He lies, attacks our constitution, assaults the press, and obstructs justice. He causes unfathomable damage. The Constitution has a remedy for presidents who commit `great and dangerous offenses': impeachment. A fair, lawful, bipartisan impeachment inquiry into President Trump means getting to the bottom of things. It means analyzing with a clear head and heart what President Trump has done and what the law requires. Impeaching a president is a grave undertaking. The compassionate and diverse America I know demands we get ready to do it." The Case for Impeaching Trump establishes the requirements for impeachment as set out by the Constitution and proves that President Trump's actions have already met those requirements. Holtzman makes the definitive, constitutional case that Trump can be impeached-and the process should start now.
Writing an essay is rather like building a house. First, you need to have a carefully thought-out plan and a clear idea of how to use all the different tools and building materials. Of course, you also need to know what the finished project should look like. What are the conventions that other building contractors use? What does the home-owner expect? Only once you fully understand the basic principles of building are you able to put together, brick by brick, the four walls, a floor, a roof and the finishing touches, such as windows and doors. Much the same is true of writing an essay. You need to know the building regulations. You need to know what you are expected to build. You need to know the secrets and tricks of the trade. You need to practise. In this handbook, students - those who are about to write their first essay and those who have written numerous essays but who know that they are capable of obtaining better results - are guided along the basic principles of planning and building an essay that is well structured, clear and concise, and meets the high international standards required by tertiary educational institutions.
The management of employment relations: Conceptual and contextual perspectives is specifically designed for students of business management. This work focuses on laying the employment relations foundation and on macro, generic and theoretical issues. The overall purpose of this work is to assist the student in grasping the essentials that lay the foundation for understanding what employment relations entails in South Africa.
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