Companies and other Business Structures in South Africa offers a clear and practical approach to the law relating to companies, close corporations, trust entities, partnerships and financial markets.

The fifth edition is comprehensively revised to address the extensive common law jurisprudence that has developed since the Companies Act 71 of 2008 was promulgated, and offers expanded commentary to support meaningful understanding and practical application of the legislative provisions and common law. In addition, the fifth edition offers a new chapter that discusses the obligations of business enterprises in relation to human rights.

Companies and other Business Structures in South Africa is suited as core course material for students of all disciplines, who are studying company law at undergraduate or postgraduate level. The text balances rigour and depth with accessibility, and offers a clear pedagogical structure that supports effective learning and independent engagement wi t h the subject matter. To support teaching and learning, teaching presentation and assessment materials are available to lecturers.

The book is also a useful resource for legal or accounting practitioners who may wish to engage with practical and current principles of the field.

The fifth edition of Beginner’s Guide for Law Students is a foundational text which introduces first-year law students to basic legal terminology and definitions; the South African legal system’s objectives, history and subdivisions; and legal research skills.

Students are introduced to the law as it stands, in accessible terms, with reference to the different sources of law and popular media, to demonstrate how the law affects the everyday lives of individuals and groups in South Africa. Without detracting from the book’s accessibility, students are made aware of the law’s complexity, contestability and uncertainties.

Beginner’s Guide for Law Students goes further in exposing students to critical voices on existing law and encourages students to start developing their own informed opinions about the legal system and what it can and cannot achieve in addressing South African problems today. Students are invited to continuously reflect on the implications of the ‘transformative’ Constitution of the Republic of South Africa, 1996 for the various dimensions of law. However, it is also shown that transformative constitutionalism is not the be-all and end-all of South African law, free from its own limits and criticism. As such, relevant 'decolonial’ critiques of transformative constitutionalism are explored.

First published in 2010, this book is the most comprehensive exposition of practice and procedure in the various forums charged with resolving employment and labour disputes in South Africa. It provides an overview of the nature, powers and jurisdiction of the CCMA, bargaining councils, the Labour Court and private arbitrators, and guides the reader through the maze of rules and procedures that must be followed to process matters through these forums, while giving useful tips on how to avoid or surmount obstacles that might arise along the way.

This book is more than a practice manual. It sets out the principles underlying the issues discussed and illustrates them with many examples from decided cases.

Labour Litigation and Dispute Resolution forms one volume of a quartet by the author, which together covers the entire field of labour law as it has developed in South Africa to date.

Law of Persons, now in its seventh edition, has become a standard text on the South African law of persons. The book was first published in 1995, just after the dawn of South Africa’s first democratic dispensation. The book constitutes a general and fully referenced source on the law of persons, and reflects the transformation of the law of persons in line with the values entrenched in the Constitution of the Republic of South Africa, 1996, with specific reference to the Bill of Rights. The book’s systematic approach and comprehensive overview make it suitable as a textbook.

Trynie Boezaart (previously writing under the name CJ Davel) has authored Law of Persons since the book was first published. She is Professor Emeritus at the University of Pretoria, founder of the Centre for Child Law at the University of Pretoria, Director of the Centre for Child Law until 2008, and an Advocate of the High Court of South Africa. She has served as an Acting Judge in the High Court and was the Head of the Department of Private Law at the University of Pretoria for more than eight years. Furthermore, she enjoys international recognition for research in child law and the law of persons, has lectured extensively in the law of persons for more than three decades, and has published widely on numerous aspects of the law of persons and related fields.

The Basic Guide to Criminal Procedure explains the law of criminal procedure in understandable language and with reference to the rights in the Constitution of South Africa.

Useful discussions of relevant cases are included throughout the book. The important forms used in criminal procedure are also provided as annexures at the back of the book.

Contents Include:
1. Basic concepts in criminal procedure
2. The pre-trial phase
3. The plea phase
4. The trial phase
5. The sentencing phase
6. The post-trial phase
7. Annexures (forms)
- Written notice to appear in court
- Age estimation of child
- Warrant of arrest
- Guilty statement in terms of s 112(2)
- Plea and sentence agreement
- Not-guilty statement in terms of s 115(2)
- Bail receipt
- Application for leave to appeal
8. Glossary of Latin terms

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.

This book provides candidate attorneys with the practical information that they need when starting articles.

The information in this guide bridges the gap between the university environment, where the emphasis is on theoretical knowledge, and the candidate attorney’s new working environment, where the emphasis is on the practical, hands-on application of this knowledge and learning fast! It covers the candidate attorney’s relationship with his or her principal, with counsel and clients, registering and ceding articles, issuing, serving and filing, the courts, how to prepare for applications and actions, being admitted as an attorney, ethics and etiquette.

Features and Benefits

• A practical handbook intended for the new candidate attorney covering everything from working with principals, counsel and clients, to etiquette, actions and applications
• Plain language approach

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…

Written from a uniquely South African perspective, Human Resource Management in Government explores many facets of the employment relationship, including strategic employment processes, workforce planning, talent management, trade union interactions, public sector labour relations and terminating employment relationships.

Features:

• The latest local and international applied research and practice;
• Insight into the public human resource management functions;
• Best practices in talent management;
• Trends and best practices in human resource management in the public sector in other African and developing countries;
• Topical and current information that encourages continuous self evaluation; and an interactive structure with activities, questions, research reports and the latest court decisions related to the HR field; and
• Three new themes were added to this edition to make the book even more relevant to the reader, namely the influence of the 4th Industrial revolution, green demands on the public employer and decolonisation.

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.

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 Principles of The Law of Property in South Africa, Second Edition, offers a thorough, current and accessible introduction to the general principles of property law in South Africa. Including diverse perspectives, the second edition foregrounds discussion of constitutional perspectives to engage with critical issues and debates that arise within the current and dynamic socio-economic context.

The text presents fundamental principles within a clear and applied conceptual framework, and is designed to support independent, enquiring and critical engagement with the subject matter.

The Principles of The Law of Property in South Africa 2e is appropriate as core material for LLB courses that address property law. The text is also a useful resource for practitioners who wish to engage with foundational and current principles of the field.

Modern society is largely dependent on information, and the right to know is essential to any democracy.

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.

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).

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.

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.

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.

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)).

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 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.

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.

In modern society, almost everything we do is intimately connected to information creation, retrieval, processing or management, and the internet is at the heart of this growing information society or knowledge economy.

Technology has a real impact on people’s rights, and laws have become increasingly significant, whether in the enforcement of copyright law regarding the downloading of MP3-formatted songs through file sharing technologies or in the application of the general principles of contract law to online contracts. Cyberlaw@SA IV: the law of the internet in South Africa is therefore directed at advancing the principles of digital jurisprudence.

Comprehensively updated, the fourth edition of Cyberlaw@SA IV: the law of the internet in South Africa covers a wide range of topics and areas of discussion in the field of cyberlaw, from protection of domain names and personal information to identity theft and privacy. This edition provides in-depth discussions of e-taxation, protection of data, cybercrime laws, copyright law, consumer law and the processing of e-evidence and its value in civil and criminal proceedings.