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This is the fifth edition of the book that has appeared for the first time in 1992 as a relatively concise text, primarily aimed at students in the law of succession. In its successive editions the book has evolved into a more general source on the South African law of succession. Through its approach, presentation and systematic method the work remains ideal for use as a textbook in courses in the law of succession. The fifth edition again strives to provide the reader with a comprehensive overview of the different facets of the law of succession, in the light of recent developments that have affected this branch of the law.
"Everything should be made as simple as possible but not simpler." -Albert Einstein. The authors of this book firmly believe in this principle. This book aims to explain labour law as simply as possible without losing the essence and importance of labour law rules in the workplace. This book uses plain and understandable language and practical examples to explain concepts. Visual aids such as tables or graphics and mind maps will explain difficult concepts further. In a nutshell, this book is an essential tool for any keen student or reader on the topic. This is a thoroughly revised new book, building on the foundations of the first three editions, but expanded and updated to meet the needs of the students using it. The fourth edition has: This well-established labour law text has been updated to reflect the law as of September 2020. Labour Law Rules provides an accessible and clear discussion of all relevant labour, employment equity, social security and related legislation. The book brings law and practice together. The text is supplemented with visual aids, examples and case law to clarify concepts. The book is aimed principally at students who engage with labour law for the first time during their BCom and LLB studies. The book will also be helpful for HR and IR personnel, project managers, supervisors and union officials. The contents are divided into four parts discussing individual labour law, collective labour law, social security law and other labour laws. The common law contract of employment is the basis of the relationship. The book explains how the Constitution, the BCEA, the NMWA, the LRA as well as the EEA supplement the relationship. The legal protection afforded to employees, including non-standard employees, is clarified. Dismissal, unfair labour practices, discrimination, harassment and the impact of transfers of a business on employers and employees alike are explained with reference to recent statutory and case developments. The book includes an analysis of collective labour law. Aspects such as collective bargaining, collective agreements, bargaining agents (for example, trade unions) and workplace forums are covered. The legal requirements for protected strikes, lock-outs, picketing and protest action are dissected and explained with reference to case law and practical examples. An important aspect of labour law that is often overlooked in the academic context is social security measures that impact on the workplace. The book covers the OHSA, MHSA, COIDA and UIA. The book concludes with an overview of so-called non-core labour legislation such as the Employment Services Act, the Skills Development Act, the Employment Tax Incentive Act, the Regulation of Interception of Communications and Provision of CommunicationsRelated Information Act and the Protection of Personal Information Act. Additional recommended reading is provided in a separate annexure for the keen reader. This book not only reflects on the rules of labour law but also shows that labour law, in the modern workplace, rules!
Trusted for over 50 years, this accessible, comprehensive and practical commentary has been written with the needs of the practitioner, the trustee and the academic jurist in mind. The sixth edition of Honoré’s South African Law of Trusts meticulously discusses the life of a trust from its formation to its dissolution and the problems that are typically encountered in the process. Extensively updated with reference to the latest legislation, case law, and in terms of South Africa’s growing constitutional development, the book also includes a new chapter on collective investment schemes.
Dean & Dyer's Introduction To Intellectual Property Law In South Africa, Second Edition, offers a rigorous and accessible introduction to the various branches of South African intellectual property law. This second edition text is thoroughly revised and updated to address the many, general developments in case law, and amendments to relevant legislation, that have occurred since the publication of the previous edition of this work. In addition, the text addresses the multifarious developments that have occurred within the digital environment, as relevant to trademark and copyright law, and includes discussion of artificial intelligence as an important development in the law of copyright. Dean & Dyer’s Introduction to Intellectual Property Law in South Africa, Second Edition, offers an enquiring approach, and a pedagogical framework that supports independent critical and reflective engagement with the subject matter.
Evidential Aspects of Law Enforcement will assist law enforcement officers with gaining a clear understanding of the legal principles involved in the gathering of evidence, whether on crime scenes or during further investigations. A successful prosecution depends on the value of the evidence gathered from the moment that the crime was reported. Evidential Aspects of Law Enforcement addresses the law of evidence and aspects of the law of criminal procedure that relate to the law of evidence. The book also explains the importance of effecting an arrest to facilitate the gathering of evidence from a suspect (such as fingerprints and DNA), and how the conduct of the enforcement officer may affect investigations. Evidential Aspects of Law Enforcement explains technical legal terms in a straightforward and practical way, and contains the information that all law enforcement officers require to perform their duties effectively.
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.
This book is an introductory text for students of property law The book provides undergraduate students with an extensive exposition of the general principles of South African Property Law. It is a sister title to Silberberg and Schoeman's The Law of Property which is written for postgraduate students and legal practitioners.
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:
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
Modern society is largely dependent on information, and the right to know is essential to any democracy.
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.
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.
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.
This book is aimed at students of labour law and is useful as a first point of reference for practitioners. This title deals with the common law and statutory rules applicable to labour law within its constitutional framework. It covers both standard and non-standard employment and includes discussion of regulatory material, judgments and arbitration awards.
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 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.
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.
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.
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.
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. |
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