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Books > Law > Laws of other jurisdictions & general law
Principles of Evidence fifth edition provides invaluable assistance to students, academics and practitioners alike and introduces a decolonial approach to South Africa’s law of evidence. The book continues to assess the impact of the Constitution on the rules of evidence and analyses the bourgeoning body of case law dealing with the admissibility of evidence. It also considers recent amendments impacting the child witness as well as the presentation of oral evidence more generally and offers a separate discussion on statutory provisions regulating matters as diverse as, for example, sexual history evidence and the admissibility of electronic evidence. Provides critical commentary and suggestions for law reform.
Dismissal remains the most thorough and comprehensive work available on a problem that confronts employers, lawyers, judges and arbitrators every working day – when is it fair to terminate the relationship with employees, for whatever reason this regrettable step may be deemed necessary? This work deals with all the circumstances in which dismissals arise and are challenged – from dismissals for misconduct and incapacity, through retrenchments, automatically unfair dismissals, dismissals of protected and unprotected strikers, to the procedures required before such dismissals can lawfully be effected and challenged. Written in the clear and readable style for which the author has become acclaimed, the exposition of each principle is illustrated with examples drawn from the case law. This fourth edition adds many judgments handed down since the third edition was published five years ago, and incorporates judgments law and statutory amendments that have been handed down or enacted since then. Dismissal forms a volume in a quartet by the author, and should where necessary be read with its companion volumes – Employment Rights, Collective Labour Law and Labour Litigation and Dispute Resolution
The Law of Contract in South Africa, fourth edition, offers a concise, accessible and rigorous introduction to the general principles of contract law in South Africa. Balancing depth of explanation with exceptional clarity and an enquiring approach, the text guides readers to master their knowledge and to critically engage with the subject matter. The fourth edition is revised and updated to address several significant developments. Additional teaching presentation and assessment materials are available to support teaching and learning.
This title is meant to convey the emphasis which is now placed on the valuable contents of the safe (the information) rather than just on the safe in which those contents are stored (the computer). It should also convey to potential readers the impact of information communication technologies on the law, the increasing importance of telecommunications law and legal aspects of electronic commerce and the convergence between these fields and IT law.
The Law of Business Structures provides a comprehensive but simplified treatment of the different types of business structures in South African law. Partnerships, business trusts, close corporations and companies, whether large or small, whether profit-making or non-profit-making, are discussed. This includes modern corporate governance best practices and even an updated analysis of insider trading and market manipulation. The proposed new Companies Amendment Bill of 2021, which was published when this new edition was nearing completion, is also discussed wherever relevant. In the nine years since the publication of the first edition of The Law of Business Structures, there has been extensive judicial development of many provisions of the Companies Act 71 of 2008. This second edition has been updated to include a discussion and analysis of the leading cases on the subject. Much of the material on this subject, particularly company law, has been updated. The prime, original aim of keeping complex theoretical analysis and debate to a minimum has been retained. A highlight of this book is that legal doctrines and principles are expounded in a lucid and coherent way and stated, wherever possible, in simple terms.
South African Constitutional Law in Context (2nd Edition) offers a comprehensive, clear, and concise introduction to the study of South African constitutional law. Situated within a framework of historical, political, social and economic context, the text invites readers to discover the meaning, operation and effects of the South African Constitution, and to understand its critical importance and potential. The text balances an accurate description of the most authoritative interpretation of the constitutional text with a critical and enquiring approach, providing depth and diversity of perspective, and engaging readers in an interactive, topical and stimulating manner. The second edition is developed to ensure greater accessibility, clarity and depth of understanding. The work engages with the many developments, debates and issues that have emerged within the recent period, including discourse and debates relating to the merits of constitutional supremacy, transformative constitutionali sm, and constitutional protection of private property.
This criminal law casebook contains excerpts from the most important South African judgments on criminal law. Some shorter judgments are printed in full. Each case is preceded by a brief summary of the facts in the law followed by a note explaining the importance of the judgment. Afrikaans judgments are translated into English. The book also contains an introduction explaining the meanings of important concepts and expressions found in judgments. This is of great value to students who are inexperienced in reading judgments. The four previous editions of this casebook have proven to be an ideal and necessary aid in the study of criminal law.
Labour Relations in South Africa provides a thorough, engaging introduction to the science and practice of labour relations in South Africa. The fifth edition presents a more critical and reflective approach, engaging with the various issues, shifts, and seismic events which have impacted this dynamic field in recent years. The text's view is expanded to encompass a multi-faceted perspective, relating to business science, law, economics, and sociology, and to focus more specifically on the context and dynamics of a developing country.
Students will find this book invaluable in their study of Criminal Procedure. It introduces readers to the fundamental principles and values underlying this field of law and guides them systematically through the rules of procedure that apply in criminal cases.
Healthcare delivery in the 21st century has become increasingly complex and demanding . Clinical consultations frequently raise scientific, ethical and legal challenges. While scientific issues may be resolved using an evidence-based medicine (EBM) approach, ethical theory is needed to justify decision making in the face of ethical conflict. Medical ethics, law and human rights: a South African perspective provides the conceptual background and analytic skills necessary to assist with the resolution of ethical dilemmas encountered in the South African healthcare environment. Medical ethics, law and human rights: a South African perspective uses case studies to help the healthcare team to identify and analyse ethical, moral and value concepts, and to apply these to scenarios that they may encounter on a daily basis. Part 1 explores theories and principles of ethics (including African philosophy), introduces medical law, discusses health and human rights, and also makes the transition from theory to practice. Part 2 looks at specific topics in healthcare that raise challenges from an ethics perspective - HIV/AIDS, use of social media, euthanasia, human reproduction, genetics and genomics. In view of the increasing emphasis on ethical considerations in healthcare from the Health Professions Council of South Africa (HPCSA), coupled with the rising incidence of litigation in healthcare, Medical ethics, law and human rights: a South African perspective is essential reading for health science, law and philosophy students as well as practising healthcare professionals.
Get Your Will Right is a practical guide on what you should consider when drawing up your Will to reduce the cost of managing your estate. The book will guide you on how to structure your assets to minimise estate duty and will help your family with the process of finalising your estate, while highlighting the problems that could occur should your Will be lost or incorrectly completed. It also warns against the common practice of a terminally ill individual moving all the assets into the spouse’s name before death, as in the long run, this can cost the family R700 000 in estate duty. Get Your Will Right is an easy-to-understand guide that could save your family hundreds of thousands of rands upon your death and is based on the authors’ experience of managing over 300 deceased estates.
This new edition of Meyerowitz on Administration of Estates and their Taxation was necessitated by the large number of reported and unreported judgments relating to the law of succession, the administration of estates, and trust law that have been delivered since the last edition was published in 2010. Important statutes and statutory amendments have also been passed since 2010. These include the Reform of Customary Law of Succession and Regulation of Related Matters Act, which regulates customary succession matters. Judgments have also been delivered in relation thereto. The amendments to the Trust Property Control Act is also addressed. The calculation of income tax and capital gains tax, which has been materially altered by amendments to the Income Tax Act, is also addressed. Furthermore, the book also covers the Tax Administration Act, which has repealed numerous sections of the Estate Duty Act. A chapter on the maintenance of surviving spouses has been added, the chapter on curators has been revised, and the many Master’s Directives have been integrated into the content of the book. The examples of Liquidation and Distribution accounts have been revised and updated to accord with the latest legislative measures. Every effort has been made to make the book more user-friendly. Meyerowitz on Administration of Estates and their Taxation remains a comprehensive source of reference for both the practical and analytical sides of estate administration and the taxes relating thereto for attorneys, advocates, fiduciary practitioners, the judiciary, and the Master. Key Features
Labour Relations: A Southern African perspective is the eight editions of a text first published in 1989 under the title Labour Relations in South Africa. At that time, it was the first comprehensive textbook of its kind and was hailed as having reached the finishing line when others were still at the starting block. Since then continuous social, political and legislative developments, and the ever-changing labour relations scenario, have necessitated regular updates, as well as the more recent change to its title. Like its predecessors, this edition uses the labour ‘relationship’ as its starting point, guiding readers through the establishment of labour relations systems, the key participants and interactions involved and the legislation governing these interactions. It does this by using detailed practical examples, explanations and real-life cases where applicable. In various parts of this latest edition, the text touches on the Fourth Industrial Revolution, the nature of changes to come and the implications for the world of work
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 12th edition has been revised and supplemented to incorporate the latest case law, as well as the latest 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. This updated, comprehensive and reliable work is a convenient and indispensable guide to a complex and fascinating area of law. Workplace Law is also available in electronic form as part of Juta's Labour Library, where it is updated quarterly.
Scott on Cession: A Treatise on the Law in South Africa is a comprehensive exposition of the law of cession. Scott incorporates aspects of her doctoral thesis (1977), her previous book on cession, The Law of Cession, (1991) and her articles on cession that have been published in law journals. The book focuses on case law, but case law as a source of law in this branch of the law poses particular problems: some of the earlier decisions, and even recent ones, are based on Roman-Dutch law, which no longer completely satisfies current modern needs. To explain certain idiosyncrasies in the case law, Scott refers to the historical development of cession as a legal institution. The book also provides extensive commentary on certain problematic aspects of cession, using comparable legal systems, and incorporates the dogmatic foundations of the law of cession.
Labour Law in Context second edition offers comprehensive coverage of the key aspects of South African labour law. It is the ideal companion to support both students of law and non-law students throughout their studies. It is also suitable for anyone doing a short course in aspects of labour law, or for those who want to keep up-to-date with key labour law issues and rulings. The second edition is fully updated.
The text and features are revised and updated, to reflect relevant legal developments within the recent period. This second edition includes a new chapter which frames methods of truth verification within a multicultural context, drawing upon approaches to evidence presentation and dispute resolution within diverse societies. The text includes extensive new material that addresses the Electronic Communications and Transactions Act, 2002, and digital and computer-based forensic issues. Content relating to methods of scientific truth verification is expanded to reflect the rapid technological developments within this field. The text structure is adjusted to ensure greater coherence within the subject matter.Certain areas of content now reflect additional substance to support clear explanation and understanding.
Eric Morris’ Technique in Litigation has been of inestimable value to fledgling advocates and attorneys for four decades. The book is concerned with litigation in both the High Courts and the magistrates’ courts, and provides useful, practical guidance on all aspects of litigation. The sixth edition of Technique in Litigation has been substantially revised and updated, resulting in a book that still captures Morris’ humour and timeless wisdom, while at the same time being thoroughly topical and practical for the modern lawyer seeking to become a courtroom specialist. The book will be of value not only to young practitioners still learning the technique of litigation, but also to more experienced practitioners to verify and enhance their courtroom techniques.
In his first work of nonfiction since The Innocent Man, #1 bestselling author John Grisham and Centurion Ministries Founder Jim McCloskey share ten harrowing true stories of wrongful convictions. Impeccably researched and grippingly told, Framed offers an inside look at the victims of the United States criminal justice system In the aftermath of terrible crimes, the public demand immediate justice. Police and prosecutors rush to quickly close the case. But in Framed, John Grisham and Jim McCloskey unpick the reality. Ten wrongful conviction cases. Twenty-one innocent people. Ten stories with a truth more shocking than fiction. Joe Bryan suffered the unbearable tragedy of his wife's murder, only to be tried and found guilty of the crime himself - despite being 120 miles away at the time it was committed. Clarence Brandley spent nine years on Death Row, coming to within six days of execution, before new evidence cleared him of all charges. And in the case of the Norfolk Four, police and prosecutors continued to arrest innocent people until not one but four men were behind bars. Impeccably researched and told with page-turning conviction, in Framed, these cases are finally laid bare. John Grisham, the master of the legal thriller, teams up with Jim McCloskey, the founder of the first US organisation dedicated to exonerating innocent people, to tell ten gripping and shocking true stories that shine an astonishing light on miscarriages of justice. Framed is the story of how truth can prevail and how freedom can be won when all seems lost and the deck is stacked against you. All the cases in this book are simply extraordinary. And all are true.
Part of the Juta’s Property Law Library series, this new edition offers a comprehensive and authoritative discussion of all aspects of property law in South Africa. The 3rd edition reflects recent developments in case law and literature, and expands extensively on the new comparative sections which include asset forfeiture, constructive expropriation and the public-purpose requirement for expropriation. The author has won international acclaim for his work in the field.
Tax Law: An Introduction deals with the fundamentals of income tax in a practical and clear manner that makes this book an ideal tool for tax teachers. Written for students, this much-needed textbook simplifies complex concepts and avoids unnecessary jargon as it explains the key objectives and principles of taxation. The book sheds light on contemporary South African tax law and the most important tax cases. It covers the process of tax collection as well as the interpretation of tax legislation. Tax Law: An Introduction is intended to ease the teaching and understanding of an often-daunting subject.
George Bizos is one of a distinguished group of human rights lawyers who in the dark days of apartheid sought to uncover the state's role in eliminating its opponents. Some, like Biko, Timol and Aggett, were arrested and died in detention, while others, like Matthew Goniwe, were abducted and killed. As counsel for the families of the deceased, George Bizos was centrally involved in many of the inquests following these high-profile deaths. He is thus well placed to tell the story of the great courtroom dramas in which, with devastating skill, he and his colleagues pared away the tissue of lies protecting the security forces and the state functionaries—only to be rewarded with the invariable finding that there was 'no one to blame'.
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