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Books > Law > Laws of other jurisdictions & general law
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 he. 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, mediasie, dissiplinere 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 anderkant 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. Dr. Jopie Breed President: SAOU
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.
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.
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 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.
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).
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.
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.
This exciting and long-awaited text equips medical practitioners to deal with the legal issues they encounter in daily practice. Informative, relevant and up to date, The A-Z of medical law covers all recent changes to the law and legislation affecting the medical professions. As the only local book of this nature, it is sure to become an invaluable resource for practising medical and other healthcare professionals. Undergraduate and postgraduate medical students will also find it useful.
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)).
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.
This updated book provides a comprehensive exposition of the theoretical foundations and general principles of the South African law of unlawful competition and the most important forms of competitive excess recognised in our law. In addition, because the legal rules regulating the maintenance and promotion of competition may influence the law of unlawful competition, these have also been reviewed.
This book provides law enforcement officials with the essential legal knowledge and practical acumen needed for the performance of their duties.
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.
Contemporary Company Law has quickly established itself as a leading resource on South African company law for legal practitioners, company law specialists and academics. It has been increasingly relied on and referred to with approval by the High Courts, the Supreme Court of Appeal and the Constitutional Court. Contemporary Company Law is a comprehensive and advanced company law text. It is much more than a mere narrative of the Companies Act 71 of 2008 or of the decisions of the courts. Its approach is to expound, explain, or clarify the legal principles and statutory provisions. In writing this third edition, apart from updating the text to incorporate the extensive development of many of the provisions of the Companies Act and the leading cases on the subject, the rapid globalisation of company law has also been taken into account. This edition contains updated discussions on those foreign jurisdictions that have exerted a strong influence on moulding the Companies Act of 2008, such as US, English, Australian, Canadian and New Zealand law. The increased complexity of company law makes Contemporary Company Law even more useful for busy legal practitioners and judges seeking a ready and reliable insight into a particular aspect of company law.
McKenzie's law of building and engineering contracts and arbitration is an essential reference for those connected with the construction industry. It is the leading reference work dealing with South African contract law relating specifically to engineering and building contracts. This is the first book to explain the law applicable to the updated Joint Building Contracts Committee (JBCC) Principle Building Agreement (6th edition, 2014) and the Engineering General Conditions of Contract for Construction Works (2nd edition, 2010), which are both annexed to the book and extensively cross-referenced to assist the reader. The book also cross-references the relevant clauses of the FIDIC Contract Agreement (1999). Disputes arising out of building contracts are often referred to arbitration for solution. This work therefore deals with the effect of the Arbitration Act 42 of 1965 and the Association of Arbitrators Standard Procedure Rules, which are also reproduced as annexures in the book.
English 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 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.
This text focuses on guiding employers, managers, labour relations practitioners, trade unions and students alike in understanding and applying the provisions of South Africa's latest employment equity legislation - the Employment Equity Act 55 of 1998. Main features of the publication: detailed discussions on the practical implementation and application of the most important and relevant provisions of the Employment Equity Act; step-by-step, clear guidelines to help employers conduct the equity analysis, consult with the relevant stakeholders on the equity process and develop the employment equity plan and the equity report; a discussion of the Code of Good Practice for the preparation, implementation and monitoring of employment equity plans recently released by the government. Included is a reproduction of the Employment Equity Act 55 of 1998 and copies of all the relevant forms that employers are required to fill in and submit to the Director General - the Employment Equity Report, the Income Differential Statement, a statement about demographic data and a form detailing occupational levels and categories.
The Constitution informs every aspect of our legal system and every instance of interpretation and application of that system. The Bill of Rights Handbook’s detailed coverage of all aspects of Bill of Rights jurisprudence and practice has made it the standard reference work for this important area of law, and it has been extensively relied upon and quoted by the judiciary. The sixth edition of the Handbook is a comprehensive account of over two decades of jurisprudence interpreting and applying the Bill of Rights. The work has been thoroughly revised, in particular to cover developments in the areas of constitutional jurisdiction, remedies and socio-economic rights.
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.
Most planning degrees at South African universities include a compulsory course in planning law. This is usually the first time that planning students encounter law as a discipline. Planning students therefore need to familiarise themselves with sources such as the Constitution, legislation and court decisions. The Planning Law Casebook seeks to assist students in this regard. Understanding how to use, interpret and apply case law is perhaps the most difficult aspect of planning law. Part I of the Planning Law Casebook describes the different parts of a typical court case. Part II briefly explains how the Casebook should be used. Part III contains discussions and analyses of 18 key planning law cases, which reflect the different components of current planning law. Part IV is a glossary in which the relevant legal concepts and terminology are defined. Part V includes extracts from applicable legislation. Part VI provides examples of typical planning documents, such as a deed of transfer, a notice of the removal of a restrictive condition or rezoning, and a part of a schedule to a town planning scheme indicating one of the zoning categories.
Few professions are free of the need to understand accounting, least of all the legal profession. Legal finance is a category all on its own, because attorneys are expected to keep trust accounts for most of their clients, deal with conveyancing and understand the issues around shared accounts, whether at corporate or domestic level. Legal Accounting deals with the fundamentals of accounting, such as debits and credits and how income statements and balance sheets are created. The book also takes you through the transfer journal, bank reconciliations, VAT, correspondent accounts, accounting in conveyancing matters, legislation applying to attorneys’ accounting and partners’ capital accounts. Easy-to-understand examples clearly explain the principles involved. |
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