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Books > Law > Laws of other jurisdictions & general law
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.
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.
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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.
Administrative Justice in South Africa: An Introduction offers a clear, comprehensive and practical explanation of administrative justice in South Africa, and includes discussion of the important process of judicial review. Practical in its approach, the text provides valuable focus on the application of principles to case law, problem-solving methodology, and specific procedural aspects of administrative justice. The text offers a clear pedagogical framework which develops independent, critical and reflective engagement with the subject matter. A strong conceptual and enquiring approach enriches knowledge, and engages readers in an interactive, topical and challenging manner. Additional educational resources support teaching, further assisting students to develop the academic skills required to master their studies. Administrative Justice in South Africa: An Introduction is suited as core course material for students who are studying administrative law as a module of the LLB degree. It is also a useful resource for legal practitioners who may wish to engage with foundational and current principles of the field.
The South African Law of Evidence is the authoritative and comprehensive guide to the law of evidence in South Africa, combining the received wisdom of the past with the imperatives of the 1996 Constitution, and includes more in-depth discussion of such topics as hearsay, admissions and confessions, and privilege. Constitutional jurisprudence and extensive use of comparative international case-law and literature broaden your understanding of the theory underpinning the nature and problem of proof plus this 3rd edition is more up-to-date and comprehensive.
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.
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
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:
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.
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 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.
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.
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.
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.
This work is aimed at non-law students and covers legal issues normally relevant for such students. This work is the English rendition of Besigheidsreg. Like its Afrikaans counterpart, it is aimed at non-law students and owes its existence to the need for a less comprehensive and affordable students' handbook dealing with all the legal issues normally relevant for such students.
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.
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.
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.
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)).
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.
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.
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