Refugee Law in South Africa cutlines the existing law relating to refugees as reflected in South African legislation and its growing body of refugee law jurisprudence as at 2022, while also paying heed to relevant international law, which remains central to today’s regime of international refugee protection and international jurisprudence.

The topics covered in Refugee Law in South Africa include a detailed analysis of the refugee definition in South African law, the process of applying for refugee status determination, and the rights of refugees and asylum seekers.

The book examines how immigration law and refugee law in South Africa can be reconciled and concludes with durable solutions for refugees in South Africa.

This collection aims not only at honouring Lourens du Plessis in the traditional Festschrift style, but also to engage with his thinking, critically or otherwise, and to reflect on how his thinking can be applied to different areas of the law.

This book contains tributes to Professor Johann Neethling, as well as essays on areas of the law in which he worked.

The essays in this volume disseminate original research by recognised scholars on a wide array of disciplines in which Professor Neethling has an interest.

An introduction to Family Law in Zambia is an instrumental addition to the texts on Family Law in Zambia, it discusses key legislative reforms including the Children’s Code Act, the Anti-Gender Based Violence Act, the Matrimonial Causes Act of Zambia and the Marriage (Amendment) Act of Zambia. The book further discusses key Supreme Court decisions that have immensely transformed the field of family law. An introduction to Family Law in Zambia thus provides a comprehensive, up-to-date and reliable guide for students and law practitioners.

The book is designed to equip undergraduate students and students preparing for the legal practitioner’s qualifying exam with necessary knowledge required for family law practice. The book incorporates chapter summaries and provides a guide on approaching questions on family law to reinforce student learning

Drawing on a rich and diverse legal heritage, Unjustified Enrichment provides a comprehensive and clearly structured exposition and an in-depth evaluation of the South African law of unjustified enrichment.

The book analyses each of the general elements of enrichment liability, and suggests a manageable way of dealing with the intractable problems that arise in the context of indirect or multi-party enrichment.

A Practical Guide for Legal Support Staff provides basic information about various aspects which legal secretaries, legal support staff, paralegals and candidate attorneys will encounter in carrying out their duties in a law firm or similar environment. While being an easy-to-read and user-friendly textbook, the emphasis is placed on acquiring the necessary practice management skills. It includes practical examples of the various forms required for different processes and documents.

Content

• The legal profession
• The attorney’s office
• Communication
• Accounts
• The South African judiciary
• Civil court documents and procedures
• Debt collections
• Administration of estates
• Legal instruments
• Notarial documents
• Conveyancing
• Annexures: Practical examples of the various forms required for different processes

Labour Law in Context offers comprehensive coverage of the key aspects of South African labour law. It is the ideal companion to support 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.

Features:

• Relevant South African labour law scenarios at the beginning of each chapter that are being revisited after students have worked through each chapter;
• Case notes for all sections for students to acquire the practical application of the law;
• Accessible, up-to-date content

Denis Cowen (1917-2007) is renowned for his work on negotiable instruments. Selected Essays presents readers with other facets of his life's work. His seminal essays and articles helped define areas of law such as constitutional law, environmental law, law of property and statutory interpretation. As a public intellectual in the liberal tradition, he spoke with great timeliness, insight and insistence, during apartheid, about the need for a court-enforceable bill of rights, academic freedom and pre-publication censorship.

Cowen on Law: Selected Essays spans more than 50 years of his lively, contentious and beautifully constructed texts. Leading legal thinkers introduce newly-accessible texts and provide us with a contemporary, evaluative lens. The book reveals to readers a fascinating mind. It also serves as an engrossing reflection on South Africa's legal past as well as the intersection of law and society.

The motivation for this particular law of obligations is the notion that the core assumptions of the dogmatic structure of each field, and of the law of obligations as a whole, can be expected to begin to show their imperfections more clearly the further one moves from the centre, and that this kind of examination affords an opportunity to reassess both the current premises in each field as well as the overall structure of obligations.

Understanding Land Tenure Law contains a commentary on land tenure law in South Africa together with the three key pieces of legislation: the Land Reform (Labour Tenants) Act, the Extension of Security of Tenure Act and the Prevention of Illegal Eviction from Unlawful Occupation of Land Act.

The text explains key definitions in the law and provides useful, practical guidelines on land rights disputes. Understanding Land Tenure Law also sets out the nature and scope of legal protection available to occupiers of land and labour tenants, with a section on access to the courts, including the Land Claims Court.

This book was developed by Cheadle, Thomson and Haysom Inc under the auspices of the Department of Land Affairs' Legal Services Project of the Land Rights Management Facility.

The third edition of Bail provides a critical discussion of past and current bail law, including the impact of the Constitution on statutory interpretation and practice.

Where the law remains unclear – often as a result of divergent High Court decisions – the author provides guidelines to the practitioner and the lower courts alike. He makes concrete suggestions, where necessary, on the application of the law in a setting where tension between the liberty of the individual and the troubling crime rate calls for a measured and practical approach.

This edition features extensive quotations from the authorities, with English translations of Afrikaans judgments. The book also includes an invaluable ‘Quickfinder’ section in which the most important bail procedures are set out in a clear, concise and easily accessible format. Notice of motion templates are also provided.

In this, the third edition of Bail, the author provides a critical discussion of past and current bail law, including the impact of the Constitution on statutory interpretation and practice.

Women’s security in political, economic and social terms is directly linked to the pervasive problem of violence against women. Violence Against Women: Law, Policy and Practice seeks to understand this particular form of human rights violation, by situating violence against women in its historical, political, socio-economic and legal context in South Africa.

Whether in the private or public spheres, violence against women prevents women from realising a broad range of human rights that are central to full, inclusive and participatory citizenship. The authors of this volume reflect on the many forms of violence against women, the applicable laws and policies, and the challenges to effectively responding to this widespread violation of human rights.

Their contributions consider the role of law, policy and practice in relation to a broad range of themes including sexual violence, violence against women at the margins of systems and societies, and the impact on those who are working to defeat violence against women, whether as activists, practitioners or scholars.

This casebook provides undergraduate students with property law cases and materials accompanied by insightful and critical commentary.

The layout and structure of case reports and legislation are discussed and explained, and students are provided with practical hints and advice regarding the reading of cases and legislation. One case is reproduced in full and used as an example of how cases should be read and analysed. Other cases are reproduced selectively to allow students to develop and exercise their skills in the reading and analysis of cases.

The ninth edition (2021) was updated with case law up to December 2020. In view of financial considerations, the decision was made to produce this edition in English only. In some instances, cases which were discussed in some detail in the eighth edition of the Introduction to the Law of Property were not discussed again in the Casebook, since the idea is that these two books should be used together. We, therefore, approached the updating of the Introduction and the Casebook as one integrated project instead of two separate books. Under its new authorship, it was also decided to provide unofficial translations of the Afrikaans decisions to make some landmark/important law of property cases accessible to a greater number of students. These translations are in no way meant to be quoted in any official capacity. It was merely translated for the benefit and use of students.

It was also decided to expand Part 6 and to include relevant legislation that is dealt with frequently in the law of property. The addition of this legislation would be specifically helpful to students when studying some aspects of the work.

The Law of Evidence in South Africa, Third Edition offers a clear, concise, and applied introduction to the principles governing the law of evidence in South Africa, including the verification of truth within customary law contexts.

This third edition is revised and updated to reflect key legal developments that have emerged since the publication of the previous edition. It also provides insightful analysis of the evolving technological landscape and its implications for evidentiary principles and practice.

Structured to promote clarity and comprehension, the text presents content in a logical sequence that supports both learning and application. A conceptual and inquiry-based approach encourages independent, critical, and reflective engagement with the subject matter.

The Constitutional Law Casebook consists of approximately fifty case extracts from significant judgments handed down by South African courts. The majority of the cases discussed are decisions of the Constitutional Court, although some extracts are from significant decisions of the Supreme Court of Appeal.

The cases are considered under separate themes, for example, separation of powers, equality, property etc. The extract selected from each case traces the development of the principles applicable to each particular category.

An introductory question on the legal issues introduces each case discussion. This is followed by a brief description of the factual background and the legal history of the case. The key legal issues to be determined by the Court are then identified. An extract of the relevant paragraphs of the decision itself follows, tracing the Court’s ratio decidendi in answering the introductory question. The order is quoted as well, where it provides a useful confirmation of the ratio decidendi.

Three to five questions for students follow each case extract. These are intended to spark debate around the issues raised in the judgment, to test comprehension of the decision and to encourage a deeper reflection on these issues. The questions may be used to initiate class discussions, or as essay topics for students.

The Companies Act 71 of 2008, as amended, has created a new corporate law regime for South Africa that poses exceptional challenges to practitioners, who have to interpret and apply concepts, principles and rules borrowed from other jurisdictions even before they have been tested or pronounced upon by our courts. Corporate law for commerce students is a comprehensive yet basic guide to the structure and fundamentals of the new company dispensation.

Corporate law for commerce students provides a brief, clear and especially practical overview of the law of business entities. It covers partnerships, companies, close corporations, business trusts and cooperative societies, each of which carries different rights and obligations, and ultimately liabilities, for the entrepreneur. It discusses all of these within the framework of the new Companies Act, the common law, and recent court judgments and the King IV report. It includes figures, tables and mind maps to clarify each topic, and provides assessments at the end of each chapter.

Contents include the following:

• How to choose the right option for a specific business
• The partnership concept, the business trust and the establishment of legal personality, companies and cooperatives
• Compliance, transparency, accountability and governance
• Securities, debt instruments and public offers
• Directors, shareholders and company meetings, fundamental transactions, takeovers and offers
• Business rescue and compromise with creditors
• Termination and dissolution

Corporate law for commerce students is aimed at students studying commercial law, business entities or corporate law subjects as well as practising accountants, auditors, company secretaries and paralegal practitioners.

The transitional shift towards digital marketing has led to an increasing interest in digital tools and their ability to drive strategic goals. Part of the most commonly used digital marketing tools is email marketing. For this reason, email marketing is an area that needs to be explored with some depth. Email marketing within the context of this textbook delves into the ways in which companies engage with audiences and develop customer relationships in line with marketing objectives. Email Marketing: An Essential Guide, is intended to shed light on the potential of email marketing from a practical and strategic perspective.

Legal language, or ‘legalese’ as it is sometimes called, is a language that many people find hard to understand. This is because some of the words and phrases that lawyers and other legal experts use do not form part of regular everyday communication. However, when these experts speak and write using unfamiliar language it is often because they have to: ‘ordinary’ language cannot properly or accurately describe the often complex concepts and issues involved.

This dictionary bridges the gap between the world of everyday language and the world of legal language. Users can access over 20 000 legal words, each of which is explained in plain English for the benefit of people without a legal background, as well as legal practitioners, law students and other members of the legal profession.

The dictionary deals with the areas of criminal law, criminal procedural law and law of evidence, and is aimed at familiarising users with the use of legal language in a number of settings, including the courtroom. A bilingual publication, this English–Afrikaans / Afrikaans–English dictionary also contains a useful list of Latin terms and phrases, together with explanatory notes, as a centre insert. Synonyms, homonyms and polysemes are identified and explained, and the dictionary provides guidance on the use of abbreviations and how to cross-reference lemmas (headwords).

Principles of Delict serves as a practical first port of call to the South African law of delict.

The Fourth Edition surveys cases since 2005, presents a comprehensive overview of developments in the law and illustrates how the Constitutional Court and the Supreme Court of Appeal, especially, have shaped traditional principles to coincide with modern human rights values.

It follows the LAWSA format of focusing primarily on case law and extracting therefrom general principles that may guide those who advise on and apply the law of delict.

Practical Drafting Skills focuses on skills transfer to draft papers without relying on a precedent.

Practical Drafting Skills is the ideal guide for law students, pupil advocates, candidate attorneys as well as those professionals seeking to enhance their drafting skills, turn instructions into a cause of action or defence, and draft effective pleadings that are clearly understood and effectively serve their clients. The book is illustrated by case studies and includes chapters on logical thinking and plain language writing.

The light and entertaining style, combined with detailed practical steps and explanations, enables the reader to easily acquire a thorough understanding of drafting. This book is a must-have for all legal practitioners.

The law of Expropriation has been changed by the Constitution in important respects, including the circumstances in which Expropriation may be used for land reform, and the measure of compensation. It will feature prominently in South Africa's land reform programme, and is considered in the first eight chapters of the book. Three chapters are devoted to the acquisition of rights by labour tenants under the Land Reform (Labour Tenants) Act. The restitution of land rights, under the Restitution of Land Rights Act, to people deprived of, or prevented from owning land, by racially discriminatory laws or practices after 1913, is given detailed analysis. Acquisition of rights by ways of necessity and prescription are each dealt with in separate chapters.

This guide on the do’s and don’ts of flying a civilian drone legally is intended for:

• Drone enthusiasts who want to fly drones privately, but don’t know what is legal and what is not.
• Aspiring commercial drone pilots who want to find out more about licences.
•  Lawyers who need to understand drone regulations.
• Operators, especially those who want to get into surveying, photography and film, and security.

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 Law & Practice Of Interdicts is the successor to Interlocutory Interdicts (1993) by the same author. This publication serves as a comprehensive resource book on interdicts and consists of two parts.

Part A, “The Requirements of the Law of Interdict”, is an updated and expanded version of Interlocutory Interdicts. It deals with the nature, history and development of interdictal applications in South Africa, including a useful comparison of the English and South African law on the subject.

Part B, “Practice” consists of eight chapters dealing with the procedure; the court’s discretion; urgency; jurisdiction; locus standi; the discharge, referral and variation of interdictory orders; appeals and costs.

The ABC of Conveyancing deals with all aspects of conveyancing without presupposing a previous knowledge of conveyancing. The existing material has been updated to reflect the law and conveyancing practice as at December 2024.

The book is widely used by practitioners and paralegals, as well as by the Law Society of South Africa's LEAD education programme. The text also forms the basis of the Black Conveyancers Association's training for paralegals in conveyancing, and for the latter's recent application to SASSETA for approval of a credit-bearing course for the training of conveyancing paralegals.

The textbook is also used as the prescribed course notes for the South African Law School's programme for Conveyancing.

Content

INTRODUCTION
1 Understanding what conveyancing is about
2 Understanding the concepts immovable property, ownership and real rights
3 The different faces of property ownership: Freehold, leasehold, sectional titles, and others
4 Introduction to sectional titles
5 Sectional titles: How the components of a scheme fit together
6 The South African Deeds Registration System: An introduction
7 The diagram: Foundation of the land registration system
8 The deeds office, the conveyancer and the conveyancing paralegal
9 What is the law and where does it fit in?
10 The law relating to conveyancing: Legislation and other sources of law

TRANSFERS
11 The transfer process: An overview
12 Role-players in the transfer process
13 Phase 1: Receiving and processing the transfer instruction
14 Agreements: Terminology, legal principles and practice
15 The clauses one may expect in the agreement relating to a sale of property
16 Extracting conveyancing-relevant information from the agreement of sale
17 The checklist in the transfer file, deeds office print-outs and deeds searches
18 The Financial Intelligence Centre Act and its implications for conveyancing transactions
19 Phase 2: Communicating with the role-players at the outset of the transfer
20 The legal nature of clients: Ability of natural persons and legal persons to contract and perform juristic acts
21 Marriage law and conveyancing: An overview
22 Marriage in community of property
23 Introduction to entities
24 Companies
25 Close corporations
26 Trusts
27 Partnerships
28 Obtaining accurate information and reliable documents from clients: An introduction
29 Information and documents required from natural persons
30 Information and documents required from companies, close corporations, trusts and partnerships
31 Phase 3: Collecting information and documents, monitoring and reporting
32 Phase 4: Drafting and signing of transfer documents
33 Phase 5: Managing the finances in the transfer file
34 Phase 6: Transfer duty and VAT; obtaining a transfer duty receipt or exemption certificate from SARS
35 Phase 7: Rates/levy clearance, HOA consent and compliance certificates
36 Phases 8, 9 & 10: Preparing for lodgment, lodgment and registration

MORTGAGE BONDS
37 Introduction to mortgage bonds
38 Different types of mortgage bonds: Context and categories explained
39 Steps in the mortgage bond registration process: Phases 1, 2 and 3
40 Steps in the process of bond registration: Phase 4 Ð drafting of bond documents
41 The final steps in the bond registration process: Phases 5 to 10 - Finances, preparing for lodgment, lodgment, registration and winding up the file

MORTGAGE BOND CANCELLATIONS
42 Cancellation of mortgage bonds

CONSUMER PROTECTION
43 Consumer Protection Act

CONSUMER CREDIT
44 Brief summary of the National Credit Act from a conveyancing perspective

JOINT ESTATES
45 Section 45 endorsements and Section 57 substitutions

Precedents
Annexures
Index