Administrative Law in South Africa has been dramatically transformed over the past 14 years since the enactment of the interim Constitution in 1994. This has resulted in a flood of judgments in which the new administrative law has been considered. The large volume of cases and the ever-growing length of judgments make it increasingly difficult to cut through the thicket and zoom in on the core principles of this area of law as they emerge from the materials.

This book collects the key materials on administrative law in South Africa in a focused and organised manner. It is a comprehensive resource tool that will enable anyone encountering administrative law to access the principles of this field through the primary sources.

Among the selections the reader will find both the leading authorities on particular rules and the best illustrations of their application. Apart from the judgments, the book also contains the relevant statutory provisions such as extracts from the 1993 and 1996 Constitutions and the Promotion of Administrative Justice Act 3 of 2000.

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.

This work was first published in 1958 and this is its sixth edition. Generations of lawyers have relied on it as a source of reference in all areas of company law in South Africa. It offers a systematic overview of company law. Each topic is dealt with through an introductory text followed first by extracts from a wide-ranging selection of academic writings and then by case extracts.

Land Law and Governance: African Perspectives on Land Tenure and Title explores different ways of conceptualising secure land holding in Africa. The book brings together voices from different contexts, offering contrasting perspectives and methodological approaches. Land Law and Governance: African Perspectives on Land Tenure and Title also juxtaposes a range of political and academic viewpoints through theoretical discussions and case studies. The book thus opens up the discourse on forms of security of tenure in Africa, in a global context.

Contains articles written by 13 different contributors covering different aspects of dispute resolution. Topics covered include the psychology of mediation, environmental disputes in communities, specialized arbitration and mediation, and arbitration and mediation in the construction industry.

The issue of pre-trial release or bail remains an important topic in the criminal justice process. This is mainly because bail is concerned with one of the most important principles of justice, namely, individual freedom. The denial of release after arrest constitutes, without doubt, serious infraction to personal freedom. Thus, knowledge of the processes related to pre-trial release is important, not only to lawyers, but also to all who are interested in the right to freedom.

A Guide to Bail Applications second edition expands on some of the most important issues, case discussions and case excerpts related to bail applications. New information is also included which offers somewhat fresher perspectives to the material, without necessarily detracting from the general style, poise and content of the previous edition.

For introductory courses in Forensic Science and Crime Scene Investigation. This best-selling text, written for the non-scientist, is appropriate for a wide variety of students, including criminal justice, law enforcement, law, and more Criminalistics: An Introduction to Forensic Science, 11e, strives to make the technology of the modern crime laboratory clear and comprehensible to the non-scientist. The nature of physical evidence is defined, and the limitations that technology and current knowledge impose on its individualization and characterization are examined. By combining case stories with applicable technology, Criminalistics endeavors to capture the pulse and fervor of forensic science investigations. A major portion of the text centers on discussions of the common items of physical evidence encountered at crime scenes. These chapters include descriptions of forensic analysis, as well as updated techniques for the proper collection and preservation of evidence at crime scenes. Particular attention is paid to the meaning and role of probability in interpreting the evidential significance of scientifically evaluated evidence.Teaching and Learning Written by a well-known authority in forensic science, this text introduces the non-scientific student to the field of forensic science. It provides: * Clear and comprehensible writing for the non-scientific student: Makes text appropriate for a wide variety of students, including criminal justice, law enforcement, and more * Comprehensive, up-to-date coverage of forensics and its role in criminal investigation: Captures the pulse and intensity of forensic science investigations and the attention of the busiest student * Outstanding pedagogical features: Supports both teaching and learning

The centre for comparative laws in Africa held its inaugural methodology workshop from 22 to 24 October 2012. Over 40 scholars from various universities in South Africa, Africa, Europe and the United States of America participated in plenary and panel discussions around comparative law in cultural, interdisciplinary and subject context, Western legal traditions and mixed jurisdictions in African comparative legal studies, traditional and informal law in Africa, religious law in Africa and its comparative implications and the role of African comparative legal studies in the development of law in Africa. Comparative law in Africa: Methodologies and concepts is the outcome of the workshop. Its aim is to contextualise comparative legal studies in the African continent, with the ultimate goal of paving the way for the development of a comparative methodology specifically addressed to Africa. The studies presented in this volume offer different views and perspectives around the main theme of how to methodologically approach comparative legal studies in Africa, and how to properly take into consideration all the different layers composing the African legal systems, in order to give them the proper role and the proper place. The diverse background of the different contributors to this volume enriches its continental approach and offers a stimulating voice to African comparative legal scholars to continue their research.

Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions.

The Law of Divorce and Dissolution of Life Partnerships in South Africa is a comprehensive publication that provides a detailed exposition and analysis of the law relating to the termination of civil unions, civil marriages, customary marriages, Muslim marriages and Hindu marriages by divorce. The publication also offers an in-depth discussion and analysis of the law relating to the dissolution of life (domestic) partnerships. Written by a team of subject specialists, it provides a rich source of expertise. The book is divided into five parts. Part 1 focuses on the dissolution of civil marriages and civil unions by divorce. This part deals with the grounds for divorce, the personal and financial consequences of divorce, and the position of minor and dependent children of divorced or divorcing spouses or civil union partners. Part 2 focuses on all aspects of divorce in customary marriages, while Part 3 concerns divorce in Muslim marriages and Hindu marriages. Part 4 addresses all aspects relating to the dissolution of a life partnership. The final part of the book - Part 5 - considers issues that are of general application to divorce and the dissolution of life partnerships. These issues are domestic violence; jurisdiction, procedure, and costs; mediation and other forms of alternative dispute resolution; and conflict of laws.

Michael Sandel's Justice: What's the Right Thing to Do? invites readers of all ages and political persuasions on a journey of moral reflection, and shows how reasoned debate can illuminate our lives. Is it always wrong to lie? Should there be limits to personal freedom? Can killing sometimes be justified? Is the free market fair? What is the right thing to do? Questions like these are at the heart of our lives. In this acclaimed book Michael Sandel - BBC Reith Lecturer and the Harvard professor whose 'Justice' course has become world famous - gives us a lively and accessible introduction to the intersection of politics and philosophy. He helps us think our way through such hotly contested issues as equal rights, democracy, euthanasia, abortion and same-sex marriage, as well as the ethical dilemmas we face every day. 'One of the most popular teachers in the world' - Observer 'Enormously refreshing ... Michael Sandel transforms moral philosophy by putting it at the heart of civic debate' - New Statesman 'One of the world's most interesting political philosophers' - Guardian 'Spellbinding' - The Nation

The field of forensic investigation has grown significantly in South Africa over the past few years. This growth in the field is mostly due to the fact that investigations are now also undertaken by private and corporate bodies, and by government institutions other than the South African Police Service. The field of investigation has moved from being the sole domain of the police to including other role-players. The latest developments in the forensic investigation discipline are a result of the fact that forensic investigation is a continually evolving science. The new democratic dispensation also requires that all investigations must be conducted within the ambit of the Constitution.

The authors of Forensic Investigation: Legislative Principles and Investigative Practice aim to meet the needs of this field by examining how forensic investigations should be conducted in South Africa, with reference to local legislative principles and scientific processes.

Forensic Investigation: Legislative Principles and Investigative Practice commences by covering aspects such as the constitutional basis for public and private policing, the investigation process, and the characteristics of a good investigator. The book highlights the basic concepts of investigation and then proceeds to examine more sophisticated specialised aspects, such as medico-legal evidence, DNA, and policing in a cyber-world. The work also features more recent developments in the field, such as analysing the behaviour of offenders and the choices they make during the commission of crimes. These aspects are dealt with in relation to forensic geography and offender profiling.

Forensic Investigation: Legislative Principles and Investigative Practice takes the reader from the scene of the incident (the crime scene) to the courtroom, and from investigation to prosecution – all essential components of the investigative process. The book explores the significant role and conduct of an investigator, seeking to ensure that current and future generations of investigators are aware of the challenges and changes in the investigation of crimes, incidents and transgressions, and are also familiar with the prosecution processes that follow. This book will undoubtedly prove to be an invaluable and essential tool for all investigators.

Criminal justice social work - A South African practice framework is a text for those working with criminal offenders and victims of crime. It offers readers grounding in theory, research, practice and clinical expertise for practising effectively in the field of criminal justice. Readers are exposed to a wide range of methods, techniques and interventions situated in a uniquely South African practice framework for addressing criminal justice issues and challenges.

The 3rd edition of Farlam and Hathaway's popular case book on the law of contract builds an extensive series of notes, central materials and commentary upon its solid foundation of cases.

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.

Key Features:

• An accessibly written and structured exposition of the entire field of the law of unjustified enrichment
• Includes a full analysis of all the major developments of the last twenty years since the classic statement of this area of law by Wouter de Vos in his Verrykingsaanspreeklikheid in die Suid-Afrikaanse Reg (1987)
• Relevant to practice: Provides in-depth coverage of claims by and against banks; unjustified enrichment flowing from failed contracts; the rules surrounding the reclaim of improperly exacted tax; an analysis of each of the general elements of enrichment liability; the various defences available to fend off an enrichment claims
• Extensive use of the comparative method

Legal luminaries from around the world met at South Africa’s Constitutional Court to discuss the judiciary’s influence in effecting societal change, its relationship with the state and the marginalized and its role in breathing life into the rights to equality, free speech and life. Seminal human rights court cases that retain their relevance despite the passage of time, served as catalysts for reflection, recollection and discussion by some of the world’s leading jurists.

The first-hand accounts of some of those who had been involved in these cases lend poignancy and provide a unique insight into cases that have shaped human rights law.

This book presents fresh and inspiring perspectives on the canon of human rights law. The discussions – lively, engaging, responsive and open-ended – place cases in context while mapping their trajectories in society and across boundaries.

The second edition of this popular book, written by seasoned practitioners in this field, offers step-by-step guidance in dealing with disputes in the workplace.

Labour Dispute Resolution sets out the system provided in our law for resolving labour disputes, either in terms of the Labour Relations Act or by private dispute resolution. It guides employees, employers, trade unions and employers' organisations (and their representatives) through the various processes to be followed, and sets out the institutions to which particular disputes should be referred.

An important addition to the second edition is a new section on dispute resolution in the public sector.

An academic, legal text that places moral and political philosophy at the centre of certain legal debates. In this book, Professor Meyerson specifically investigates the "Limitation Clause" in the South African Constitution, a clause that leaves open the possibility of limits to the Bill of Rights and certain entrenched "freedoms". Through discussions regarding the Freedoms of Expression and Religion, this book aims to play a role in defining, expanding and challenging the South African Constitution.

This work, like its two predecessors, is divided into two parts. Part One sets out in a clearly understandable manner the main principles underlying the law of negotiable instruments. Part Two contains the text of the Bills of Exchange Act 34 of 1964 (as amended by Act 56 of 2000) and conveniently and methodically deals consecutively with each section accompanied by a detailed commentary thereon.

This book is the definitive guide to all aspects of this important part of International Trade Law. Relied upon by generations of students and practitioners alike, this market leading text is renowned for combining a critical, in-depth examination of all aspects of the law relating to the carriage of goods by sea.

This new title in the Juta’s Pocket Companions series will serve as an ideal companion to the Mine Health and Safety Act & Regulations Pocket Statute.

Understanding the Mine Health and Safety Act is derived from the highly regarded Commentary on the Mine Health & Safety Act by Masilo and Rautenbach, the leading South African work on this Act.

The book contains commentary on a variety of sections contained in the eight chapters of the Act, set out in a manner that ensures that discussions are accessible to all without sacrificing detail. All commentary is supported by footnotes containing further references as well as citation of relevant case law.

Contents Include:

• Objects of the Act
• Health and Safety at Mines
• Health and Safety Representatives and Committees
• Tripartite Institutions
• Inspectorate of Mine Health and Safety
• Minister’s Powers
• Legal Proceedings and Offences
• General Provisions Sections 96–106