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Books > Varsity Textbooks > Legal Studies
The growing importance of this area of law both locally and internationally has prompted a number of local academics to pool their knowledge in compiling a book that not only deals with the core aspects of the law but also covers developing aspects that are drawing substantial attention both internationally and locally. This book makes a major contribution to the surveys of intellectual property that already exist.
Die sewende uitgawe van Deliktereg, wat gelyktydig met die Engelse weergawe hiervan verskyn, is in die geheel hersien en bygewerk in die lig van nuwe gesag en literatuur wat uit die aard van die saak soms 'n aanpassing van regsbeginsels of teoretiese standpunte meegebring het. In die besonder is aandag gegee aan die lewendige akademiese en regterlike debat wat sedert die vorige uitgawe oor die deliksbeginsels gevoer is, veral oor die verhouding tussen onregmatigheid, nalatigheid en juridiese kousaliteit.
Hoteliers, restaurateurs, licensees and catering managers will, in the course of their work, enter into many legal relationships with other parties whilst at the same time being required to adhere to all of the statutory laws that apply to their business. A sound knowledge of the law is therefore important to the professional owner or manager, as are knowledge of business management and the fundamental skills of the profession.
Jurisprudence – An Introduction is aimed at students about to embark on a course in jurisprudence, legal theory or legal philosophy. The author has analysed the various philosophies extensively, and has indicated the intensity of current jurisprudential debates in relation to South African law.
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.
Government Liability: South Africa And The Commonwealth is the first attempt to analyse in comparative terms the law of government liability and bureaucratic negligence in South Africa, England, Australia, Canada, and New Zealand. The book is structured around the three basic sources of action – constitutional, statutory and common law – through which an aggrieved person may obtain damages in South African courts for wrongful government conduct. In analysing the legal position in South Africa, the book draws extensively upon case law from the English, Australian, Canadian and New Zealand courts. The authors examine the impact of the Constitution on developments in the common law of public authority liability and government vicarious liability in South Africa, and link these developments to the changes that have taken place in Canada and England. The study also provides a comparative analysis of the correlation between fraud, bad faith and misfeasance in public office as grounds upon which damages can be awarded when constitutional and administrative justice rights are breached by public functionaries. Government Liability: South Africa And The Commonwealth also investigates the century-old question of holding the employer, in this instance, the public employer, vicariously liable for the illegal acts of its servants. The book tackles the problematic issue of quantum of damages in public law in a thorough and comparative manner, not hitherto attempted in the Commonwealth.
Since 1994, a stream of national and provincial education laws and policies has altered the landscape of South African schooling dramatically - replacing the discriminatory and fragmented legal framework under apartheid with a uniform system aimed at making the constitutional right to education a reality for the people of South Africa. Schools and the Law describes and explains the current legal framework governing our schools. It addresses the key legal and policy instruments affecting schools and covers the growing body of case law on schools and education. The title includes the text of the core laws and policy instruments governing school education.
In 1994, Malawi adopted an unusually progressive Constitution, unprecedented in the country's political and constitutional history. 'Human Rights under the Malawian Constitution' takes stock of the human rights jurisprudence generated by the new Constitution and the new judiciary in Malawi over the past sixteen years. The book examines the largely unreported Malawian cases and legislation and systematically analyses them with a view to constructing a coherent corpus of human rights jurisprudence, which is essential to consolidating democracy, establishing the foundation for the rule of law and ushering in an era of accelerated development in Malawi. The author draws on a wealth of international and comparative jurisprudence, including that from other African countries, without detracting from the main objective of constructing a Malawian brand of jurisprudence. Ultimately the book reveals that it is possible for human rights to grow even in underdeveloped countries. 'Human Rights under the Malawian Constitution' is intended for use by judges, lawyers, legal scholars, students, civil society, law reform officers, human rights institutions and comparative law scholars. _______________________________________________ Danwood Mzikenge Chirwa is Associate Professor of Law and Head of the Department of Public Law at the University of Cape Town. He has published widely in the fields of constitutional and human rights law. _______________________________________________ ' This book] makes a significant contribution to African constitutional law. The author has engaged in a careful and systematic treatment of all of the clauses contained in Malawi's Bill of Rights, as well as the jurisprudence which has been developed by its courts over the past 16 years .... Accordingly, this is a work which anyone who wishes to engage in African constitutional law in general and Malawian law in particular will be required to use as a major source of reference.' Dennis Davis, Judge of the High Court of South Africa; Honorary Professor of Law, University of Cape Town ' This book] fills a gap in the literature of human rights in the region with its excellent examination of the Malawian provisions. It is well written and will appeal to a wider readership than Malawi.' Boyce Wanda, Professor of Law, University of Fort Hare
For more than a decade, South Africans have been advocating a reform of the country’s laws on sexual offences. South Africa has one of the highest levels of reported rape in the world, and legislative reform was seen as an essential step towards shifting the understanding of rape and its treatment within the criminal justice system. Since 1996 the activism has focused on the South African Law Reform Commission’s investigation into sexual offences, and the parliamentary process, which culminated at the end of 2007 in the Criminal Law (Sexual Offences and Related Matters) Amendment Act. Many of the authors of Should We Consent? were involved in substantive legal submissions, research and legislative drafting and promoting changes to the law to provide rape victims with effective redress and protection. Drawing on a body of empirical, social and legal scholarship, this unique text charts the critical social and legal debates and jurisprudential developments that took place during the rape law reform process. This book also provides important insights into the engagement of civil society with law reform and includes thoughtful and contemporary discussions on topics such as ‘defining’ rape, HIV, sexual offences against children and sentencing of sexual offenders.
Hierdie is die vyfde uitgawe van die boek wat vir die eerste keer in 1992 as 'n relatief bondige teks, spesifiek gemik op studente in die erfreg, verskyn het. Die boek het egter deur sy opeenvolgende uitgawes tot 'n meer algemene bron vir die Suid-Afrikaanse erfreg ontwikkel. Tog is dit deur sy aanslag, aanbiedingswyse en sistematiek steeds ideaal om ook as handboek in erfregkursusse gebruik te word. Die huidige weergawe poog weereens om aan die leser 'n omvattende oorsig oor die verskillende fasette van die erfreg te gee, met inagneming van die jongste ontwikkelings wat hierdie regsgebied beinvloed het.
This publication addresses the legal aspects specifically relevant to police officials. It states, interprets and applies the most general legal principles in the fields of criminal law and criminal procedure (mainly the pre-trial process), and some basic principles of the law of evidence. There is a constant emphasis on the influence of human rights on these fields of law, and especially on policing powers. Academics, practitioners, justice and police officials collaborated in producing a book that is not only theoretically sound, but also of great practical value.
Occupational Safety and Health (OSH) in the workplace is not only a strategic priority in terms of moral or social responsibility, it is also an obligation regulated and governed by law. A well-designed manufacturing process (the operations system) must be both productive and safe, without potential physical, emotional and mental health risks. OSH management has become a very complex multi-functional science within operations management and total quality management (TQM). It focuses on a non-legalistic approach whereby the organisational culture fosters spontaneous OSH and a high quality of work life. This is done by using a TQM approach, based on a functional TQM model.
This work is concerned with the land reform programme which is a central aspect of the political and social reform agenda of democratic South Africa. After a concise general survey of the history of discriminatory landholding, comprehensive chapters on registration, prescription and alternative forms of title establish the relevant property law context.
This book introduces students to the general principles of contract law with specific application to South Africa. It integrates the common law, statutory law and constitutional perspectives. The text supports learning and the development of independent academic skills through various learning features. This edition includes a full new chapter addressing the Consumer Protection Act 68 of 2008.
This work is an introductory guide for students of labour relations and managerial studies. This edition retains explanations of the procedures and processes encountered in this field, including parties to an employment-relations system, individual and
This book provides healthcare and legal practitioners and students at all levels with the theory and practical application necessary to understand and apply bioethics, human rights and health law to their present and future work. The topics of bioethics, human rights and health law are part of the core curriculum for all students in Health Sciences in South Africa. Bioethics, Health Law and Human Rights: Principles and Practice, therefore, comes at no better time. As the book is a guide, it does not deal exhaustively with the topics discussed. Instead, it aims to give healthcare and legal practitioners some general guidelines which it is hoped will be of practical use to them.
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