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.

The book is divided into two volumes.

Volume 1 deals with the concepts, principles and procedures of financial accounting. Volume 2 (suitable for NQF level 6) deals with accounting for partnerships, close corporations, branches and manufacturing entities.

This edition of Cession for Students is an update with some new cases added and a more user-friendly format. The book is a useful tool for both students and practitioners in mastering this complicated subject.

Cession for Students is divided into three sections: the substantive law of cession, case study questions and a short introduction to the drafting of cession documents. The first section is for examination purposes, the second to test insight and practical knowledge and the third serves as a practical aid.

Contents Include:

• Substantive law of cession
• Questions and answers
• Case studies
• Examples of drafting cession documents

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.

Business Transactions Law, now in its ninth edition, addresses fundamental questions about business transactions: When is a transaction recognised as binding at law? If a transaction is binding, what is its legal effect? Are there any circumstances in which a party is excused from carrying out his side of a transaction? What legal redress does a party have if his opposite number fails without excuse to do what he has promised in terms of the transaction? Apart from this redress, are there any other legal means available to a party to ensure that he receives what he has been promised by the other party? Finally, what is the position if a party, due to financial difficulties, is unable to carry out or complete his side of the transaction? The objective, as with previous editions, is to meet the needs of students and others taking their first steps in the complex field of business transactions law. The aim is also to cover a significant part of the syllabus recommended by the South African Institute of Chartered Accountants. New legislation and case law are included in the ninth edition. The chapters on Interpretation and Credit Agreements have been re-written and other chapters have been revised wherever necessary to reflect legislative changes or developments in the case law. The ninth edition of Business Transactions Law has approximately 200 new case summaries in total.

Crime scene investigation is a practical book dealing with the management, investigation, and control and processing of crime scenes, or scenes of incident, as they are now called. The book explains the important principles of continuity of possession and the importance of preventing contamination of the scene and evidence. It also focuses on the roles of experts and aids who can help investigating officers to solve complex and varied crimes. The book pays particular attention to the administrative process involved in the handling of evidence. This includes: The responsibilities of the investigating officer who has to deal with the incident; The various ways in which a scene of incident can be documented; The handling of people who may be present at the scene; The proper identification, collection, packaging and dispatch of evidence. Two of the unique features of the book is the introduction and explanation of a new investigation principle, namely the Lochner principle, and a new search method, namely the Lochner/Zinn search method.

This book comprehensively, yet succinctly, covers the use and administration of trusts in South Africa. It also serves as a useful reference to more detailed texts on the subject as well as to case law. Whilst the Trust Property Control Act 57 of 1988 sets out the minimum requirements when it comes to the formation and administration of trusts, other statutes (including the Income Tax Act, the Estate Duty Act, and the Alienation of Land Act) also have a direct bearing on how trusts are formed, administered, amended and terminated. Moreover, the common law has been a major factor in the development of trust law in South Africa. This book therefore not only deals with the legislation that is relevant to trusts, but it highlights and discusses the case law which has been an essential part of the development of the law of trusts.

This publication is a compilation of authoritative judgments and legislative provisions illustrating the basic principles of the law of damages. It is intended to provide students and practitioners with easy access to important authorities in the field of damages. The extracts from selected judgments have been arranged systematically and provided with summaries, marginal notes and cross-references. Since this casebook is intended to complement Law of Damages, the notes contain cross-references to the discussion and evaluation of the relevant principles in the latter work. There are also references to other academic comment as well as to case law.

From 1 May 2011 company law in South Africa was dramatically altered: the 1973 Act which had governed companies for the life-times of most business people and lawyers in South Africa was replaced by the Companies Act of 2008, as amended in March 2011.

A new era of company law dawned, and with it a host of new concepts, rights, remedies, obligations, procedures and sanctions were introduced. These fundamentally affect the way that every business operates and the advice and practice of every lawyer, accountant or other professional adviser.

This title, the first to cover the new Act and the new regulations, provides the hand-holding, the insight, and the understanding that business and their advisers require in order not to be wrong-footed by the new regime.

The first edition of The Building Contract by the late Eyvind Finsen was published in 1999 and followed on the 1991 publication of The New Building Contract. The earlier book was an introduction to the new Joint Buildings Contract Committee (JBCC) contract documents, whereas the later book provided commentary on the JBCC building agreements, which by then were widely used in the construction industry.

This third edition, now named Finsen’s The Building Contract, has been revised and updated. It covers the latest Principal Building Agreement (PBA) and the Nominated/Selected Subcontract Agreement (NSSA), as well as the Minor Works Agreement (MWA), and the various contract data documents and the associated forms and certificates that are used with these agreements. The Construction Industry Development Board (CIDB) has agreed that South African organs of state may use the private sector agreement. Accordingly, this agreement has been amended in consultation with the National Department of Public Works to cater for certain of the State’s requirements.

Finsen’s book is widely recognised as a reference work in the construction industry. This updated edition will be of significant value to building professionals as well as to client bodies, attorneys and advocates who specialise in resolving construction disputes. It is also intended for students who aim to enter these fields. This book aims to equip its readers with the knowledge needed to avoid contractual disputes.

'n Inleidende werk wat die grondslag vestig vir eerstejaar studente.

Sectional Titles and Other Fragmented Property Schemes aims to describe the different forms of urban fragmented property schemes introduced by legislation. Therefore, the functioning of the management bodies of such schemes and the nature and effect of management and conduct rules are emphasised to indicate to what extent the idea of urban fragmented property holding has changed the property concept in the new constitutional dispensation in South Africa.

Relevant case law, new legislative developments, especially the amended Sectional Titles Act 95 of 1986, the Sectional Titles Schemes Management Act 8 of 2011, the Community Schemes Ombud Service Act 9 of 2011 and the Companies Act 71 of 2008, are discussed comprehensively to indicate how fragmented property schemes are governed and how disputes regarding use rights of individual sections and the common property of such schemes are solved.

Juta’s Property Law Library is aimed at revisiting and reassessing the whole of South African property law, which includes uncodified common law that is mostly embodied in case law, academic writing and legislation, to establish:

• how each aspect of property law was influenced by apartheid law;
• its response to the new constitutional dispensation (including land reform), and;
• whether it can make a contribution towards the transformation of South African law and society.

For this purpose, Juta’s Property Law Library will eventually consist of a number of monographs, each of which is focused on a specific aspect of property law.

Information Systems In A Business Environment is an introduction to the theory of computerised information systems as seen from a business perspective.

Lawyers must be able to do research and should be able to do it well in order to honour their obligations, be those obligations commercial, in the field of criminal justice, constitutional, judicial or academic. Yet much confusion surrounds the nature of research, the need for lawyers and law students to undertake research projects, the requirements for the dissemination of the results, and their impact on policy and practice. Why is legal research needed? What does it entail? Where should one begin? What methods are used for legal research? What are the ethical issues involved? How does one go about publishing the results of one’s research in law, and which are the appropriate publication platforms? How should the quality of legal research be judged?

Legal Research: Purpose, Planning and Publication seeks to begin answering these questions, to introduce law students to legal research, and perhaps even to open up some new perspectives for those in the legal community who wish to sharpen their research skills.

The guidelines and views in Legal Research are not offered as hard doctrine, but rather as a route map for a journey of discovery, in the course of which readers may develop their own approach to the production of valuable legal research results.

Legal Research provides an introduction to ease the way of legal researchers, especially those with little expertise and experience, and perhaps to open a debate among the more experienced lawyers, who have not yet given much thought to the matter, about developing and improving our understanding of legal research in South Africa.

A book that requires no introduction, Caney’s The Law of Suretyship has, for over 70 years, been an authoritative reference work for the law of suretyship in South Africa. The 6th edition incorporates significant developments since the last edition in 2002, a period in which South African courts have been very busy in this area of the law.

This latest edition once again ensures that the treatment of its subject matter is most comprehensive, whilst remaining accessible to non-specialists.

The Law of Suretyship contains three parts, each dealing with different stages in the life of a contract of surety, namely: the nature, formation and operation of the contract; the rights of the surety; and the release of the surety. Each part contains a detailed discussion of their respective topic.

The authors’ treatment of each topic is well researched and supported by a host of authority, and the main text is enhanced by additional information and further discussions in the footnotes.

Building on the success of the first edition, the second edition of The Law of Arbitration: South African and International Arbitration sets out the South African common law, legislation and local and international case law applicable to each stage of the arbitration cycle, including the arbitration agreement, intervention by courts pending arbitration, the appointment of and challenges to the arbitrators, the pleadings and arbitration proceedings, and the arbitration award. A brief overview of alternative dispute resolution approaches is also provided as a contextual introduction.

The second edition now incorporates the new International Arbitration Act 15 of 2017 and updates the references to local case law as well as international case law relating to the UNCITRAL Model Arbitration Law (MAL). Act 15 of 2017 cements South Africa’s position not only as a venue for international arbitration but also for the enforcement of foreign arbitral awards, making this title indispensable for South African arbitrators wanting to gain experience in international arbitration.

The following appendices are incorporated in the second edition of The Law of Arbitration:

• The Arbitration Act 42 of 1965;
• The Rules for the Conduct of Arbitrations (2018 Edition) of the Association of Arbitrators (Southern Africa);
• The International Arbitration Act 15 of 2017, together with its Schedules (UNCITRAL Model Law on International Commercial Arbitration; UNCITRAL Conciliation Rules; Convention on The Recognition and Enforcement of Foreign Arbitral awards)

The fourth edition of Cases and Materials on Criminal Law includes 26 new extracts covering a range of topics, including the principle of legality, punishment, causation, consent in rape cases, dolus eventualis, knowledge of unlawfulness, common purpose, conspiracy, consensual child sexual experimentation, defamation, robbery, corruption, contempt of court, racketeering and criminal confiscation.

This bilingual casebook assists undergraduate students in the areas of law dealing with partnerships, companies and insolvency. Generally, cases have been reproduced in their entirety to show students the various sections that make up a reported case. In more complicated cases the relevant facts have been summarised and the most important parts of the judgment reproduced.

This book provides a thorough analysis of the state of collective bargaining in South Africa today. Drawing on extensive empirical research, it examines the processes which have shaped the collective bargaining system, as well as identifying some crucial questions hanging over its future. Collective bargaining is approached from legal, sociological, economic and historical perspectives, thereby giving a multifaceted view of the system.

While the country's unique history may have left trade unions and bargaining councils in a position of relative strength, it is argued that global market forces - manifested in trends towards non-standard employment and other changes in the job market undermining traditional bargaining relationships - pose a serious threat to these institutions. Trade unionists acknowledge that new strategies are needed to meet these challenges, and many employers see the value of stable bargaining relationships.

The book considers empirical data and initiatives developed by trade unions and employers around the world and raises some policy options that might be considered in seeking a way forward. Ultimately it is up to the parties to debate and negotiate improvements to the legal institutions within which collective bargaining takes place. This book will go a long way to stimulating and informing the debate.

Principles of Competition Law in South Africa offers an accessible, applied and rigorous introduction to the general principles of competition law and policy in South Africa. The text presents the fundamental principles of competition law within a clear and practical framework, and supports enquiring engagement with critical and reflective issues. Providing a comprehensive foundation of knowledge, the text introduces relevant, key concepts and perspectives of competition economic theory, inviting readers to deepen their understanding of the core subject matter in an accessible manner. Principles of Competition Law in South Africa is suited as course material for students who are studying competition law as a module of the LLB degree programme, or at postgraduate level. It is also a useful resource for practitioners who may wish to engage with foundational and current principles of the field.

Police officials under the Constitution are responsible for upholding the law and protecting South African citizens. Applied Law for Police Officials aims to give police officials the knowledge and understanding that will equip them to do so. In order to investigate crime effectively and to gather evidence that will enable the prosecuting authorities to secure convictions after following due process of law, police officials have to be familiar with the fundamental elements of criminal law, criminal procedure and the law of evidence. In Applied Law for Police Officials these elements are explained and discussed in the context of a Constitution that endorses the importance of human rights. This fifth edition of the textbook has been updated with the latest case law and is also enhanced to reflect the most recent attempts by Parliament to curb criminal behaviour. New topics, such as offences related to essential infrastructure, organised crime, human trafficking and cybercrime, have been introduced and are explained in a manner that is practical and will benefit police officials of all ranks and levels of experience.

The Casebook on South African Family Law provides a clear and concise analysis of the facts and principles enunciated by the courts on the law of family.

It contains commentary and extracts from cases referred to in South African Family Law.

This work reflects the law as at 31 July 2004. Decisions up to July 2004 have been considered for inclusion.