The Companies Act (No. 71 of 2008), as now amended by the Companies Amendment Act (No. 3 of 2011), introduced many concepts, principles and rules that were foreign to South Africa's common law. However, the new Act does not indicate clearly to what extent it replaces the common law. Corporate Law For Commerce Students is thus a much-needed guide to the structure and fundamentals of the new company regime.

Corporate Law For Commerce Students covers three types of business venture, namely partnerships, companies and close corporations, which each carry different rights and obligations, and ultimately liabilities, for the entrepreneur. It discusses, inter alia, how to choose the right option for a specific business; the partnership concept, the establishment of a legal personality; compliance, transparency and accountability; shares, securities, stock and debt instruments; fundamental transactions, takeovers and offers; business rescue and compromise with creditors; and termination and dissolution - all within the framework of the new Companies Act and the common law. It includes figures, tables and mind maps to clarify each topic, and provides assessments at the end of each chapter.

Corporate Law For Commerce Students is aimed both at students who are studying Commercial Law, Business Entities or Corporate Law and practising accountants and auditors.

The purpose of this handbook - Know your Rights, Claim your Rights - is to provide a straightforward overview of the Constitution of South Africa; to set out the basic constitutional rights and responsibilities of all South African citizens and to assist in drawing the attention of civil society to the remedies available when their rights have not been respected and upheld.

Since 1994 there has been a surge in private land ownership by low-income citizens in South Africa. Approximately a third of residential properties registered by the Deeds Office are previously State-subsidised houses. More than 12 500 000 people live in these homes, constituting a large base of individuals requiring legal services. Many of these new property owners live at the interface between the formal and informal economy. Standard property, succession and family law approaches are often ill-equipped to suitably address the many and distinctive (power) imbalances typical of this sector.

New legal strategies affordable to both lawyer and client need to be developed. This book discusses methods for developing pro-poor contracts and land tools for low-income clients. Prenuptial and cohabitation agreements, housing rights and land ownership are explored, since they are areas core to the sustainability of the private law.

Embark on a comprehensive journey into forensic document examination with this specialised guide, tailored for aspiring forensic document examiners, investigators, legal professionals, and the judiciary. Covering a spectrum of topics, from document definition to the future of forensic document examination, Forensic Document Examination Techniques Supporting Investigations and Judicial Procedures highlights the vital role of examiners in discerning document authenticity and contributing to criminal case and civil case resolutions.

The book explores the diverse responsibilities of forensic document examiners, from consulting with law enforcement and legal practitioners to serving as expert witnesses. Forensic Document Examination Techniques Supporting Investigations and Judicial Procedures emphasises effective communication skills, providing insights into key considerations, including cases, expert evidence weight, and logical reasoning in examination reports.

Focused on the integrity of document evidence, the book discusses proper collection and preservation methods, illumination techniques, and authentication questions arising from document disputes. The concluding section delves into a range of examinations, covering paper and ink analysis, alterations, electronic signatures, and the impact of the Fourth Industrial Revolution (4IR).

The authors envision the future forensic document examiner as a multi-skilled professional navigating digital technology, biometrics, and statistics. With a positive outlook on the evolving landscape.

This book provides a detailed, yet simplified reference to the general principles of the Law of Contract and specific contracts, other commercial transactions and corporate law.

VAT: An Introduction initiates students and practitioners into the South African value-added tax (VAT) system by guiding them through the basic principles of the Value-Added Tax Act 89 of 1991 (VAT Act). It covers the processes to be followed when dealing with VAT and sheds light on the most important case law and VAT legislation.

Complex concepts and the key objectives and principles of the VAT system are explained simply and clearly, without using unnecessary jargon. This makes VAT: An Introduction suitable for anyone who has to apply basic VAT principles in a business environment or provide general VAT advice and assistance.

The book is also an excellent study guide for students. It will help students understand the mechanics of the South African VAT system and the practical implications of VAT. Students and practitioners will find the revision questions at the end of each chapter useful to test their understanding and knowledge of the fundamentals of VAT.

This sixth edition of the established work Principles of Criminal Law, now Burchell’s Principles of Criminal Law, includes a number of compelling new features.

Written by three specialist authors – Emeritus Professor Jonathan Burchell, Professor P J Schwikkard and Dr Tshepo Bogosi Mosaka – it contains substantially improved chapters on corruption, substance abuse and organized crime, as well as fuller debate on consent to die with dignity.

It places greater emphasis on customary law and submissions on mistaken belief in consent in rape cases. There are also new chapters on witchcraft and hate crimes (incorporating hate speech).

How may an employer effect a dismissal that does not fall foul of the law? What is an unfair labour practice? How and when does an employer discipline an employee? How do you formulate charges? How do you prepare for an arbitration?

The answers to these and other questions can be found in this book, which aims to alert both employers and employees of their respective rights and how these rights can be enforced and protected.

This book is not an arid reflection on labour law. It is an attempt to initiate a sound understanding of the basic principles of labour law and to instil a practical approach to work-related issues. Any person, whether an employer or employee, who needs to understand labour issues without being burdened by esoteric legal principles will find this book helpful.

Collective Labour Law is the most thorough and comprehensive book available on the law governing the relationship between organised labour and employers in South Africa.

The book covers topics such as the recognition of trade unions as bargaining agents, how organisational rights are acquired and lost, the collective bargaining process, strikes and lock-outs.

Copious examples from case law give the reader insight not only into the law but also into the events that led to conflicts which ended up in the courts. The book is written in the clear and readable style for which the author has become acclaimed.

Collective Labour Law is part of a quartet of books by John Grogan that covers the entire field of labour law as it has developed in South Africa to date. The book is also available in digital format, which offers subscribers ongoing quarterly updates.

Property in Housing unpacks the right of access to adequate housing (section 26 of the Constitution of the Republic of South Africa, 1996) from a property perspective. The purpose of the volume is to reassess how and to what extent property plays a role in the protection, promotion and fulfilment of this right.

The characteristics of access to ‘adequate’ housing – as articulated by the United Nations Committee on Economic, Social and Cultural Rights in its General Comment 4 – serve as an organising framework for the volume. It is within this framework that we explore how property law can be used and aligned to implement the right of access to adequate housing as a vehicle for large-scale transformative aims.

Themes that are used to explore the vigorous relationship between property and housing include the centrality of the home in housing versus proprietary conflicts; the extent to which property narrates the conception of adequate housing, absent dedicated legislative reform; and the instrumentality of property as a vehicle for transforming the housing sphere.

The property paradox in the context of the housing clause is threefold: the property institution must be curtailed to make way for housing interests; it must be utilised (with legislative measures and sometimes without) to do some of the section 26(1) heavy lifting – for instance, to provide secure tenure or ensure access to services; and it must foster a culture of regulation by way of the constitutional property clause (section 25), to provide the required access to the spaces that we envision adequate, at the costs that we consider reasonable.

The monograph first introduces the authors’ approach, methodologically and theoretically, with reference to the history of property in housing in South Africa, the limited juridical development of our understanding of ‘adequate’ housing in the constitutional dispensation, the way in which housing relates to other constitutional rights, and the characteristics of having adequate housing. The remainder explores each of the internationally recognised characteristics by drawing on property law – security of tenure, services, accessibility, habitability, affordability, location and cultural adequacy – as components of the organising framework to interpret the progressive realisation of the South African housing mandate and respecting its anti-eviction measures. The development of the normative and substantive content of the right of access to adequate housing lies in the space left incomplete by property law. As such, this monograph is a call to action for this development to be achieved in order to foster a democratic South Africa for all who live in it.

Property in Housing will be a valuable resource for subject specialists, researchers, advanced students, practitioners and the judiciary alike.

Studente sal hierdie boek van groot waarde vind by hulle studie van die Strafprosesreg. Dit maak lesers vertroud met die fundamentele beginsels en waardes onderliggend aan hierdie gebied van die reg en lei hulle stelselmatig deur die proses wat op strafsake van toepassing is.

Professor J P Swanepoel (voormalige staatsadvokaat met beduidende praktiese ondervinding in die strafhowe) en Professor J J Joubert is beide afgetrede lede van die Departement Straf- en Prosesreg van die Universiteit van Suid-Afrika. Professor S S Terblanche (voorheen ’n landdros) is ’n lid van die Departement Straf- en Prosesreg van die Universiteit van Suid-Afrika en het al ruim bygedra tot die literatuur met betrekking tot vonnisoplegging. Professor S E van der Merwe was professor in Publiekreg aan die Universiteit Stellenbosch en is steeds ’n produktiewe skrywer oor hierdie vakgebied. Professor G P Kemp is ’n lid van die Departement Publiekreg van die Universiteit Stellenbosch en sy publikasies oor die strafregspleging verwys gereeld na sy spesialiseringsgebied, die internasionale strafreg. Professor D Ally is Hoof van die Departement Regte van die Tshwane University of Technology en het ’n aantal artikels geskryf met die strafproses as onderwerp, en met besondere verwysing na die impak van die Grondwet op die strafproses. Dr M T Mokoena is Hoof van die Departement Straf- en Prosesreg van die Universiteit van Suid-Afrika en lewer publikasies oor die strafprosesreg, insonderheid borgtog.

The Legal Profession in South Africa: History, Liability & Regulation discusses the history of the legal profession in South Africa, the common-law liability of legal practitioners and the regulation of the profession. The work describes the development of the profession in South Africa, highlighting the complex role that practitioners have played in the development of our society. It also explores the legal nature of the relationships that may exist between practitioners and clients as well as between practitioners themselves.

The fundamental questions at the core of the book are: what are the duties that are imposed upon legal practitioners by contract law or otherwise, and under what circumstances can they be held liable towards clients and third parties? The most important provisions of the Legal Practice Act, as well as the Rules and Regulations issued under the Act, are set out and explained. The broader issues of legal ethics and professional conduct are considered along with the ethical and statutory duties of legal practitioners towards clients, the courts and their colleagues.

The final chapter covers personal costs orders, setting out the categories and instances in which courts have made these orders in the past. This book is aimed at anyone interested in the legal profession. It is an essential addition to the library of legal practitioners who will benefit from the discussion of various theoretical and practical issues related to the work they do. It is also a useful tool for law students who seek a better understanding of the legal profession.

Cost and Management Accounting is a comprehensive resource intended for courses which cover the fundamentals of this subject.

The content is aligned to the latest curriculum of the major management accounting professional bodies, and deals with the basic concepts and techniques for the identification and control of costs, as well as general cost management. Cost and Management Accounting has a strong southern African perspective and covers current issues on each topic.

Key Features/ Benefits:

• Contextualises the South African experience
• Offers the latest developments in management accounting
• Extensive support materials include solutions to exercises, PowerPoint slides, and additional questions and answers.
• Written using accessible language and engaging formats.
• Case studies, theory review questions, test-yourself questions, and detailed end-of-chapter exercises to encourage self-study.

Women and Cyber Rights in Africa explores the challenges faced by African women in cyberspace, highlighting the exacerbation of gender inequalities by emerging technologies.

Authored by African female researchers, it employs multidisciplinary approaches and Afro-feminist theories to discuss biases, stereotypes, and the impact of patriarchal structures.

The book addresses limited digital literacy, gendered cyber-criminality, and inadequate gender-sensitive policies. It aims to spur effective policy development and further research on African women's cyber rights.

Employment Rights 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. This volume deals with relations between employers and employees from the commencement of employment to its termination, and highlights the drastic inroads which have been made on the managerial prerogative by legislation, in particular the Basic Conditions of Employment Act, the Labour Relations Act and the Employment Equity Act.

The reader will find detailed discussion of the employment contract, unfair labour practices, unfair discrimination and affirmative action, unemployment insurance and skills development.

The book is written in the clear and readable style for which the author has become acclaimed, and each topic is copiously illustrated with examples drawn from the case law.

This second edition of Extinctive Prescription aims to reflect the law as developed by judgments and statutory changes over a period of more than twenty years since the publication of the first edition.

The principles of extinctive prescription have been scrutinised by the courts in numerous reported cases over this period, including prominent judgments of the Constitutional Court dealing with the justification for extinctive prescription, the concept of ‘debt’, and the knowledge requirement for prescription to begin to run. This edition also examines the principles governing the co-existence of the 1969 Prescription Act and prescription or time limitation provisions in other statutes, with reference to certain prominent examples. A new chapter 12 deals with procedure.

Reported cases continue to illustrate the practical importance of extinctive prescription and the thorough analysis of theory and policy required for its application.

Real security law is where property law and credit law meet to regulate the rights that creditors have to property belonging to their debtors – either as agreed upon between the parties or as imposed by the law. Security rights facilitate affordable borrowing, investment in property and industry, and thus the promise of economic prosperity. Secured lenders are also empowered with stronger rights than other creditors and with more beneficial debt enforcement options. In our ever-changing economic and social context, a sophisticated system of law is necessary to maintain a fine balance between the rights of debtors, creditors, third parties and the general public – especially when things go wrong. Financial crises, rising consumer over-indebtedness and the fight against homelessness are but some important considerations that challenge this area of law.

Real Security Law covers all of the conventional forms of real security, such as the mortgage of land, the pledge of movables, general and special notarial bonds, security cessions, the landlord’s tacit hypothec and rights of retention. It also includes security mechanisms imposed by statutes, for example municipal charges, embargo powers, the instalment-agreement hypothec and statutory pledges.

The aim of this volume is to describe and analyse the current state of real security law in South Africa, starting with our common law foundation but with a particular focus on developments inspired by the Bill of Rights and other statutory and socio-economic changes in society. Therefore, the most recent developments in constitutional, statutory and case law are incorporated, and the aim is to strike a balance between legal theory, constitutional imperatives, commercial realities and the needs of practice.

Contract: General Principles examines the concepts, principles and rules relating to contracts, and considers the jurisprudential, constitutional, and social context in which contract law operates. The authors’ expert analysis and exposition of the legislative and common-law principles underlying the law of contract provides a rich, illuminating reading experience for legal practitioners, law students, and members of the general public interested in the subject. The authors explore the theoretical basis and structure of the South African law of contract and discuss the role played by the courts – which includes discussions of the latest court decisions and other sources of reference – in the interpretation and application of these rules and principles. Where the law is not settled, divergent opinions are considered and solutions offered, often referring to foreign jurisdictions.

The sixth edition of Contract: General Principles highlights the importance of the Consumer Protection Act in relation to the construction and conclusion of contracts, and includes a discussion of new developments in the electronic age, including the use of smart contracts and their application to various aspects of contracting. Close attention is paid to the influence of constitutional jurisprudence and the role of good faith and ubuntu in the formation and enforcement of legal agreements, or as informing the application of the public policy standard. The treatment of the practical application of this standard in the context of agreements in restraint of trade has also been significantly expanded.

While the book’s basic approach has been retained, the chapters have been substantially refined and reworked with a sharper focus on the applicable principles and rules.

This second edition of Understanding Money Laundering and Illicit Financial Flows explains these two concepts and outlines strategic responses to deal with them. The book explores the forms of money laundering and illicit financial transfers; mechanisms used to launder money; measures to curb, investigate and monitor these crimes; and asset forfeiture.

Understanding Money Laundering and Illicit Financial Flows also considers new strategic approaches to combating these crimes. It touches briefly on the funding of terrorism, which is seen as closely connected to laundering and illicit transfers. The book includes clear illustrations, useful statistics, explanations of frequently used terms, a comprehensive bibliography and recommendations for further reading.

Understanding Money Laundering and Illicit Financial Flows provides the reader with an easy entry into these complex subjects. The book will be useful not only for role players in the public sector – such as policy makers, politicians, law enforcement officials and regulators – but also for businesses and managers in the private sector. Written in an accessible way, the book is aimed at both professionals and a broader audience.

Zimbabwe’s Constitution of 2013 provides for multi-level government at national, provincial and local level. This book explores the nature, evolution and future of this multi-level system of government against the background of international best practices.

Provincial and Local Government Reform in Zimbabwe: An analysis of the Law, Policy and Practice considers key questions about the multi-level system of government and shows how it radically differs from the old Lancaster House constitutional order.

The roles that provincial and local governments, as well as traditional leaders, fulfil in the new order are examined, the reforms needed to implement the system are outlined, and lessons to be learnt from other countries with multi-level governments are considered.

This book aims to aid the realisation of Zimbabwe’s constitutional goals of development, democracy and peace through effective multilevel governance and contributes to the international discourse on decentralisation and the role of subnational governments in Africa.

This book provides law enforcement officials with the essential legal knowledge and practical acumen needed for the performance of their duties.

This book is the first South African work on this crucial new tool for the successful investigation and prosecution of crime.

It introduces readers to the biological principles of DNA and emphasises the importance of the chain of custody and pre-trial disclosure. It also looks at the process that a DNA-sample has to go through before a DNA test result can be produced, as well as an explanation of test result interpretation.

The meaning of a DNA match is explained, as well as aspects of population genetics, statistical calculations and DNA databases.

This introductory-level textbook provides a clear and concise overview of commercial law for undergraduate law students.

Covering all the key areas of law that may be included in a commercial law module, including agency, sale of goods, bailments, carriage of goods, commercial financing, and conflict of laws, it also introduces relevant elements of related fields such as banking and insolvency law and touches on emerging issues such as cryptocurrencies.

Key Features:

• Accessible and conversational prose
• A tight focus on core knowledge with manageable levels of detail
• Important concepts, cases and legislation are highlighted for ease of reference
• Student-friendly layout with key lessons and learning objectives clearly identified

Principles of Commercial Law is perfectly suited to law students studying undergraduate commercial law modules in their second or third years. It will also be beneficial as an accessible introductory text on higher level courses for students who are newer to the topic.