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The presumption of innocence is widely accepted as a fundamental principle of criminal justice. In some countries (like South Africa and Canada) it has been elevated to a constitutionally guaranteed right, subject to a general limitations clause. The presumption of innocence is also found in international instruments and there is much laudatory rhetoric in support of this presumption. There is, however, very little consensus regarding the exact content and scope of the presumption of innocence. This lack of consensus creates considerable confusion concerning the practical application of the presumption. This book is an attempt to secure consensus, and to present some constructive solutions to the various theoretical and practical problems which exist in respect of the presumption of innocence.
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.
This edition remains a practical guide for the student conveyancer and articled clerk and is not intended nor does it claim to be a legal treatise. Because of the enormous amount of information that exists around this field and the changes in conveyancing practice and procedure, this text restricts itself to the factors salient for the purposes of the conveyancing examination. Examples are given in conjunction with the relevant subject matter to facilitate reference.
Modern Company Law for a Competitive South African Economy presents a progressive discussion of selected corporate law matters brought about by the new Companies Act 71 of 2008.
The book covers the areas of corporate formation and corporate finance, corporate governance and mergers and takeovers, business rescue, and the enforcement and regulatory regime.
This publication is almost certainly the first attempt to grapple rigorously with selected aspects of corporate law contained in the new Companies Act.
Objections In Civil Litigation deals in concise terms with the categories of objection and the leading and most useful authorities for each objection. A synopsis of the nature and content of each objection is included.
The book equips the busy practitioner confronted with an unruly witness with the tools to formulate a cogent and legally sound argument, at short notice, as to why a particular piece of testimony should be excluded.
The opponent will similarly be assisted in dealing with the objection in a helpful and lucid manner.
Because of the complexity of the National Building Regulations document, this book has been written as a comprehensive reference to that text. It addresses both conventional and unconventional methods of home building, and is aimed at all builders, from small contractors to large developers.
Performance auditing can play a vital role in ensuring that taxpayers' money is spent economically, efficiently and effectively. Yet because it is difficult to explain its complexities to newcomers in the field in a way that makes sense the first time round, and because no two audits are identical, there is little practical guidance on the topic available in South Africa at present. Performance auditing: a step-by-step approach fills this gap. Performance auditing: A step-by-step approach focuses, step-by-step, on those elements that are relevant to all performance audits and can be applied easily and successfully. The second edition includes, among other things, a new section on strategic planning, additional illustrations of planning working papers on efficiency and economy, and updated terminology in line with that used in publications by the Presidency and the National Treasury of the Republic of South Africa. The numerous practical examples and case studies in the book make it ideal for hands-on use as a training guide. Performance auditing is aimed at practitioners, trainers and students in auditing.
Res Ipsa Loquitur and Medical Negligence: A Comparative Survey analyses the application of the doctrine of res ipsa loquitur ('it speaks for itself') to medical negligence cases. The book aims to establish conclusively that the approach of the South African courts, that the doctrine should never find application in medical negligence cases, is untenable and out of touch with modern approaches adopted in other countries. Constitutional principles such as procedural equality, access to courts, access to health care, access to information, post-constitutional legislation, medical ethics and policy considerations are also discussed.
The book further provides a theoretical and practical legal framework for the application of the doctrine to medical negligence cases in South Africa in future. The authors argue for the application of the doctrine, not only in medical negligence cases, but also to related legal procedures that follow a medical accident such as medical inquests, criminal prosecutions and disciplinary inquiries instituted by the Health Professions Council of South Africa.
Res Ipsa Loquitur and Medical Negligence includes a comprehensive comparison of the practical application of the doctrine to medical negligence cases in South Africa, England and the United States of America.
The Survivor’s Guide For Candidate Attorneys provides candidate attorneys with the practical information that they need during articles. While the book is premised on litigation practices predominantly from the KwaZulu-Natal division, it contains information that will be useful to candidate attorneys across the country. The information in this guide bridges the gap between the university environment, where the emphasis is on theoretical knowledge, and the candidate attorney’s new working environment, where the emphasis is on the practical, hands-on application of this knowledge, and learning fast!
The book also contains very useful checklists for court work and a directory comprising over 100 pages of useful contacts: including the High Courts, Regional Courts and Magistrates’ Courts, bargaining councils, sheriffs and sheriff service areas.
The second edition of The Survivor’s Guide For Candidate Attorneys has been thoroughly revised and updated to include information on the Regional Courts, some new practical pointers on how to deal with litigation matters, and a motivational call to candidate attorneys to become more aware of the (sometimes harsh) reality of legal practice and the working world. The directory has also been updated.
The tutorial questions in this book cover the auditing syllabi as prescribed by The South African Institute of Chartered Accountants (Part 1 of the Qualifying Examination) and the Independent Regulatory Board for Auditors (Public Practice Examination – “Part 2” - Audit Specialisation).
The hundreds of questions comprise various topics and are graded into three categories according to their level of difficulty in line with the South African accounting profession’s definition of levels of knowledge:
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.
Modern society is largely dependent on information, and the right to know is essential to any democracy.
This practical guide comes at no better time - a South African response to the Health Professions Council of South Africa's policy document to make bioethics, human rights and health law a 10 per cent portion of examinable core curriculum for all students in health sciences faculties. It provides students from year one to completion of study, as well as all health practitioners, with the theory and practical application necessary to understand and apply bioethics, human rights and health law.
Cost and Management Accounting: 1st edition
Cost and Management Accounting: 2nd edition
The first volume, a legal humour edited by Professor Kahn, Law, Life and Laughter published in 1991 was the subject of many favourable reviews. It went through three impressions, was sold out years ago and today is a collector's item. This second melange of legal humour and piquant revelations of personalities in the law of Southern Africa is almost entirely new, containing nothing that appeared in the first volume except a number of brilliant caricatures of which the temptation to reproduce was irresistible.
The second edition of this seminal work is the only book which comprehensively addresses current environmental management in South Africa from an interdisciplinary perspective.
Key themes in environmental management including agriculture, air quality, biodiversity, energy, climate change, the coast, freshwater and marine resources, mining, protected areas, rivers, soil and waste management are covered from both scientific and legal perspectives. Legal and scientific aspects of each topic are covered by different authors, who are experts in their field.
Environmental Management in South Africa also explains the legal frameworks in regional environmental law, international environmental law, administrative law and the National Environmental Management Act.
A Guide to Intellectual Property Law covers the most common forms of intellectual property law, namely copyright, trademarks, patents and the delict of unfair competition.
The book closely follows the relevant legislation and contains explanations of the most important South African cases. The book also introduces the relatively new IP subjects of the internet, biodiversity and traditional knowledge and also includes a chapter on international IP law, in which the main treaties are summarised.
Aimed particularly at students and young professionals, more senior lawyers should also find it useful as a consolidated quick reference handbook.
Illustrated with photographs and containing an informative genealogical tree, this handsome volume is a reflection of the high regard in which the Chief Justice is held by his colleagues on the Bench, by legal practitioners and by legal academics.
A Guide to Legislative Drafting in South Africa identifies the key aspects of legislative drafting, providing a clear and practical guide to the subject. It unravels the mysteries and complexities of statutory writing, presenting it to the reader in a structured and understandable manner.
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.
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