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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.
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.
The motivation for this particular law of obligations is the notion that the core assumptions of the dogmatic structure of each field, and of the law of obligations as a whole, can be expected to begin to show their imperfections more clearly the further one moves from the centre, and that this kind of examination affords an opportunity to reassess both the current premises in each field as well as the overall structure of obligations.
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.
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.
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.
This text deals with the basic concepts of the law and explains the operation of the law and the administration of justice. It features practical exercises at the end of each chapter to help the student develop the ability to analyse information and apply knowledge. Another feature is the appendixes in which step-by-step explanations are given of how to research and apply primary sources of the law such as statutes and decisions in court.
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.
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.
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.
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.
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.
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.
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:
The Fundamental Principles of Effective Trial Advocacy guides the trial lawyer in developing a winning theory and using it throughout every phase of the trial. The text focuses in depth on each phase of the trial from opening statement to examination-in-chief, cross-examination and final argument.
The book also examines the characteristics of effective trial lawyers, the rhetorical techniques that enhance the persuasive force of advocacy and the basic principles of formulating effective questions.
Practical and engaging examples distil the fundamental principles and strategies that lead to success in the courtroom.
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 law affects us all, and even your most basic day-to-day choices and actions have legal implications. Yet few people have much knowledge of the law or understand complicated legal terminology – and lawyers’ fees are beyond many people’s reach. This book will provide you with the necessary information on a wide range of legal issues that may impact on your daily life – at work, in the home, on the road, in the marketplace, and in the courtroom. Written by experts specifically for the layperson, the book’s everyday language is free of obscure legal jargon. It is easily understandable, informative and essential for each and every household in South Africa. What’s new in the 4th edition? This new edition includes new or expanded information on the law in a digital age, developments in property law, new procedures for DNA and other forensic samples, the law applying to sport, rights to education and protection from harassment as well as the protection of your personal information.
This new Southern African edition of Kim Langfield-Smith and Helen Thorne's best-selling Australian Management Accounting text explains the contemporary role of management accounting in organisations - supporting a company's quest for enhancing shareholder and customer value. The effective management of resources, both financial and non-financial, is essential to creating value. Retaining the strategic approach and comprehensive coverage but thoroughly adapted for Southern Africa, Management Accounting Southern African edition is suitable for the one- or two-semester undergraduate course, and is ideal for use over two years of study.
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