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.

This book on ADR (commonly referred to as Alternative Dispute Resolution), refers to processes such as mediation and arbitration, which are alternative to the court process.

The law of Expropriation has been changed by the Constitution in important respects, including the circumstances in which Expropriation may be used for land reform, and the measure of compensation. It will feature prominently in South Africa's land reform programme, and is considered in the first eight chapters of the book. Three chapters are devoted to the acquisition of rights by labour tenants under the Land Reform (Labour Tenants) Act. The restitution of land rights, under the Restitution of Land Rights Act, to people deprived of, or prevented from owning land, by racially discriminatory laws or practices after 1913, is given detailed analysis. Acquisition of rights by ways of necessity and prescription are each dealt with in separate chapters.

The Law & Practice Of Interdicts is the successor to Interlocutory Interdicts (1993) by the same author. This publication serves as a comprehensive resource book on interdicts and consists of two parts.

Part A, “The Requirements of the Law of Interdict”, is an updated and expanded version of Interlocutory Interdicts. It deals with the nature, history and development of interdictal applications in South Africa, including a useful comparison of the English and South African law on the subject.

Part B, “Practice” consists of eight chapters dealing with the procedure; the court’s discretion; urgency; jurisdiction; locus standi; the discharge, referral and variation of interdictory orders; appeals and costs.

Business Accounting and Finance, sixth edition, offers an accessible, concise introduction to management and financial accounting for first-year year business students and those taking non-business degrees.

With a wide variety of real-life examples of well-known brands such as Amazon, Samsung and Bosch, the author introduces relevant issues for accounting such as ethics and corporate governance.

Packed with practical guidance including business scenarios and exercises, this resource will help students develop the skills they need in today's workplace.

This handbook aims to provide a comprehensive overview of the multi-faceted art law within the legal framework applicable to South Africa.

In four 'phases', it provides answers to legal questions that arise from the initiation of an art project up to its exploitation. It is aimed at both law students who have an academic interest in an in-depth introduction to art law and practitioners from the art world, and is therefore equipped with numerous explanatory examples.

The contents were prepared by students of the Art Law Clinic Stellenbosch and revised by the editors.

This bilingual casebook is intended as a study aid for students of the general principles of the law of contract. Extracts from leading cases, supplemented by explanatory notes, are set out in traditional textbook style, which should provide students with easy access to cases.

The Companies Act 71 of 2008, as amended, has created a new corporate law regime for South Africa that poses exceptional challenges to practitioners, who have to interpret and apply concepts, principles and rules borrowed from other jurisdictions even before they have been tested or pronounced upon by our courts. Corporate law for commerce students is a comprehensive yet basic guide to the structure and fundamentals of the new company dispensation.

Corporate law for commerce students provides a brief, clear and especially practical overview of the law of business entities. It covers partnerships, companies, close corporations, business trusts and cooperative societies, each of which carries different rights and obligations, and ultimately liabilities, for the entrepreneur. It discusses all of these within the framework of the new Companies Act, the common law, and recent court judgments and the King IV report. It includes figures, tables and mind maps to clarify each topic, and provides assessments at the end of each chapter.

Contents include the following:

• How to choose the right option for a specific business
• The partnership concept, the business trust and the establishment of legal personality, companies and cooperatives
• Compliance, transparency, accountability and governance
• Securities, debt instruments and public offers
• Directors, shareholders and company meetings, fundamental transactions, takeovers and offers
• Business rescue and compromise with creditors
• Termination and dissolution

Corporate law for commerce students is aimed at students studying commercial law, business entities or corporate law subjects as well as practising accountants, auditors, company secretaries and paralegal practitioners.

This text focuses on guiding employers, managers, labour relations practitioners, trade unions and students alike in understanding and applying the provisions of South Africa's latest employment equity legislation - the Employment Equity Act 55 of 1998. Main features of the publication: detailed discussions on the practical implementation and application of the most important and relevant provisions of the Employment Equity Act; step-by-step, clear guidelines to help employers conduct the equity analysis, consult with the relevant stakeholders on the equity process and develop the employment equity plan and the equity report; a discussion of the Code of Good Practice for the preparation, implementation and monitoring of employment equity plans recently released by the government. Included is a reproduction of the Employment Equity Act 55 of 1998 and copies of all the relevant forms that employers are required to fill in and submit to the Director General - the Employment Equity Report, the Income Differential Statement, a statement about demographic data and a form detailing occupational levels and categories.

Aspects of education law provides a comprehensive description and analysis of the laws that currently inform, prescribe and influence the activities of educators and education managers, whether on the sports fields or in the boardroom, at the blackboard or behind a desk.

This fifth edition of Aspects of education law places emphasis on the legal aspects that pertain to learner misconduct in South African schools, with extended chapters on human rights and school governance, and has been thoroughly updated in terms of new legislation and case law. It includes discussions of the position of the child as legal subject, the educator’s duty of care and the administrative aspects of school management.

Aspects of education law has become an essential resource for educators, lawyers, members of governing boards and parents, and all of those who are interested in ensuring high-quality schooling in South Africa. Previous editions have been hailed as being “among the highest in the international community” and “a must for … scholars throughout the world with an interest in comparative education law” by American academics.

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.

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 third edition of Bail provides a critical discussion of past and current bail law, including the impact of the Constitution on statutory interpretation and practice.

Where the law remains unclear – often as a result of divergent High Court decisions – the author provides guidelines to the practitioner and the lower courts alike. He makes concrete suggestions, where necessary, on the application of the law in a setting where tension between the liberty of the individual and the troubling crime rate calls for a measured and practical approach.

This edition features extensive quotations from the authorities, with English translations of Afrikaans judgments. The book also includes an invaluable ‘Quickfinder’ section in which the most important bail procedures are set out in a clear, concise and easily accessible format. Notice of motion templates are also provided.

In this, the third edition of Bail, the author provides a critical discussion of past and current bail law, including the impact of the Constitution on statutory interpretation and practice.

Principles of the Law of Sale and Lease sets out concisely the general principles relating to these specific contracts.

Written by experts in the field, the third edition will assist practitioners and law students alike to understand and apply the law relating to these specific contracts.

The book is organised in two parts, integrating the common-law principles as well as the recently introduced consumer protectionist statutory provisions on sale and lease.

Contents Include:

Sale
- Definition of Contract of Sale
- Sources of Law of Sale
- Contract of Sale and Transfer of Rights in Property Sold
- Requirements for a Valid Sale Contract
- Seller’s and Buyer’s Rights and Obligations
- Pre-Contractual Obligations
- Formalities, Content and Interpretation
- Seller’s and Buyer’s Residual and Statutory Obligations
- Particular Contracts of Sale

Lease
- Introduction
- Sources of Law
- Definition and Essentials of a Lease
- Duties of the Lessor
- Duties of the Lessee
- Subletting, Cession and Assignment
- Transfer of the Lessor’s Title: Huur Gaat Voor Koop
- Termination of a Lease
- Lessee’s Right to Compensation for Improvements
- Residential Lease and the Rental Housing Act 50 of 1999

For undergraduate courses in derivatives, options and futures, financial engineering, financial mathematics, and risk management. A reader-friendly book with an abundance of numerical and real-life examples. Based on Hull's Options, Futures and Other Derivatives, Fundamentals of Futures and Options Markets presents an accessible and student-friendly overview of the topic without the use of calculus. Packed with numerical examples and accounts of real-life situations, this text effectively guides students through the material while helping them prepare for the working world.

Taxation of Legal Costs in South Africa provides clear and practical guidance on taxation of costs, which will assist in determining reasonable costs in line with the existing legal system. Taxation is about the quantification of legal costs and therein lies the crux of any costs issue. The book explains how the process of taxation exercises control over costs that are legally recovered so that fees and costs are reasonable. Taxation of Legal Costs in South Africa identifies the key aspects of costs and all aspects of taxation. It records and integrates the practices, rules, tariffs and judgments of court to provide a practical resource. The discretion that is applied in taxing bills of costs and the principles relied upon in reviewing taxations are discussed extensively. The book analyses maximum tariffs that legal practitioners may charge, which have a significant impact on both the public and the legal profession. The author also offers practical suggestions for solutions to challenges that arise in practice.

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.

Established as the leading introductory text in the field, Colin Drury’s Management and Cost Accounting has helped students to blend theory and practice for over thirty-five years.

The Student Manual is a practical companion featuring a wealth of questions for each topic, with exercises and fully worked solutions that empower students to practise key concepts of management and cost accounting and prepare for exam success. This edition of the Student Manual includes new sections on data analytics and environmental management accounting as well as expanded coverage of strategic performance and cost management, value creation and quality management.

Continuing to comprehensively revise Colin Drury's text, Mike Tayles draws on his experience as an examiner for both ACCA and CIMA to update this hands-on student guide.

Health research has made spectacular strides over the past few decades. The value of health research is obvious and irrefutable. What is not so apparent is that people who participate in research may be harmed during the process. Africa prides itself in having some of the most respected universities globally. It is a continent of immense research potential. At the same time, Africa suffers from many of the health burdens of low-income regions. While it affords many research opportunities, this creates the potential for the misuse of power on vulnerable individuals and populations.

This book explores why participants in health research require protection. It also explains how ethical principles and the law can assist inter alia research ethics committees, researchers, funders and institutions at which research is conducted, to safeguard the rights and dignity of individuals contributing to the research enterprise. It engages with this imbalance and examines how well-intentioned aims of ethical health research can be achieved while simultaneously maximising the protection of research participants. It draws on local and international documents and expertise to inform the resolution of many ethical dilemmas and complexities that inevitably arise in health research.

Health Research Ethics: Safeguarding the Interests of Research Participants provides a solid understanding of the normative values for protecting research participants against exploitation, harm and wrong. Since research ethics is multidisciplinary, this book will be of value to a range of professionals and academics inter alia those from the health sciences, social sciences, and legal disciplines.