In 1994, Malawi adopted an unusually progressive Constitution, unprecedented in the country's political and constitutional history. 'Human Rights under the Malawian Constitution' takes stock of the human rights jurisprudence generated by the new Constitution and the new judiciary in Malawi over the past sixteen years. The book examines the largely unreported Malawian cases and legislation and systematically analyses them with a view to constructing a coherent corpus of human rights jurisprudence, which is essential to consolidating democracy, establishing the foundation for the rule of law and ushering in an era of accelerated development in Malawi. The author draws on a wealth of international and comparative jurisprudence, including that from other African countries, without detracting from the main objective of constructing a Malawian brand of jurisprudence. Ultimately the book reveals that it is possible for human rights to grow even in underdeveloped countries. 'Human Rights under the Malawian Constitution' is intended for use by judges, lawyers, legal scholars, students, civil society, law reform officers, human rights institutions and comparative law scholars. _______________________________________________ Danwood Mzikenge Chirwa is Associate Professor of Law and Head of the Department of Public Law at the University of Cape Town. He has published widely in the fields of constitutional and human rights law. _______________________________________________ ' This book] makes a significant contribution to African constitutional law. The author has engaged in a careful and systematic treatment of all of the clauses contained in Malawi's Bill of Rights, as well as the jurisprudence which has been developed by its courts over the past 16 years .... Accordingly, this is a work which anyone who wishes to engage in African constitutional law in general and Malawian law in particular will be required to use as a major source of reference.' Dennis Davis, Judge of the High Court of South Africa; Honorary Professor of Law, University of Cape Town ' This book] fills a gap in the literature of human rights in the region with its excellent examination of the Malawian provisions. It is well written and will appeal to a wider readership than Malawi.' Boyce Wanda, Professor of Law, University of Fort Hare

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.

Since the second edition was published some important decisions have been reported on estoppel and these have been considered in this new edition. Comparing the multitude of references to estoppel in South African case law to the number of reported decisions where the courts actually founded estoppel confirms that successful reliance on estoppel remains more the exception than the rule.

Jurisprudence – An Introduction is aimed at students about to embark on a course in jurisprudence, legal theory or legal philosophy.

The author has analysed the various philosophies extensively, and has indicated the intensity of current jurisprudential debates in relation to South African law.

Hoteliers, restaurateurs, licensees and catering managers will, in the course of their work, enter into many legal relationships with other parties whilst at the same time being required to adhere to all of the statutory laws that apply to their business. A sound knowledge of the law is therefore important to the professional owner or manager, as are knowledge of business management and the fundamental skills of the profession.

Neethling on Personality Rights by Neethling, Potgieter and Roos is the updated, revised and expanded third edition of Neethling’s Law of Personality (2nd ed 2005). This book is intended to be a comprehensive exposition, first of the doctrine of the law of personality which recognizes rights of personality as an independent, separate group of (subjective) rights, and second of the basis for and extent of the protection of personality rights in South African law.

This new title in the Juta’s Pocket Companions series will serve as an ideal companion to the Mine Health and Safety Act & Regulations Pocket Statute.

Understanding the Mine Health and Safety Act is derived from the highly regarded Commentary on the Mine Health & Safety Act by Masilo and Rautenbach, the leading South African work on this Act.

The book contains commentary on a variety of sections contained in the eight chapters of the Act, set out in a manner that ensures that discussions are accessible to all without sacrificing detail. All commentary is supported by footnotes containing further references as well as citation of relevant case law.

Contents Include:

• Objects of the Act
• Health and Safety at Mines
• Health and Safety Representatives and Committees
• Tripartite Institutions
• Inspectorate of Mine Health and Safety
• Minister’s Powers
• Legal Proceedings and Offences
• General Provisions Sections 96–106

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 second Europe, Middle East and Africa edition of this text combines the 40-year heritage of Brigham's expertise in international financial management with Fox's professional experience in the field. Financial Management: Theory and Practice equips students with a solid understanding of essential theoretical concepts as well as practical tools to assess and implement effective financial decisions. The unifying theme is corporate valuation and its relevance to financial decisions--ensuring students comprehend the details and the big picture. Chapters proceed from fundamentals to strategic finance, linking recent events to the role of finance in business and to your personal lives.

For more than a decade, South Africans have been advocating a reform of the country’s laws on sexual offences. South Africa has one of the highest levels of reported rape in the world, and legislative reform was seen as an essential step towards shifting the understanding of rape and its treatment within the criminal justice system.

Since 1996 the activism has focused on the South African Law Reform Commission’s investigation into sexual offences, and the parliamentary process, which culminated at the end of 2007 in the Criminal Law (Sexual Offences and Related Matters) Amendment Act.

Many of the authors of Should We Consent? were involved in substantive legal submissions, research and legislative drafting and promoting changes to the law to provide rape victims with effective redress and protection. Drawing on a body of empirical, social and legal scholarship, this unique text charts the critical social and legal debates and jurisprudential developments that took place during the rape law reform process.

This book also provides important insights into the engagement of civil society with law reform and includes thoughtful and contemporary discussions on topics such as ‘defining’ rape, HIV, sexual offences against children and sentencing of sexual offenders.

• Examines the successes, challenges and defeats of rape law reform
• An important reflection on the engagement of civil society with government in precipitating and sustaining this important law reform process.
• Highlights the significance of rape law reform inclusion or exclusion at various stages in the process
• Discusses the strategic decisions made by gender activists and the context in which these decisions were made
• Discussions are from a comparative and international context
• Emphasizes potential implementation challenges and considering how these might be addressed in terms of law and policy.

This is the first title on the South African law of unjustified enrichment, covering the entire field of this area of the law. It aims not only at giving an accurate description of the current law, but also to investigate new solutions to old problems, making use of comparative insights. Unjustified enrichment is structured in an accessible way to make it possible for anyone easily to locate the law relevant to the specific problem that is being investigated - and to allow those who are not familiar with the subject to find their way into it.

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.

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.

Criminal Procedure in South Africa offers a concise, accessible and applied introduction to the theory and practice of criminal procedure. The work serves as a systematic guide to the various stages of the procedural system, and is designed to enable mastery of the rules, basic legal tests and practical steps that are required to implement various criminal procedures.

Clear, structured explanation is supported by step-by-step, practical guidelines, relevant case law discussions, critical commentary and concise analysis of critical legal tests. Numerous diagrams support readers comprehension, and precedents and other practical use documents offer valuable tools to guide readers in their applied practice.

In equal measure, the text offers an invaluable resource to university students, legal practitioners, prosecutors, judicial officers, paralegals and police officers.

This innovative new textbook firmly roots management accounting in management, placing the emphasis on the management accountant as a key member of the management team and the strategic business decision making process. Unique case studies and examples of worldwide practices illustrate how concepts and techniques are applied in real-world business situations. It explores how management accounting techniques are adapted and modified to support specific industries from energy to media sectors and covers topical issues such as: * Environmental accounting * Environmental auditing and ISO14001/EMAS * The balanced scorecard * Kaizen costing * Target costing * Social responsibility Features * Integrates the most up-to-date and relevant research with a broad approach to management accounting. * Presents compelling examples of 'real' organisations, exploring the interactions of management accounting in practice. * Extends knowledge of management accounting concepts and techniques to how they can be used for strategic decision making and management control. * Uses Excel to develop and apply solutions methods. * Examines how management accounting techniques are adapted and modified to support specific industries from energy to media sectors. * Covers topical issues such as activity-based budgeting, the balanced scorecard, target costing, capacity planning, quality management, Six Sigma and performance measurement. * Fully compliant with developments within the professional bodies such as CIMA and ACCA. * Offers end-of chapter exercises to extend your critical thinking and applications of key concepts. * Provides short case studies, so you can practise manipulating and analysing data. This is the ideal textbook for students studying management accounting at advanced undergraduate and postgraduate level.

This work is intented primarily to reflect the law dealing with water resource management and the provision of water services in South Africa. The law governing water in South Africa was always regarded as a specialised field practised by a small group of lawyers. However, the political and social reform during the last decade of the 20th century, the water-related problems experienced and the prominence given to fundamental human rights and environment-related matters have significantly increased the need for this knowledge by others. South Africa is in the process of developing and implementing a new framework governing water resource management and the provision of water services. This complex and dynamic framework aims to manage absolute water scarcity with significant participation by all interested and affected persons.

An academic, legal text that places moral and political philosophy at the centre of certain legal debates. In this book, Professor Meyerson specifically investigates the "Limitation Clause" in the South African Constitution, a clause that leaves open the possibility of limits to the Bill of Rights and certain entrenched "freedoms". Through discussions regarding the Freedoms of Expression and Religion, this book aims to play a role in defining, expanding and challenging the South African Constitution.

Since 1994, a stream of national and provincial education laws and policies has altered the landscape of South African schooling dramatically - replacing the discriminatory and fragmented legal framework under apartheid with a uniform system aimed at making the constitutional right to education a reality for the people of South Africa. Schools and the Law describes and explains the current legal framework governing our schools. It addresses the key legal and policy instruments affecting schools and covers the growing body of case law on schools and education. The title includes the text of the core laws and policy instruments governing school education.

The field of forensic investigation has grown significantly in South Africa over the past few years. This growth in the field is mostly due to the fact that investigations are now also undertaken by private and corporate bodies, and by government institutions other than the South African Police Service. The field of investigation has moved from being the sole domain of the police to including other role-players. The latest developments in the forensic investigation discipline are a result of the fact that forensic investigation is a continually evolving science. The new democratic dispensation also requires that all investigations must be conducted within the ambit of the Constitution.

The authors of Forensic Investigation: Legislative Principles and Investigative Practice aim to meet the needs of this field by examining how forensic investigations should be conducted in South Africa, with reference to local legislative principles and scientific processes.

Forensic Investigation: Legislative Principles and Investigative Practice commences by covering aspects such as the constitutional basis for public and private policing, the investigation process, and the characteristics of a good investigator. The book highlights the basic concepts of investigation and then proceeds to examine more sophisticated specialised aspects, such as medico-legal evidence, DNA, and policing in a cyber-world. The work also features more recent developments in the field, such as analysing the behaviour of offenders and the choices they make during the commission of crimes. These aspects are dealt with in relation to forensic geography and offender profiling.

Forensic Investigation: Legislative Principles and Investigative Practice takes the reader from the scene of the incident (the crime scene) to the courtroom, and from investigation to prosecution – all essential components of the investigative process. The book explores the significant role and conduct of an investigator, seeking to ensure that current and future generations of investigators are aware of the challenges and changes in the investigation of crimes, incidents and transgressions, and are also familiar with the prosecution processes that follow. This book will undoubtedly prove to be an invaluable and essential tool for all investigators.

Sustainable development currently dominates the agenda of government programmes and projects in Africa. The developmental challenges posed by population increases, the prevalence of HIV/Aids and urbanisation trends, inter alia, require government institutions and other development agencies to improve performance and delivery. The implementation of sustainable development depends largely on all stakeholders being involved in the planning and evaluation of respective programmes and projects. Issues relating to entrepreneurship and small business development, policy management, local government integrated development planning, and the role of women, need to be attended to effectively and efficiently. To achieve meaningful sustainable development objectives, entities such as the African Union and initiatives like NEPAD need to coordinate regional and continental development activities. However, a number of imperatives impact on the outcomes of all attempts to achieve sustainable development. In this well-researched, important book, some of the most prominent sustainable development issues are investigated. The chapters were authored by academics who are well-versed in their respective fields.