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The South African Law of Persons provides law students with a thorough understanding of the principles of the law of persons.
In a concise and comprehensive manner, the publication includes discussion of the implications of the constitutional principles of the law of persons.
The casebook on the South African law of persons provides clear and concise analysis of the facts and principles enunciated by the courts on the law of persons. It contains commentary and extracts from cases referred to in The South African law of persons.
Brutally dragged 780 metres beneath a taxi – a young woman’s inspiring story of survival, courage, and the will to live.
13 September 2011. The story would shock thousands and be remembered by many for years to come. It would be plastered all over the papers and continue to attract interest well after the shock factor of what happened had passed. Reports and articles would be written, and “facts”, as given to reporters by some of those involved and willing to be interviewed, would be recounted and repeated in all forms of public media over the months and even years that followed. And although these versions would generate widespread outrage, none was entirely accurate.
"The stories were about me. I was there. I am Kim McCusker - the girl who was dragged by a taxi. This, as I experienced it, is the true version of events."
The fourth edition of Principles of Evidence strikes a balance between the theory of the law of evidence and its practical application. This edition continues to assess the impact of the Constitution on the traditional Anglo-South African law of evidence, especially with regards to the admissibility of unconstitutionally obtained evidence. It further discusses the statutory provisions regulating diverse matters such as sexual history evidence and the admissibility of electronic evidence.
This third edition of Civil Procedure: A Practical Guide provides a clear and concise introduction to the complex area of civil procedure.
The civil procedures used in the High Courts, District and Regional Magistrates' Courts, Supreme Court of Appeal, Constitutional Court and Small Claims Court are discussed in detail, with practical implementation guidelines.
The book has been revised and updated, and incorporates discussions and analyses of all new developments in the field of civil procedure
The new edition deals with the new legislation affecting the law of damages, including the Road Accident Fund Amendment Act 19 of 2005, the National Credit Act 34 of 2005 and the Consumer Protection Act 68 of 2008. A large number of important Constitutional Court, Supreme Court of Appeal and High Court judgments and academic contributions since 2003 relating to most fields of the law of damages in both delict and contract are examined in the new editions.
Precedents for Applications in Civil Proceedings has been written to assist all, from aspirant novices to experienced practitioners. The book contains more than 100 examples covering an extensive range of more than 50 subjects, with commentary on the requirements of applications and the identification of typical defences. Precedents for Applications in Civil Proceedings comprises four parts: Part 1 - Introduction and General Guidelines: advice on drafting with emphasis on application papers; Part 2 - Generic Applications and General Matters: generic applications such as interdicts, reviews, appellate applications and the like; Part 3 - Procedural, Interlocutory and Incidental Applications Matters: An extensive range of interlocutory, incidental and procedural applications; Part 4 - Specific Substantive Applications: Comprising a wide range of subjects with commentary and precedents thereon.
Dismissal remains the most thorough and comprehensive work available on a problem that confronts employers, lawyers, judges and arbitrators every working day - when is it fair to terminate the relationship with employees, for whatever reason this regrettable step may be deemed necessary? This work deals with all the circumstances in which dismissals arise and are challenged - from dismissals for misconduct and incapacity, through retrenchments, automatically unfair dismissals, dismissals of protected and unprotected strikers, to the procedures required before such dismissals can lawfully be effected and challenged. Written in the clear and readable style for which the author has become acclaimed, the exposition of each principle is illustrated with examples drawn from the case law. This third edition adds many judgments handed down since the second edition was published four years ago, and incorporates judgments law and statutory amendments that have been handed down or enacted since then. Dismissal forms a volume in a quartet by the author, and should where necessary be read with its companion volumes - Employment Rights, Collective Labour Law and Labour Litigation & Dispute Resolution.
The 2nd edition of Criminal Procedure Workbook is designed as an aid in the study of criminal procedure and should be used in conjunction with the prescribed textbook. It is easy to use and facilitates learning through practical, real life scenarios. In particular, it hones in on the areas where students need assistance when preparing for tests and exams.
The practical and straightforward solutions will give students a better understanding of the subject as well as enable them to improve their results.
Eric Morris’ Technique in Litigation has been of inestimable value to fledgling advocates and attorneys for four decades. The book is concerned with litigation in both the High Courts and the magistrates’ courts, and provides useful, practical guidance on all aspects of litigation.
The sixth edition of Technique in Litigation has been substantially revised and updated, resulting in a book that still captures Morris’ humour and timeless wisdom, while at the same time being thoroughly topical and practical for the modern lawyer seeking to become a courtroom specialist.
The book will be of value not only to young practitioners still learning the technique of litigation, but also to more experienced practitioners to verify and enhance their courtroom techniques.
Crime scene investigation is a practical book dealing with the management, investigation, and control and processing of crime scenes, or scenes of incident, as they are now called. The book explains the important principles of continuity of possession and the importance of preventing contamination of the scene and evidence. It also focuses on the roles of experts and aids who can help investigating officers to solve complex and varied crimes. The book pays particular attention to the administrative process involved in the handling of evidence. This includes: The responsibilities of the investigating officer who has to deal with the incident; The various ways in which a scene of incident can be documented; The handling of people who may be present at the scene; The proper identification, collection, packaging and dispatch of evidence. Two of the unique features of the book is the introduction and explanation of a new investigation principle, namely the Lochner principle, and a new search method, namely the Lochner/Zinn search method.
The law of evidence is vital to each legal practitioner and forms part of the curriculum of every South African law qualification. It is compulsory even for some degrees not strictly confined to legal practice, such as certain police and related qualifications. However, the law of evidence is not considered an easy subject, especially not for persons who have never been inside a court of law.
In this work, academics with practical experience of the criminal justice system have selected a number of decided cases as well as statutes relevant to the law of evidence. Illuminating commentary is provided, which should assist any student of the discipline to get to the core of these texts. Due attention has also been paid to the constitutional aspects of the law of evidence.
Die bewysreg is onmisbaar vir elke regspraktisyn en maak deel uit van die leerplan van elke Suid-Afrikaanse regskwalifikasie. Dit is selfs verpligtend vir sommige grade wat niť tot die regspraktyk beperk is nie, soos sekere polisie en verbandhoudende kwalifikasies. Tog word bewysreg as ’n moeilike vak beskou, veral vir diegene wat nog nooit in ’n geregshof was nie.
In hierdie boek het akademici met praktiese ervaring van die strafregstelsel ’n aantal besliste hofsake sowel as wetgewing van toepassing op die bewysreg uitgesoek. Die insiggewende kommentaar wat voorsien word, behoort enige student van bewysreg tot die kern van die tekste te help deurdring. Behoorlike aandag word ook geskenk aan die grondwetlike aspekte van die bewysreg.
In Namibia the 1980s were a dark decade of human rights abuses by South African security forces. Judge David Smuts, then a young Windhoek lawyer, felt compelled to take on the system.
His gripping memoir details several dramatic cases, including the freeing of detainees that had been held secretly for six years, proving that torture was used to extract ‘confessions’ and that Koevoet knowingly killed civilians. Working with the likes of Sydney Kentridge, Geoff Budlender and Arthur Chaskalson, Smuts won legal victories and established a legal centre in the far North, where many misdeeds had taken place. Smuts also takes a fresh look at the assassination of Anton Lubowski, anti-apartheid activist and his close friend.
This highly readable real-life thriller about standing up for what is right sheds light on a shocking, largely untold part of our recent history.
ERIN BROCKOVICH meets SILENT SPRING in this astounding true story of a lawyer who spent two decades building a case against one of the world's largest chemical companies, uncovering a shocking history of environmental pollution and heartless cover-up. The story that inspired the forthcoming motion picture from Participant Media/Focus Features, starring Mark Ruffalo, Anne Hathaway, Bill Pullman and Tim Robbins, directed by Todd Haynes. In 1998, Robert Bilott was a 33-year-old Cincinnati lawyer on the verge of making partner when his career and life took an unforeseen turn. He was taken by surprise when he received a call from a man named Earl Tennant, a farmer from West Virginia with a slight connection to Robert's family. Earl was convinced the creek on his property, where his cattle grazed, was being poisoned by run-off from a neighbouring factory landfill. His cattle were dying in hideous ways, and he hadn't even been able to get a water sample tested by local agencies, politicians or vets. As soon as they heard the name DuPont - the area's largest employer - he felt they were reluctant to investigate further. Once Robert saw the thick, foamy water that bubbled into the creek, the gruesome effects it seemed to have on livestock, and the disturbing frequency of cancer and lung problems in the surrounding area, he was persuaded to fight against the type of corporation his firm routinely represented. With all the cards stacked against him, Rob happened upon a stray reference in a random memo to a chemical called PFOA - a substance he'd never heard of that is used in the manufacture of Teflon. From that one reference, he ultimately gained access to 110,000 pages of DuPont documents, some of them fifty years old, that reveal decades of medical studiesproving the harmful - more often than not fatal - effects of PFOA in animals and humans. And yet PFOA sludge had still been dumped into rivers and landfill, endangering many lives. The case of one farmer soon spawns a class-action suit and the shocking realisation that virtually every person on the planet has been exposed to PFOA and carries the chemical in his or her blood. This is the unforgettable story of the lawyer who worked tirelessly for twenty years to get justice for all those who had suffered because of this chemical.
Eckard's Principles of Civil Procedure in the Magistrates' Courts considers the law of civil procedure in the magistrates' courts. The work provides a comprehensive and up-to-date overview and analysis of civil procedural law in the magistrates' courts and includes numerous illustrative examples of pleadings and notices as well as various prescribed forms relevant to proceedings. The content of this edition is presented in well-organised chapters, which highlight features of practical importance to scholars and the legal profession. It provides extensive coverage of complex issues and new material.
A Practical Guide for Legal Support Staff provides basic information about various aspects which legal secretaries, legal support staff, paralegals and candidate attorneys will encounter in carrying out their duties in a law firm or similar environment.
While being an easy-to-read and user-friendly textbook, the emphasis is placed on acquiring the necessary practice management skills. It includes practical examples of the various forms required for different processes and documents.
Hierdie nuwe bekendstelling behels 'n omvattende uiteensetting van die generieke vereistes gemeen aan alle vorderingsaksies gebaseer op ongegronde verrykingsreg en voeg daaraan toe die eiesoor tige aspekte wat in die regspraak vir spesifieke vorderings ontwikkel het. In elke onderafdeling word die toonaangewende uitsprake daarvoor afsonderlik belig en bespreek. Wat hierdie werk ook onmisbaar maak vir praktisyns is die insluiting van 'n deeglike trefwoordregister vir vinnige naslaandoeleindes.
Building on the success of the first edition, the second edition of The Law of Arbitration: South African and International Arbitration sets out the South African common law, legislation and local and international case law applicable to each stage of the arbitration cycle, including the arbitration agreement, intervention by courts pending arbitration, the appointment of and challenges to the arbitrators, the pleadings and arbitration proceedings, and the arbitration award. A brief overview of alternative dispute resolution approaches is also provided as a contextual introduction.
The second edition now incorporates the new International Arbitration Act 15 of 2017 and updates the references to local case law as well as international case law relating to the UNCITRAL Model Arbitration Law (MAL). Act 15 of 2017 cements South Africa’s position not only as a venue for international arbitration but also for the enforcement of foreign arbitral awards, making this title indispensable for South African arbitrators wanting to gain experience in international arbitration.
The following appendices are incorporated in the second edition of The Law of Arbitration:
Understanding the CCMA Rules & Procedure is an explanation of the Rules for the Conduct of Proceedings before the CCMA, and an invaluable guide to the various CCMA processes and proceedings. Understanding the CCMA Rules & Procedure will assist the reader in understanding a sometimes complicated and confusing set of rules. Each CCMA rule is explained and summarised. In cases where a rule has been interpreted by the CCMA or Labour Courts, the relevant award or judgment is brought to the reader's attention. Understanding the CCMA Rules & Procedure also contains: The text of the rules for easy reference; A useful matrix of CCMA forms and their uses; Templates for rescission and condonation applications; The CCMA guidelines on misconduct arbitration; The code of conduct for CCMA commissioners.
Increased international investment and accelerating economic growth in Africa in general and in Anglophone Africa mean that businesses located both within and outside these jurisdictions will increasingly demand and require advice on cross-border commercial litigation. As the scope and scale of economic activity increases, the law governing commercial litigation will have to be developed and refined to reflect Africa's importance as a commercial hub. In Commercial Litigation in Anglophone Africa, the authors, for the first time in a work of this nature, set out the broad framework of the private international law rules in operation in each of the sixteen Anglophone jurisdictions considered (Botswana, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Namibia, Nigeria, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe). The authors identify and clarify the law to be applied as it relates to: (i) civil jurisdiction over commercial disputes involving a foreign element; (ii) the enforcement of foreign judgments; and (iii) the availability and nature of the interim remedies, in each of the sixteen jurisdictions addressed.
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