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THE BOTSWANA LAW REPORTS BY THE JUTA LAW REPORTS EDITORS ISBN BOTLR0012 PUBL JUTA 3 ISSUES PER ANNUM
About this Publication:
This resource incorporates the official law reports, covering precedent-setting Botswana case law
since 1964. It provides comprehensive coverage of all the decisions of the Court of Appeal, High
Court and the Industrial Court. A subject index, table of cases, case annotations and legislation
annotations enable thorough and accurate location of cases on point. Flynotes and headnotes
have been expertly written for each case, saving time in legal research.
PRINCIPLES OF COMPETITION LAW BY D. UNTERHALTER ETAL ISBN 9780199096536 PUBL OXFORD 1ST ED 2017
Principles of Competition Law in South Africa offers an accessible, applied and rigorous
introduction to the general principles of competition law and policy in South Africa. The text
presents the fundamental principles of competition law within a clear and practical framework,
and supports enquiring engagement with critical and reflective issues. Providing a comprehensive
foundation of knowledge, the text introduces relevant, key concepts and perspectives of
competition economic theory, inviting readers to deepen their understanding of the core subject
matter in an accessible manner. Principles of Competition Law in South Africa is suited as course
material for students who are studying competition law as a module of the LLB degree programme,
or at postgraduate level. It is also a useful resource for practitioners who may wish to engage with
foundational and current principles of the field.
VULNERABLE EMPLOYEES BY D SMIT ISBN 9781485118923 PUBL JUTA 1ST ED 2017
Vulnerable workers’ have not been adequately defined in South African jurisprudence, although
they have been referred to in case law, and consequently the nature and scope of this concept
remains unclear. There are also different categories of vulnerable workers in South Africa.
This book introduces students and practitioners to the law and to the practical problems
experienced by vulnerable South African workers: those suffering from depression or
post-traumatic stress disorder, those who are discriminated against based on their weight or their
appearance, those who have been bullied at work, or those who may have opted for gender
reassignment. Marginalisation and other forms of prejudice against these workers are well known,
but the manner in which we address these issues is not clear.
Several other categories of workers, such as the sexually harassed, those living with AIDS,
foreign workers, and sex workers may also be seen to be vulnerable (especially in the context of
South Africa’s history).
Vulnerable Employees guides the reader through the basic principles of the law pertaining to the different categories of workers, and offers insight and guidance on the management of these individuals. The book sheds light on the most significant case law and applicable legislation, and proposes draft policies, where applicable.
Complex concepts and legal and other relevant principles are explained simply and clearly, without using unnecessary and complex legal jargon. This makes Vulnerable Employees a suitable book for students, for those who provide general advice and assistance to vulnerable workers or their employers, and for those needing to apply this knowledge in a business environment.
THE IMPACT OF THE AFRICAN CHARTER AND THE MAPUTO PROTOCOL IN SELECTED AFRICAN STATES BY VICTOR O AYENI ISBN 9781920538477 PUBL PULP SA 2016
The year 2016 was declared by the African Union as the African ‘Year of Human Rights with
Particular Focus on the Rights of Women’ to commemorate and celebrate significant milestones
in the realisation of human rights on the African continent. The year marks the 35th anniversary of
the adoption of the African Charter on Human and Peoples’ Rights (African Charter), 30th year
since coming into force of the African Charter and 10 years since the inauguration of the African
Court on Human and Peoples’ Rights.
Since its adoption, the African Charter has been supplemented by the Protocol on the Rights of
Women in Africa (Maputo Protocol). All AU member states (with the exception of new comer
South Sudan) are state parties to the African Charter, and 36 of them have accepted the Maputo
This book assesses the impact and effectiveness of the African Charter and the Maputo Protocol
in 17 African countries, namely Burkina Faso, Cameroon, Côte d’Ivoire, Ethiopia, Gambia, Ghana,
Kenya, Lesotho, Malawi, Mauritius, Nigeria, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda and Zimbabwe. The book is the result of research conducted by selected alumni of the Centre for Human Rights’ LLM in Human Rights and Democratisation in Africa programme.
The Centre for Human Rights, which in 2016 is also celebrating 30 years of human rights education, intends to use this research as the basis for a continuously updated database on the impact of the African Charter and Maputo Protocol.
BUSINESS TRANSACTIONS LAW BY R SHARROCK ISBN 9781485119425 PUBL JUTA 9ED 2017
Business Transactions Law, now in its ninth edition, addresses fundamental questions about
business transactions: When is a transaction recognised as binding at law? If a transaction is
binding, what is its legal effect? Are there any circumstances in which a party is excused from
carrying out his side of a transaction? What legal redress does a party have if his opposite
number fails without excuse to do what he has promised in terms of the transaction? Apart from
this redress, are there any other legal means available to a party to ensure that he receives what
he has been promised by the other party? Finally, what is the position if a party, due to financial
difficulties, is unable to carry out or complete his side of the transaction?
The objective, as with previous editions, is to meet the needs of students and others taking their
first steps in the complex field of business transactions law. The aim is also to cover a significant
part of the syllabus recommended by the South African Institute of Chartered Accountants.
New legislation and case law are included in the ninth edition. The chapters on Interpretation and
Credit Agreements have been re-written and other chapters have been revised wherever necessary to reflect legislative changes or developments in the case law.
The ninth edition of Business Transactions Law has approximately 200 new case summaries in total.
AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS ISBN 9781920538453 PUBL PULP SA2016
The jurisprudence of the African Commission on Human and Peoples' Rights has widely
recognised the right to life as a foundational right. Without the right to life, other rights cannot be
implemented. The Commission adopted General Comment No.3 on the African Charter on
Human and Peoples' Rights on the right to life (Article 4) during its 57th Ordinary Session, held in
Banjul, The Gambia, in November 2015. It is designed to guide the interpretation and application
of the right to life under the Charter and to ensure its coherent application to a range of situations,
including its implementation at the domestic level. The General Comment does not put in place
new standards or highlight best practices but rather sets out the Commission’s perspective on
dimensions of this universally recognised right.
CLIMATE CHANGE: LAW AND GOVERNANCE IN SOUTH AFRICA BY HURNBY TL ETAL ISBN 9781485118824 PUBL JUTA LOOSE-LEAF 2016 UPDATED BY REVISION SERVICES
There is increasing consensus that climate change is real and that its causes and impacts must
be governed for the purpose of preserving the environment and life on earth.
Climate change has many dimensions and root causes, several of which require concerted
cross-border and supra-national strategies and action plans. While climate change has always
been perceived as being a global environmental issue, the immediate impacts of climate change
are decidedly localised.
It is pertinent that national governments must design and implement domestic strategies and
action plans to facilitate necessary adaptation measures while simultaneously taking measures
towards the mitigation of climate change.
Published in loose-leaf format and updated annually, Climate Change: Law and Governance in
South Africa provides a comprehensive analysis of climate change, the relevant laws and policies
and their intersection with international governance structures.
“This brilliant book covers South African climate change law and governance from all possible angles. It focuses on mitigation and adaptation in all relevant sectors, from energy to agriculture, and deals with important instruments such as carbon pricing and insurance.” “… this book will provide a valuable and indispensable source of information and inspiration for all those who want to contribute to tackling climate change in South Africa.”
Professor of international and European environmental law, Tilburg University, Netherlands and Extraordinary Professor, Faculty of Law - North West University
CLINICAL LEGAL EDUCATION – LAW CLINIC CURRICULUM DESIGN AND ASSESSMENT TOOLS BY MA DU PLESSIS ISBN 9781485119319 PUBL JUTA 1ST ED 2017
Clinical legal education (CLE) is a springboard for entry into legal practice, preparing students for
the professional challenges they will face after completing their studies and embarking on their
In her eight years of conducting research on CLE in South African universities, the author has
found that the most urgent needs are in the area of student assessment. Designing a curriculum
with assessable content is therefore essential for clinicians who, in certifying students’ capabilities,
are the gatekeepers to practice.
This book identifies curriculum requirements across a number of jurisdictions and proposes a
menu of assessment methods which may enhance the choices of assessment methodologies
available to South African university law clinics. It also covers the setting of parameters for
assessment, grading, grade descriptors and moderation systems, and discusses different forms
of tests, assignments, essay and oral examinations, as well as self- and peer-evaluation, peer
editing, case portfolios, and trial advocacy skills. The book addresses challenges such as
clinicians’ heavy workloads and differing levels of experience in supervision and assessment. It discusses challenges students face and presents solutions enabling clinicians to help them depending on their individual experience and needs
Also discussed are the potential conflicts between the needs of students and those of the local community being served by the law clinic.
Although the aim of this book is to find appropriate assessment methods for CLE, the effectiveness of an assessment programme can only be determined when measured against a curriculum. The proposed curriculum is therefore measured against the identified assessment criteria.
COMPANY SECRETARIAL PRACTICE BY M HAVENGA ET AL ISBN 9781485109648 PUBL JUTA LOOSE-LEAF 2016
Company secretaries are at the heart of the company, providing the enterprise and its directors
with the right legal, compliance, accounting and governance support and advice at the right time.
Company secretaries also serve as the link between the board and the rest of the company, its
shareholders and the public.
In recognition of the dynamic and strategic role played by company secretaries today, Juta is
proud to launch Company Secretarial Practice, which replaces its well-loved predecessor, South
African Business Administration, in order to provide a new, up-to-date and definitive reference
work for all company secretaries.
This regularly updated manual takes the key functions expected of the company secretary and
highlights the legal framework in which the company secretary operates, suggesting practical
procedures to achieve compliance. In this way Company Secretarial Practice will help company
secretaries to meet the exacting demands of their job and fill their role as necessitated by
legislation and the King Reports.
THE CLIMATE CHANGE REGULATORY FRAMEWORK AND INDIGENOUS PEOPLES “LANDS IN AFRICA:HUMAN RIGHTS IMPLICATIONS BY ADEMOLA OLUBORODE JEGEDE ISBN 9781920538521 PUBL PULP SA 2016
Employing a human rights approach, this book analyses the adequacy of climate change
regulatory frameworks at international, regional and national levels to protect indigenous peoples’
lands in Africa. It demonstrates that without appropriate legal protection, climate change and the
implementation of its response measures can adversely affect a range of their human rights. The
book explores how the African human rights system may effectively address the protection of
indigenous peoples' lands in the context of adverse effects of climate change in Africa.
LAWS AND POLICIES AFFECTING TRANSGENDER PERSONS IN SOUTHERN AFRICA BY USHA JUGROUP ISNB 9780620729277 PUBL SA LITIGATION CENTRE SA 2016
Throughout Africa, transgender persons have to contend with pervasive negative experiences,
such as societal stigma and discrimination. Many transgender men and women experience
discrimination and harassment in their daily lives – at work, at home, while they are walking on
the street, or when they use public facilities such as banks, restaurants, hospitals, police stations
or airports – simply because they do not conform to gender identity norms. All persons are born
as equal human beings and with inherent dignity. Indeed like all human beings, transgender
persons have the right not to be discriminated against, or harassed and abused. Their rights are
protected under the national constitutions of their countries, and they are protected by regional
and international human rights instruments which oblige their governments to protect all persons.
SALC’s latest booklet on the Laws and Policies Affecting Transgender Persons in Southern Africa
explores the laws and policies that could potentially affect the rights of transgender persons in ten
Southern African countries: Angola, Botswana, Lesotho, Malawi, Mozambique, Namibia, South
Africa, Swaziland, Zambia and Zimbabwe. The aim of the booklet is to provide transgender
persons, human rights activists and human rights organisations, with an easy guide on the laws and policies in their own countries which may potentially affect their rights and interests.
GOAL 16 OF THE SUSTAINABLE DEVELOPMENT GOALS:PERSPECTIVS FROM JUDGES AND LAWYERS IN SOUTHERN AFRICA ON PROMOTING RULE OF LAW AND EQUAL ACCESS TO JUSTICE BY ANEKE MEERKOTTER ISBN 9780620742634 PUBL SA LITIGATION CENTRE SA 2016
Goal 16 of the Sustainable Development Goals (SDGs) seeks to “promote peaceful and inclusive
societies for sustainable development, provide access to justice for all and build effective,
accountable and inclusive institutions at all levels”. During 2016, the Southern Africa Litigation
Centre, in conjunction with the National Association of Women Judges and Magistrates, the
Malawi judiciary and the International Commission of Jurists, convened colloquia in Botswana,
Malawi, Zambia and Zimbabwe to encourage discussion on the role of the judiciary and legal
profession in achieving Goal 16. This publication seeks to further broaden these discussions so
that the achievement of Goal 16 moves from the conceptual to impactful initiatives. The book
follows on a previous publication entitled Using the Courts to Protect Vulnerable People:
Perspectives from the Judiciary and Legal Profession in Botswana, Malawi and Zambia. As with
the previous publication, judges and lawyers in the region reflect on existing barriers to ensuring
equal access to justice for all and recent jurisprudential and legal developments that indicate
steps towards the achievement of the targets set in Goal 16 of the Sustainable Development
THE LAW OF BANKING AND PAYMENT IN SOUTH AFRICA BY SHARROCK R ISBN 9780702199783 PUBL JUTA PUBL 2016 1ST
The Law of Banking and Payment in South Africa provides an explanation of some of the more
important aspects of the law applicable to banks and banking in South Africa, along with the
principles that govern payment and payment systems in this country.
The Law of Banking and Payment in South Africa covers the following areas: a general
introduction to banks and banking law; the nature of banking law and its sources; the role and
function of the Reserve Bank and the various statutes that regulate banks; the bank–customer r
elationship; miscellaneous banking services provided by banks; general principles of payment;
the law applicable to various payment systems; unauthorised cheque payments and unauthorised
electronic funds transfers; international sale transactions; and bank guarantees.
The aim of the authors is to provide a text that is both accessible for students and other persons
seeking to gain a basic understanding of the subject, and comprehensive enough to be useful to
lawyers, bankers and those who work in the field of banking and finance.
JUTA’S STATUTES OF SOUTH AFRICA 2016/17 PRINT (INCL. FREE REGULATIONS OF SOUTH AFRICA ON CD-ROM) BY JUTA’S STATUTES EDITORS ISNB 9781485120650 PUBL JUTA 2016/17 ED
Comprising seven cased volumes plus an index volume, this publication is produced with
attention to detail and insistence on accuracy. It is updated to 1 March 2017. Juta’s Statutes
Editors provide a year-round update service in the form of Juta's Weekly Statutes Bulletin, which
provides email alerts to legislation as promulgated during the current week, and a quarterly
newsletter providing a consolidated record of legislative changes.
CRIMINAL PROCEDURE HANDBOOK BY JJ JOUBERT ETAL ISBN 9781485118749 PUBL JUTA 12TH ED 2017
Criminal Procedure Handbook introduces readers to the fundamental principles and values underlying this field of law and guides them systematically through the rules of procedure that apply in criminal cases. Students will find this book invaluable in their study of Criminal Procedure.
Table of Cases
ACCOUNTABILITY AND REDRESS FOR DISCRIMINATION IN HEALTHCARE IN BOTSWANA, MALAWI AND ZAMBIE BY ANNABEL RAW ISBN 9780620729284 PUBL SA LITIGATION SA 2016
Southern Africa bears a disproportionate burden of HIV globally and indications are that stigma
and discrimination remain high, not only amongst people living with HIV but also amongst those
most vulnerable to HIV. Stigma and discrimination violate human rights and are barriers to HIV
prevention and treatment.
This research report is concerned with the availability, effectiveness and sufficiency of complaints
processes providing accountability and redress for persons who experience discrimination in
healthcare settings. The report focuses on the experiences of sex workers, lesbian, gay, bisexual
and transgender (LGBT) persons, women living with HIV, and persons with disabilities in
Botswana, Malawi and Zambia.
This is a preliminary research report which is primarily aimed at assisting the Southern Africa
Litigation Centre (SALC) to develop relevant advocacy and litigation strategies to address
systemic healthcare discrimination in Botswana, Malawi and Zambia.
THE IMPLEMENTATION OF MODERN AFRICAN CONSTTUTIONS – CHALLENGES AND PROSPECTS BY CHARLES MANGA FOMBAD ISBN 9781920538651 PUBL PULP 2016
In “The implementation of modern African Constitutions: challenges and prospects”, the authors
try to identify obstacles to constitutional implementation in Africa and, on the basis of good
practice, assess how this could be overcome. A single volume like this cannot unravel the
complexity of the causes and effects of, and solutions to, the problem of non-implementation of
constitutions in Africa: the subject is far too intricate. Nevertheless, this study, represents a first
attempt to draw attention to the issue, and hopes to open a serious debate about it and pave the
way for making this issue an integral consideration in constitution-building in the future. The variety
of perspectives provided in analysing the challenges to constitution-implementation in this volume
should make it to appeal to academics, practitioners, policy makers and postgraduate research
students interested in the intricacies of comparative African constitutional law.
About the editors:
Charles Manga Fombad is Professor of law and heads the African Constitutional Law Unit at
ICLA. He holds a Licence en Droit (University of Yaounde), LL.M. and Ph. D. (University of
London) and a Diploma in Conflict Resolution (University of Uppsala).
INVESTIGATING MISCONDUCT AND INCAPACITY BY M OPPERMAN PUBL JUTA 1ST ED 2016
About this Publication:
Investigating Misconduct and Incapacity sets out practical steps to enable those initiating dispute
procedures to compile and prepare relevant evidence for disciplinary enquiries and to structure
that evidence for the best presentation of cases against offenders in the workplace.
Investigating Misconduct and Incapacity assists in properly conducting investigations and then interpreting the evidence discovered, collating the evidence effectively and presenting that evidence during the course of disciplinary hearings.
This book discusses the tools of discovery of evidence, offence categories for relevant charges and how to compile those charges. It describes various processes of collating the evidence into a comprehensible format and also addresses the prospects of legal intervention should the situation warrant it.
Of Interest and Benefit to:
OCCUPATIONAL HEALTH AND SAFETY ACT 83 OF 1993 AND REGULATIONS BY JUTA STATUTES EDITORS PUBL JUTA 1ST ED 2016
About this Publication:
Published annually, this title contains the Act and Regulations. It reflects the law as at 12 August
Mandatory availability of the Occupational Health and Safety Act 85 of 1993 & Regulations is
prescribed in terms of regulation 4 of the General Administrative Regulations, 2003 as published
under GN R929 in GG 25129 of 25 June 2003 which reads as follows:
"4 Copy of the Act
Every employer with five or more persons in his employ shall have a copy of the Act and the
relevant regulations readily available at the workplace: Provided that, where the total number of employees is less than five, the employer shall, on request of an employee, make a copy of the Act available to that employee".
Of Interest and Benefit to:
Labour law practitioners and officials
Employers and employees
Students and academics
THE OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS: A COMMENTARY BY MALCOLM LANGFORD ET AL PUBL PULP
On 10 December 2008, coinciding with the 60th anniversary of the Universal Declaration of
Human Rights, the United Nations General Assembly adopted the Optional Protocol to the
International Covenant on Economic, Social and Cultural Rights (OP-ICESCR). The Optional
Protocol permits individuals or groups of individuals to submit complaints to the UN Committee on
Economic, Social and Cultural Rights if they have exhausted domestic remedies and believe a
ratifying State has violated their rights under the Covenant. It therefore effected an historic change
in the UN human rights system in that it recognizes the equal status of claimants of economic,
social and cultural rights and their right to access justice. The Protocol came into force on 5 May
2013, and the number of ratifications is steadily growing.
This Commentary, the first and most comprehensive of its kind, offers rigorous scholarly
commentary on the provisions of the OP-ICESCR, aimed at informing and encouraging research,
reasoned argument, consistent interpretation and effective advocacy, adjudication and remedies
under the Protocol. It provides a critical resource for both users of the Optional Protocol
(applicants, lawyers, governments, the Committee) and a broader audience of scholars, students,
national judiciaries and policy makers.
The book is divided into three main sections that respectively address procedural issues, substantive interpretation, and remedies and enforcement. Each of the chapters highlights and discusses what is most innovative about the OP-ICESCR, as well as potential ambiguities and controversies. The Commentary makes a unique and critical contribution to legal scholarship and practice by laying the foundations for cutting-edge, authoritative jurisprudence. The chapters have benefited from a peer-review process, and an exchange and discussion among the authors and other experts.
LEGAL GROUNDS – REPRODUCTIVE AND SECUAL RIGHTS IN SUB-SAHARAN AFRICAN COURTS VOL 111 BY GODFREY DALITSO KANGAUDE PUBL PULP 2017
Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts is a joint
publication of the International Reproductive and Sexual Health Law Program of the University of
Toronto, Canada; the Centre for Human Rights, Faculty of Law, at the University of Pretoria, South
Africa; and the Center for Reproductive Rights, New York. It is the expanded third volume in a
series originally conceived by Kibrom Isaak, LL.M., a graduate of the International Reproductive
and Sexual Health Law Program, who organised and wrote the prototype, and drafted most of the
first two volumes.
The editors of Legal Grounds III are tremendously grateful to all those who have supported us to
produce this book. The planning and execution would not have been possible without a grant from
the Ford Foundation. African publication and dissemination were generously supported, through
the Centre for Human Rights, by The Open Society Foundations.
MEDICINES ACT, THE : OLD & NEW A COMPARATIVE CONSOLIDATION BY JUTA LAW EDITORS
About this Publication:
This visual comparison of the amending Acts and the effects of their amendments will aid in
understanding the new Act when it is in effect.
The Medicines and Related Substances Act 101 of 1965 is poised to undergo substantial
amendment when the Medicines and Related Substances Amendment Act 72 of 2008 (with effect
from a date to be proclaimed) and the Medicines and Related Substances Amendment Act 14 of
2015 come into effect (immediately after the commencement of the Medicines and Related
Substances Amendment Act 72 of 2008).
South African Health Products Regulatory Authority (SAHPRA):
The 2008 Amendment Act provides for the establishment of a new regulatory authority, the
South African Health Products Regulatory Authority (SAHPRA), which will replace the current Medicines Control Council, and for a two-tier registration system for the registration of medicines, medical devices, and other products such as foodstuffs and cosmetics with medicinal components or in respect of which medicinal claims are made.
In this useful format, firstly, the Act is shown in columns with the text currently in force at 25 September 2016 in the first column; and the pending amendments side-by-side in the second and third columns, enabling the reader to compare the current and future versions at a glance, in context.
For further ease of use, these changes are shown with provisions to be repealed or deleted in red font and struck through, provisions to be inserted in blue font and underlined, and editorial annotations in grey font [within square brackets].
The Act is then shown in a fully consolidated version, as it will appear once both Amendment Acts have commenced in full and all amendments have been effected.
Of Interest and Benefit to:
Pharmacists and pharmacy owners
Medicines Control Council
South African Pharmacy Council
Health Professions Council of South Africa
Department of Health
Medical device manufacturers
Allied health professionals
PRO-POOR LEGAL PRACTICE : HOSEHOLD RIGHTS AND SUBSIDISED HOUSING IN SOUTH AFRICA BY L DOWNIE ISBN 9781485119364 PUBL JUTA 1ST ED 2017
Since 1994 there has been a surge in private land ownership by low-income citizens in South
Africa. Approximately a third of residential properties registered by the Deeds Office are previously
State-subsidised houses. More than 12 500 000 people live in these homes, constituting a large
base of individuals requiring legal services. Many of these new property owners live at the
interface between the formal and informal economy. Standard property, succession and family
law approaches are often ill-equipped to suitably address the many and distinctive (power)
imbalances typical of this sector.
New legal strategies affordable to both lawyer and client need to be developed. This book
discusses methods for developing pro-poor contracts and land tools for low-income clients.
Prenuptial and cohabitation agreements, housing rights and land ownership are explored, since
they are areas core to the sustainability of the private law.
PROTECTION OF HUMAN RIGHTS IN SOUTH AFRICA – A LEGAL AND PRACTICAL GUIDE BY JC MUBANGIZI ISBN 9780702199172 PUBL JUTA 2ND ED 2013
The updated second edition provides useful information about international human rights norms
and their relevance to South Africa. Considering the interplay between international and domestic
human rights standards, the book explains and explores how the South African Constitution
protects human rights. The material is presented in a coherent and accessible style to facilitate
the understanding of the past, present and future of human rights protection in South Africa and
Preface to the second edition
International protection of human rights
International human rights norms and the South African legal system
The South African Constitution and human rights
The South African Bill of Rights – selected civil and political rights
The South African Bill of Rights – selected social, economic and cultural rights
Transitional justice for the victims of past human rights violations: the global context - by Andreas O’Shea
Transitional justice for past human rights violations in South Africa - by Andreas O’Shea
Appendix: The Bill of Rights (chapter 2 of the South African Constitution, Act 108 of 1996)
List of acronyms
Table of cases
Table of statutes
AFRICA JOURNAL OF COMPARATIVE CONSTITUTIONAL LAW BY MK MBONDENYI ETAL ISSN 2519-5603 ANNUAL PERIODICAL PUBL BY JUTA
Issue 1, 2016
Befriending the Judiciary: Behind and Beyond the 2016 Supreme Court Amicus Curiae Rulings in
Uganda - J Oloka-Onyango and Christopher Mbazira
Constitutional Dilemmas in the Recovery of Corruptly Acquired Assets in Kenya: Strengthening
Judicial Assault on Corruption - Tom Kabau
Accommodation and Altercation: The Challenge of Legal Pluralism in India and South Africa -
Another Perpetuation of Incumbency through the Supreme Law: The Conceptualisation of the
Presidency under the 1995 Constitution of Uganda - Fredrick Sekindi
Global Constitutionalism in the Context of the Third World: Remarks in Pursuit of a New Paradigm
- Aydin Atilgan
Of Interest and Benefit to:
AFRICA NAZARNENE UNIVERSITY LAW JOURNAL BY AFRICAN NAZARENE UNIV AUTHORS ISSN ANULJ001 PERIODICAL 2 ISSUES/ANNUM PUBL JUTA
The Africa Nazarene University Law Journal (ANULJ) publishes academic contributions which are
relevant to Africa from an international and comparative law perspective. Special focus is given to
Africans and scholars of Africa, who are interested in African research and development. The
journal is the product of the Africa Nazarene University Law School, based in Nairobi, Kenya in
partnership with Juta Law. With an esteemed editorial board and international advisory board,
ANULJ has the backing of the foremost African and international scholars in the field.
Of Interest and Benefit to:
Lecturers of criminal law, international law, human rights, politics
Practitioners of international law, human rights and regional interests
VULNERABLE CHILDREN IN SOUTH AFRICA: LEGAL, SOCIAL DEVELOPMENT AND CRIMINOLOGICAL ASPECTS BY R SONGCA ETAL ISBN 9781485118091 PUBL JUTA 1ST ED 2016
Vulnerable Children in South Africa: Legal, social development and criminological aspects
analyses the legal, social development, criminological and penology issues that affect vulnerable
children and children who are in conflict with the law.
The book adopts a multi-disciplinary approach to the topic and considers vulnerability within both
the family and broader societal structures. The book addresses the needs of children as victims a
nd children as perpetrators of harm. The book takes a holistic view of vulnerability in childhood
and addresses a wide variety of issues, including the nature and potential legal impact of harmful
Vulnerable Children in South Africa also describes the causes and effects of vulnerability in
childhood and emphasises the multi-disciplinary aspects of working with such children as victims
The authors concentrate on the processes that apply to the work of various professionals: police officers, lawyers, social workers, probation officers and correctional officers. The Child Justice Act 75 of 2008, the Children’s Act 38 of 2005 and the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 are among the Acts that are discussed.
Written by former police officers, criminologists, penologists, lawyers and experts in the area of children’s rights, the book is designed to be practical in nature and is supplemented by forms and documents relevant to working with vulnerable children.
THE LAW OF LANDLORD AND TENANT BY SUE-MARI VILJOEN ISBN 9781485118893 PUBL JUTA 1ST ED 2016
The Law of Landlord and Tenant revisits the law of landlord and tenant in light of the constitutional
context to determine how this area of law has developed, especially since the pre-1994 era, to
further constitutional goals. The purpose of the volume is to place legislation, case law, academic
analysis and policy considerations in the context of the constitutional framework within which
private law rights are acquired, exercised and transferred or lost, but also add to existing
academic commentary some sections of foreign law where the comparison might provide insight
to the South African landlord-tenant context.
THE LAW OF SERVITUDES BY AJ VAN DER WALT ISBN 9781485109730 PUBL JUTA 1ST ED 2016
The last monograph to be dedicated exclusively to the law of servitudes in South African law was
the 1973 edition of Hall & Kellaway: Servitudes. Since then, interesting regulatory and
constitutional issues have arisen in servitude disputes.
The Law of Servitudes covers the traditional areas of the law relating to servitudes, such as the
nature and characteristics of servitudes, the acquisition of servitudes, the relationship between the
servitude holder and the landowner (including remedies available to either party), the termination
of servitudes, and includes separate chapters on praedial servitudes, personal servitudes, and
statutory and public servitudes.
The Law of Servitudes seeks to establish the current state of the law, seen in the context of its
historical development in South Africa, as well as to consider the current position with reference to
the effect of the Constitution on the development of private law.
Of Interest and Benefit to:
Academics and students
INDIRECT TAX, JUTA’S 2017 BY THE JUTA’S 2017 BY JUTA’S LAW EDITORS ISBN 9781485119104 2ND ED 2017
Juta’s Indirect Tax is a consolidated comprehensive source of current and pending indirect tax
Acts. Relevant promulgated and proposed amendments are incorporated, updated as envisaged
by the 2016 legislation (Revenue Laws Amendment Act 2 of 2016 and 2016 Amendment Bills) as
at 1 January 2017. Juta’s prelex and pendlex enable the reader to view the legislative history. This
publication is available annually in January.
Of Interest and Benefit to:
Accountants and chartered accountants
Tax lecturers and students
PULP GUIDE – WHERE TO PUBLISH ARTICLES ON THE LAW BY SIRLEYANN GILMORE ED ISBN 9781920538644 PUBL PULP SA 2017
This PULP guide contains a selection of academic law titles that are currently found in the
accredited journal lists from the Department ofHigher Education, South Africa. Articles published in these titles will qualify for a subsidy from
DHET. This is a guide only and is not meant tobe comprehensive. A subject index to all the journal titles in this booklet begins on page 103.There are currently 6 lists from the DHET:
VAT: AN INTRODUCTION BY M BOTES ISBN 9781485118473 PUBL JUTA 1ST ED 2016
VAT: An Introduction initiates students and practitioners into the South African value-added tax
(VAT) system by guiding them through the basic principles of the Value-Added Tax Act 89 of 1991
(VAT Act). It covers the processes to be followed when dealing with VAT and sheds light on the
most important case law and VAT legislation.
Complex concepts and the key objectives and principles of the VAT system are explained simply
and clearly, without using unnecessary jargon. This makes VAT: An Introduction suitable for
anyone who has to apply basic VAT principles in a business environment or provide general VAT
advice and assistance.
The book is also an excellent study guide for students. It will help students understand the
mechanics of the South African VAT system and the practical implications of VAT. Students and
practitioners will find the revision questions at the end of each chapter useful to test their
understanding and knowledge of the fundamentals of VAT.
Of Interest and Benefit to:
South African Revenue Service
AFRICAN YEARBOOK ON INTERNATIONAL HUMANITARIAN LAW BY G ABRAHAM ETAL ISBN AYIHL ANNUAL PERIODICAL PUBL JUTA
The African Yearbook of International Humanitarian Law (AYIHL) is an annual legal journal which
aims to promote interest and research in International Humanitarian Law and Policy. The AYIHL
provides an attractive and positive forum for publications on all aspects of International
Humanitarian Law of relevance to Africa and African academics.
Through its encouragement of interest and research in the area, the publication contributes to the
prevention of violations of international humanitarian law.
Of Interest and Benefit to:
Academics and practitioners in the field of International Humanitarian Law.
A CYCLE OF NATURE BY EGGLETON J ISBN 9781485116080 PUBL JUTA 1ST ED
About this Publication:
Fiction and non-fiction books based on the principles of reciprocal teaching. In this approach,
students work in small independent groups to develop comprehension and oral/language skills.
Connectors follows the same structure as Into Connectors, with more targeted and detailed
ontent to suit the developmental maturity of the students. Recommended for Students 10+ years
CIVIL SOCIETY AND INTERNATIONAL CRIMINAL JUSTICE IN AFRICA: CHALLENGES AND OPPORTUNITIES BY S WILLIAMS ISBN 9781485118596 PUBL JUTA 1ST ED 2016
Recent decades have witnessed an increased role for civil society in international law making and
the development of international institutions. The design, legal framework and establishment of the
International Criminal Court is a key example of this trend. Yet, once international institutions are
established, there are few opportunities and mechanisms for civil society to participate directly
within the formal proceedings of such institutions, with participation largely limited to states.
Nevertheless, civil society groups in Africa are seeking to utilise international and domestic legal
frameworks to pursue justice for international crimes committed around the continent and the
globe. Indeed, civil society organisations are already playing a key role in domestic international
criminal justice procedures in several African countries, with South Africa being a prominent
example, as well as before international criminal tribunals, including the International Criminal
The theme of Civil Society and International Criminal Justice in Africa is the contribution of African civil society organisations to international, regional and national international criminal justice mechanisms. This volume provides a number of perspectives on this theme, with contributions from academics, practitioners, and civil society representatives.
COMMENTARY ON THE CONSUMER PROTECTION ACT BY NAUDE T ETAL ISNB 9781485101499 PUBL JUTA LOOSE-LEAF UPDATABLE 2015
This commentary, written by a team of consumer law experts, provides the first comprehensive
review of the Consumer Protection Act 68 of 2008 – or ‘the CPA’ as it is commonly known. The
authors provide a detailed explanation of each section of the CPA and of the schedules to the Act.
Case law in the area of consumer protection is presented and analysed in a clear, concise manner.
Developments in consumer law internationally, where relevant to the CPA and other aspects of
consumer law in South Africa, are also discussed.
The arrangement of material is straightforward: each section of the CPA is reproduced and
commented upon in sequential order, beginning with section 1 ‘Definitions’. Chapter headings
are the same as those used in the Act. The Introduction, on the other hand, provides a more
general overview of the CPA in terms of its historical background, and offers separate commentary
on the impact of the Act on the law of contract and on franchising.
COMPLIANCE: PROTECTING YOUR LICENCE TO OPERATE BY P CHILWANE ELTAL INBN 9781485109006 PUBL JUTA 1ST ED 2015
Former US Deputy Attorney General Paul McNulty once said: ‘If you think compliance is
expensive, try non-compliance!’ The impact of non-compliance has serious consequences that
extend beyond Rands and cents. In a fast evolving legislative and governance landscape, many
executives are faced with the challenge of setting up compliance divisions within their
The increased demand for legal compliance within organisations has placed industry leaders in a
position where they have to evolve and restructure their business strategies to focus more on
ensuring compliance within a legislative framework.
Compliance: Protecting your Licence to Operate presents a strong business case for the
establishment of a compliance function within their organisation, with the aim of enabling an
enterprise-wide compliance management programme to protect their licence to operate.
CONSUMER LAW COMPLIANCE :THE NATIONAL CREDIT ACT, THE CONSUMER PROTECTION ACT AND THE PROTECTION OF PERSONAL INFORMATION ACT BY TENNANT SL ISBN 9781485108221 PUBL JUTA 1ST ED 2016
The National Credit Act, the Consumer Protection Act and the Protection of Personal Information
Act are three key pieces of consumer legislation aimed at suppliers, credit providers and
Consumer Law Compliance: The National Credit Act, the Consumer Protection Act and the
Protection of Personal Information Act brings the reader an accessible and invaluable aid to
understanding these laws in order to ensure compliance and mitigate risk. The book features
expert commentary and checklists, and where applicable, prescribed forms. It is written in
user-friendly, plain English, and its focus is on consumer protection, fairness and justice for all.
CORPORATE GOVERNANCE IN SOUTH AFRICA WITH INTERNATIONAL COMPARISONS BY T WIESE ISBN 9781485119579 PUBL JUTA 2ND ED 2017
The second edition of Corporate Governance in South Africa: With International Comparisons
addresses the changes in the corporate governance landscape in South Africa brought about by
the King IV Report on Governance for South Africa, 2016 and changes to several international
Corporate Governance in South Africa covers the following areas: the corporate governance
framework in South Africa, comparisons with various international corporate governance
frameworks, and contemporary governance issues. The book also offers a corporate governance
implementation guide. Examples of failed corporate governance practices, both local and
international, are provided throughout the book, seeking to illustrate the importance of effective
corporate governance practices by companies.
CRIME SCENE INVESTIGATION BY LOCHNER H ISBN 9781485106425 PUBL JUTA 1ST ED 2015
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
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.
CRIMINAL PROCEDURE LEGISLATIVE GUIDE BY JUTA LAW EDITORS ISBN 9781485119449 2ND ED 2017
The second edition of Criminal Procedure: Legislative Guide is intended for use by students
studying criminal procedure. The Guide is a useful collection of legislation that will assist students
with studying, exam preparation and the answering of assignments. The purpose of the Guide is to
equip students with the theoretical knowledge and applied skills, aptitudes and competencies
necessary to analyse and solve issues and disputes arising from the adjectival process of South
African criminal procedure as it applies to adult accused persons and child offenders.
A quick cross-reference guide to selected pages where the Acts are discussed in detail in the
following Juta books on criminal procedure: Joubert et al Criminal Procedure Handbook 12 ed
(2017), Swanepoel et al Criminal Procedure Workbook 2 ed (2016) and Kemp et al Criminal
Procedure Casebook 2 ed (2017).
ENVIRONMENTAL LAW AND LOCAL GOVERNMENT IN SOUTH AFRICA BY DU PLESSIS ISNB 9781485100508 1ST ED 2015
Environmental Law and Local Government in South Africa is the first work of its kind to extensively
analyse South African environmental law and policy for local government. This book meets an
important need in the area of environmental management.
This novel collection of theoretical scholarship and real-life examples presents different features of
the interface between local government and environmental law. Each chapter is accessible yet
detailed enough to be useful.
In the scope of this comprehensive work, 32 authors collectively answer the question: What is the
role of local government in moving South Africa towards a sustainable future, considering the
dictates and scope of environmental law?
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