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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

Protocol.

 

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.”

Jonathan Verschuuren

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

legal careers.

 

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

Goals.

 

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.

Contents Include:

Table of Cases

  • Part I: Selected general principles of the law of criminal procedure
  • A basic introduction to criminal procedure -  SE van der Merwe
  • The criminal courts of the Republic - JP Swanepoel
  • The prosecution of crime - SE van der Merwe
  • The right to legal assistance - GP Kemp
  • The accused: His or her presence as a party - GP Kemp
  • Part II: The criminal process
  • Phase one: Pre-trial criminal procedure
  • The exercise of powers and the vindication of individual rights – G Kemp
  • Securing the attendance of the accused at the trial - M Basdeo, T Geldenhuys and MG Karels
  • Interrogation, interception and establishing the bodily features of persons - M Basdeo, T Geldenhuys and MG Karels
  • Search and seizure - M Basdeo, T Geldenhuys and MG Karels
  • Bail and other forms of release -  SE van der Merwe
  • Pre-trial examinations - M Basdeo, T Geldenhuys and MG Karels
  • Phase two: The trial
  • Indictments and charge sheets - M Basdeo, MG Karels and JP Swanepoel
  • The trial courts - M Basdeo, MG Karels and JP Swanepoel
  • Arraignment and plea of an accused - JP Swanepoel
  • Miscellaneous matters relating to the trial - JP Swanepoel
  • Joinder and separation of trials - SE van der Merwe
  • Trial principles and the course of the criminal trial - SE van der Merwe
  • The verdict - SE van der Merwe
  • Phase three: The sentence
  • The sentence - SS Terblanche
  • Phase four: Post verdict and post-sentence remedies
  • Review - JP Swanepoel
  • Appeal - JP Swanepoel
  • Clemency and related powers - JP Swanepoel
  • Appendices
  • Schedules to the Criminal Procedure Act
  • Selected sections of the Constitution of the Republic of South Africa, 1996
  • References
  • References to The Criminal Procedure Act
  • References to The Child Justice Act
  • References to the Constitution of the Republic of South Africa, 1996
  • References to the Superior Courts Act
  • Subject index
  • Of Interest and Benefit to:
  • Judges
  • Magistrates
  • Attorneys
  • Lecturers and students of criminal procedure

 

 

 

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    

Categories

Labour Law

 

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:

Labour lawyers

HR managers

Trade unions

Line managers

 

OCCUPATIONAL HEALTH AND SAFETY ACT 83 OF 1993 AND REGULATIONS BY JUTA STATUTES EDITORS PUBL JUTA 1ST ED 2016

 

Categories

Labour Law

 

About this Publication:

Published annually, this title contains the Act and Regulations. It reflects the law as at 12 August

2016.

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

Safety officers

Trade unions

Employers and employees

Students and academics

Managers

Industry

 

 

 

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.

 

Pending amendments:

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.

 

Amendments side-by-side:

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

Medicines manufacturers

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

beyond.

 

Contents Include:

Preface to the second edition

Introduction

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

Selected sources

 

 

AFRICA JOURNAL OF COMPARATIVE CONSTITUTIONAL LAW BY MK MBONDENYI ETAL ISSN 2519-5603 ANNUAL PERIODICAL PUBL BY JUTA

 

Issue 1, 2016

Articles

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 -

Niharika Bahl

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:

Academics

Legal practitioners

 

 

 

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.

 

Contents Include:

Articles

Notes

Book reviews

 

Of Interest and Benefit to:

Students

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

cultural practices.

 

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

or offenders.

 

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:

Legal practitioners

Conveyancing attorneys

Estate agents

Academics and students

Libraries

 

 

 

 

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:

Tax practitioners

Tax attorneys

Tax managers

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 of Higher Education, South Africa. Articles published in these titles will qualify for a subsidy from

DHET. This is a guide only and is not meant to be 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:

Tax students

Tax practitioners

Tax consultants

South African Revenue Service

Accountants

 

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.

 

Contents Include:

Articles

Notes

Book Reviews

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

Court.

 

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

organisations.

 

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

responsible persons.

 

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

codes.

 

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

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.

 

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?

 

 

 

 

For pricing and further information, or to place your order, please contact

 

ANGIE ENGELBRECHT

 

083 279 6131 or thoroldslaw@icon.co.za

 

Kim Shuttle

0825515318 or kim@thorolds.com

Darran Shuttle - Key accounts manager

0818306652 or darran@thorolds.com

Angie Engelbrecht – Internal Sales Manager

083 279 6131 or thoroldslaw@icon.co.za

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