Notice: Undefined variable: wc_request in /var/www/fwbattorneys.co.za/www/html/wp-content/plugins/wp-dbase-cache/wp-cache-main.php on line 140 Fairbridges Wertheim Becker - Attorneys

Latest News

Property in Minerals and Petroleum by E van der Schyff- Reviewed by FWB's Louis Rood

This book is a ground-breaking and comprehensive evaluation of the entire

sphere of mineral and petroleum law as it has evolved and been reformed in

South Africa. The interconnection of property law with mineral and petroleum

law and changing concepts of property and land ownership compelled by

constitutional imperatives is analysed and set out in detail.

The author sets the context:

“The importance of South Africa’s mineral and petroleum resources as a

significant contributor to the country’s economy and overall prosperity is

indisputable.”

The distinguished author and Professor of Law at North-West University,

Elmarie van der Schyff BA LLB LLM LLD, deftly takes the reader through the

Common-law principles that shaped mineral and petroleum law in South Africa,

dealing with many complex aspects such as conflicts of interests, co-holders of

mineral rights, the mining of mixed or associated minerals, unlawful extraction

of minerals and the severance of rights to minerals from ownership of land.

Earlier legislation such as the Minerals Act 50 of 1991 is explained, all leading

to the Mineral and Petroleum Resources Development Act 28 of 2002

(MPRDA). A separate chapter deals with the objects of this crucial act, and the

magisterial analysis by the author of the state-custodianship concept within a

constitutional context. The nature of mineral and petroleum rights in a

regulatory regime in which such rights can now be acquired, transferred or lost

is clarified.

“Different measures are incorporated in the MPRDA to facilitate the

balancing of interests of all potential stakeholders. Ample provision is

made for public participation. The nation’s interest is paramount in a

state custodianship model and the legislature has striven to ensure that

the nation’s mineral and petroleum resources are not exploited by a few,

against the interests of the South African nation.”

Core aspects are covered such as the issue of permits and granting of

exploration rights, reconnaissance permissions, prospecting rights, production

rights, residue deposits and residue stockpiles.

The author points out that right holders do not acquire an unrestrained freedom

to exercise their rights arbitrarily. When rights to minerals or petroleum are

obtained, right holders do not only acquire entitlements. A host of

responsibilities and obligations accompany the granted rights.

Very instructive separate sections throughout the text deal with relevant foreign

law, including the laws of Ghana, Kenya, Namibia, England, Canada and

Australia. Local and foreign legislation and case law is tabled, footnotes are

meticulously assembled, the entire text is indexed, and an extensive

bibliography shores up the academic and practical value of this work, as does

the separate listing of internet sites.

Publishers’ Juta and the author have produced a significant addition to the

already impressive Juta’s Property Law Library. Given the critical importance of

the mineral and petroleum industry economically and politically, and the social,

environmental, labour, health, energy, infrastructure and other implications of

commodities such as minerals and petroleum, this impressive exposition will

be widely welcomed.

 

Read More >

Criminal Procedure Casebook by Kemp, Watney and Terblanche- Reviewed by FWB's Louis Rood

First published in 2010, this second edition of Criminal Procedure Casebook

combines in an essential toolkit a selection of 102 of the leading judgments of

our courts that illuminate the most important processes and principles of

South African criminal procedure.

Legal practitioners and judicial officers will welcome the bilingual approach

adopted. Each judgment extract is preceded by a summary of the case facts in

English and Afrikaans. These extracts are followed by notes commenting on

the judgment, in both Afrikaans and English. These brief but critical notes deal

with the judgement in its proper context, explaining the relevance and

importance of the judgment. All Afrikaans judgments and Afrikaans quotations

in English judgments are accompanied by an English translation.

 

This smörgåsbord of cases can effectively be used as a companion to Juta’s

Criminal Procedure Handbook (12th edition) edited by Prof J J Joubert.

Separate chapters include cases dealing with every stage of the criminal

process, including arrest, bail, plea and sentence agreements, sentencing,

review and appeal. This edition also deals with topics such as undue delays in

criminal matters, child justice, the accused’s capacity to understand and

comprehend proceedings, and the impact of international co-operation in

criminal matters.

The co-authors, all Advocates of the High Court of South Africa, are Gerhard

Kemp BA LLB LLM LLD ILSC, Professor of Law at Stellenbosch University,

Murdoch Watney BA LLB LLM LLD, Professor and Head of the Department of

Law at the University of Johannesburg, and Stephan Terblanche B Iuris LLB LLD,

Professor of Law in the Department of Criminal and Procedural Law at the

University of South Africa. Their individual and combined expertise, all

marshalled with the finesse of legal publisher Juta, has produced a true go-to

resource in the dynamic and ever-evolving field of criminal procedure. It has

been said that in criminal law How is as important as What. This casebook goes

to the heart of that truism.

 

Read More >

Law of Persons by T Boezaart- Reviewed by FWB's Louis Rood

Every individual person is unique in personality, humanity and being. Yet we all

have much in common. We are conceived, we are born, we live and we die.

This book, now in its sixth edition, deals concisely but comprehensively with all

aspects of the law relating to persons, from legal capacity to domicile, from the

protection of the interests of the unborn, to the rights of minors, from the status

of children conceived by artificial fertilisation to the effect of mental illness.

Trynie Boezaart BA LLB LLD, Professor of Private Law at the University of

Pretoria, has authored this work from the publication of its first edition in 1995.

She is an Advocate of the High Court of South Africa, founder of the Centre for

Child Law at the University of Pretoria, and has served as an Acting Judge of

the High Court. She edited Child Law in South Africa (Juta 2009), and is the

author of the companion to this book, Law of Persons Sourcebook (6th Edition,

Juta 2016).

The transformation of the law of persons is an ongoing process, reflecting

cultural and societal changes. The author expertly addresses these

developments and analyses many pertinent issues such as the parental

responsibilities and rights of unmarried fathers regarding their children. Wellorganised

chapters discuss not only the care and maintenance of children, but

also adoption, birth control, medical treatment and operations, marriage and

much more.

The wealth of academic, professional and practical experience of the learned

author makes this an exceptionally useful textbook. It includes extensive

footnotes, tables of relevant cases and applicable statutes, including the

Uniform Rules of Court, a valuable bibliography and a detailed index. Short

summaries, highlights, and the way the subject matter is placed within the

broader context of private and public law, deftly illuminates the content.

 

The Law of Persons is also available in Afrikaans as Personereg. It will be

welcomed by students, legal practitioners, and all tasked in the private and

public sector with the many aspects of the protection, care, administration and

advancement of children, dependants, parents and families in need of social,

medical, educational and specialised general support.

 

The distinguished author and publishers Juta are to be commended for

continuing to produce an ever-valuable resource in this critical area of law.

 

Read More >

Commercial Mediation, A User's Guide by Brand, Steadman & Todd- Reviewed by FWB's Louis Rood

Many litigants can testify bitterly to the costs, complexity, risks, uncertainty and

unforeseen consequences of traditional litigation. Particularly in commercial

disputes where the parties often require swift finality and certainty, it is not

surprising that mediation has emerged in many jurisdictions as a valuable and

effective option to resolve disputes.

As the co-authors of the updated second edition of this practical handbook

point out, “…there is already a rich body of law and of practical and theoretical

literature to draw on from other jurisdictions.” The clear, concise and userfriendly

text draws on these resources and the personal experience of the coauthors,

all seasoned practitioners, authors and commentators on labour,

employment and alternative dispute resolution.

 

The processes that take place before and during commercial mediation are

explained. The different types of consensus-seeking approaches and the key

principles of mediation are analysed. Expert guidance, sensible advice and a

sure feel for defusing, constructively channelling and managing the emotions

which are often present in disputes are insightful and reflective of the potential

for achieving balance and voluntary agreement inherent in mediation.

The ten chapters logically take the reader through every stage of the mediation

process. Specimen agreements to mediate are provided as well as specimen

contract provisions for mediation and arbitration. Explanatory diagrams

illustrate the text, footnotes are sensibly kept to essentials, the index is

comprehensive, each chapter is separately summarised, 49 South African

statutes which provide for mediation are listed, the rules regulating the conduct

of proceedings related to mediation in the Magistrates’ Courts are appended,

and useful references to further reading on the subject are included.

The entire package is a mediation toolkit simply but subtly designed and

refined for effective use.

“This book should be accessible to business people, government officials,

community leaders and lawyers who are involved in mediation. I hope that

people in all these areas will embrace the opportunities that mediation has to

offer. When they do, they will find in this book an invaluable guide in that

process.”

-Deputy President Cyril Ramaphosa

 

Read More >