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 … Read More

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 … Read More

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 … Read More

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 … Read More

Despite its title, this book encompasses far more than the traditional common law contractual relationship between landlord and tenant. The provision of housing, shelter, and “a roof over your head” for the homeless has become a critical political and socio-economic issue in South Africa’s new constitutional dispensation. For close to a century there has been state intervention in the housing … Read More

The 2007 United Nations Declaration on the Rights of Indigenous Peoples has brought to the fore the rights of indigenous peoples to the protection of their knowledge and culture. Established legal intellectual property systems, which view knowledge in terms of private individually-owned property rights that may be commodified in a market economy, are however inadequate to protect indigenous knowledge. It … Read More

It has been said that although South Africans achieved freedom under the Constitution of 1996, they nevertheless remain in bondage. Progress, for example through investment in property development, housing and infrastructure, inevitably requires credit, and creditors require their rights to be secured in the event of default. This may be achieved in a number of ways including mortgage bonds, notarial … Read More

Servitudes are limited real rights in the property of another person. They have their origins in ancient systems of feudalism. That is why many servitudes are agricultural in nature – a right of way across the land of another, the right of the dominant owner to graze or water his livestock on the land of the servient owner, or the … Read More

Globally, Value Added Tax (VAT) has become the most common indirect transaction tax system, since France implemented the first version of a VAT system in 1948. VAT in South Africa currently provides 25.6% of government’s tax revenue. VAT is levied in terms of the Value-Added Tax Act 89 of 1991 (as amended). It potentially affects everything that happens during the … Read More

The theme of this collection of 13 essays is the contribution of African civil society organisations to international criminal justice mechanisms. This includes the International Criminal Court (ICC), as well as regional and national institutions. 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 … Read More

This established work on criminal law incorporates major judicial pronouncements in recent cases on important aspects of the subject, including treason, common purpose liability, robbery with aggravating circumstances, racketeering, consensual child sexual experimentation and dolus eventualis (indirect intention). Significant new and amended legislation is also dealt with, such as the Prevention and Combating of Trafficking in Persons Act of 2013, … Read More

The law of evidence is fundamental to the effective functioning of a judicial system in a constitutional state. The authors of this magisterial book set the context: “Courts normally have to make a finding concerning the existence or non-existence of certain facts before pronouncing on the rights, duties and liabilities of the parties engaged in a dispute. In this process of … Read More

What is a derivative action? A company is a juristic person capable of suing and being sued in its own name. Consequently, when a wrong is done to a company, the action is brought by the company itself and not by its shareholders. But a derivative action is an exception to this rule. It is brought by a minority shareholder … Read More