News and Commentary
Book Review: The Law of the Sea
The African Union and its Member States Editors: Patrick Vrancken and Martin Tsamenyi (867 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za "On life's vast ocean diversely we sail, Reason the card,...
Book Review: Child Law in South Africa (2nd Edition)
Edited by Trynie Boezaart (853 pages) Juta & Co (Pty) Ltd - www.juta.co.za "Child! do not throw this book about; Refrain from the unholy pleasure Of cutting all the pictures out! Preserve it as...
Fairbridges Wertheim Becker: Breaking News
TerraLex worldwide network of independent law firms selected as Global Network of the Year 2018. Fairbridges Wertheim Becker, the exclusive South African member since 1999 of the international...
Medical band-aid: It is not every payment made in error that entitles the mistaken party to recover payment
The Supreme Court of Appeal has upheld a High Court judgment in Gauteng ordering a service provider to repay Medshield Medical Scheme over R6 million wrongly paid to it by Medshield in the mistaken...
Fairbridges Wertheim Becker ranked top law firm in the Western Cape
The independent rating agency PMR.africa (Professional Management Review) has announced that Fairbridges Wertheim Becker has earned the 2018 Diamond Arrow Award for achieving the highest rating of...
Risk and Reward: Duties and Obligations of Financial Service Providers
The High Court has ordered a financial adviser to pay back to her the R2 million a widow invested on his advice, plus interest and costs because he failed to exercise the reasonable standard of care...
Droughts and Floods – what a local municipality must do
While the Western, Eastern, and Northern Cape Provinces suffer the ravages of climate change as water resources dry out, in other areas of South Africa flooding causes its own havoc....
No smoke without fire: We review Dr John Grogan’s third edition of his important employment law book Dismissal
DISMISSAL (Third Edition) By John Grogan (805 pages) Juta & Co (Pty) Ltd | www.jutalaw.co.za "Even I regained my freedom with a sigh." - Lord Byron (1788 – 1824) In American television reality...
The Law of Evidence Cases and Statutes by SS Terblance with BC Naudé
Reviewed by Louis Rood. An understanding of the principles of the law of evidence and how they are interpreted and applied in practice is essential to the proper functioning of our courts. Twenty...
Book Review: Criminal Procedure Legislative Guide by Juta Law Editors
Reviewed by Louis Rood. Primarily aimed at students of criminal procedure, this comprehensive guide to the legislation framing criminal procedure in South Africa will also be welcomed by legal...
Law of Persons Sourcebook by Trynie Boezaart
Reviewed by Louis Rood. The law relating to persons in South Africa, in all its complexity, diversity and intricacy has undergone significant constitutional reform, and continues to develop and...
Book Review: Criminal Procedure Handbook by J.J. Joubert
Reviewed by Louis Rood. This comprehensive introduction to the fundamental principles and values underlying the rules that apply in criminal cases is an indispensable guide to this area of law. The...
Book Review: Property in Minerals and Petroleum by E van der Schyff
Reviewed by 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...
Book Review: Criminal Procedure Casebook by Kemp, Watney and Terblanche
Reviewed by 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...
Book Review: Law of Persons by T Boezaart
Reviewed by 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...
Book Review: Commercial Mediation, A User’s Guide by Brand, Steadman & Todd
Reviewed by Louis Rood. Many litigants can testify bitterly to the costs, complexity, risks, uncertainty and unforeseen consequences of traditional litigation. Particularly in commercial disputes...
Book Review: The Law of Landlord and Tenant by Sue-Mari Viljoen
Reviewed by Louis Rood. 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...
Book Review: Indigenous Knowledge & Intellectual Property by C Ncube and E du Plessis
Reviewed by Louis Rood. 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...
Real Security Law by R Brits
Reviewed by Louis Rood. 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...
Book Review: The Law of Servitudes by A.J. van der Walt
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...
VAT – an introduction by M Botes
Reviewed by Louis Rood. 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...
Book Review: Civil Society and International Criminal Justice in Africa by H Woolaver & S Williams
Reviewed by Louis Rood. The theme of this collection of 13 essays is the contribution of African civil society organisations to international criminal justice mechanisms. This includes the...
Book Review: Principles of Criminal Law by J Burchell
Reviewed by Louis Rood. This established work on criminal law incorporates major judicial pronouncements in recent cases on important aspects of the subject, including treason, common purpose...
Book Review: Principles of Evidence (4th Ed) by P.J. Schwikkard & S.E. Van der Merwe
Reviewed by Louis Rood. 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...