Civil Procedure in South Africa

Civil Procedure in South Africa
Author: Roshana Kelbrick
Publisher: Kluwer Law International B.V.
Total Pages: 219
Release: 2021-11-21
Genre: Law
ISBN: 940354063X

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in South Africa. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in South Africa will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.

Practitioner's Guide to Medical Malpractice in South African Law

Practitioner's Guide to Medical Malpractice in South African Law
Author: Ian Dutton
Publisher: Siber Ink
Total Pages: 156
Release: 2015-06-22
Genre: Law
ISBN: 1920025952

The purpose of this book is to set out the fundamental principles governing the law of medical malpractice in clear and understandable terms, so that those principles can be applied in daily practice. The intersection of the fields of medicine and the law produces formidable challenges. For the lawyer, the applicable legal principles and issues are as intellectually and professionally demanding as encountered in any field of the law. For the medical practitioner, there is at present an obstructive uncertainty and anxiety about the legal rules which apply, and the health professions accordingly feel under siege. Added to this is the formative role that government and civil society plays in considering and assimilating into our legal system profound policy considerations affecting our most intimate interests. This book addresses these issue clearly and comprehensively.

“Beggars on our own land …” Tsumib v Government of the Republic of Namibia and its Implications for Ancestral Land Claims in Namibia

“Beggars on our own land …” Tsumib v Government of the Republic of Namibia and its Implications for Ancestral Land Claims in Namibia
Author: Willem Odendaal
Publisher: BASLER AFRIKA BIBLIOGRAPHIEN
Total Pages: 274
Release: 2024-04-15
Genre: Social Science
ISBN: 3906927601

In 1954, the Hai||om people were evicted from Etosha by the South African-controlled South West African Administration. In 2015, the Hai||om filed the case of Tsumib v Government of the Republic of Namibia in the High Court of Namibia. “Beggars on our own land …” unravels the historical and contemporary socio-legal complexities that led to the Tsumib case. At the core of the case lies the legal question, how can the Hai||om people approach the Namibian Courts in order to claim compensation for the loss of their ancestral lands?Odendaal goes into detail how the Tsumib case materialised under the post-independence Namibian constitutional discourse. He assesses the Namibian land reform programme and its oversight in dealing with historical land dispossessions. He inspects Hai||om “identity” and how it was used to strengthen their case. He concludes with an examination of Namibia’s outdated and restrictive legal framework, which ultimately denied the Hai||om people their constitutional right to be heard in the Namibian Court. While the future of ancestral land claims in Namibia depends on the political will of the Namibian government, Odendaal argues that the Namibian courts have a duty to comply with the rights giving nature of the Namibian Constitution that lays the foundation for the Hai||om people’s ancestral claims.

Introduction to Law and Legal Skills

Introduction to Law and Legal Skills
Author: Tracy Humby
Publisher: OUP Southern Africa
Total Pages: 0
Release: 2013-01-10
Genre: Law
ISBN: 9780195994636

The text provides a general introduction and overview of legal history and basic legal concepts, with associated, contextualised legal skills.

Public Interest Litigation in South Africa

Public Interest Litigation in South Africa
Author: Jason Brickhill
Publisher:
Total Pages: 436
Release: 2018-08-31
Genre: Law
ISBN: 9781485128168

Public Interest Litigation in South Africa offers grounded accounts - by leaders in the field - of the campaigns, cases, and causes that have defined key areas of public interest litigation in the country since the constitutional transition. The authors share their perspectives on the struggles led by people, communities, activists, and civil society organisations to realise the vision of the Constitution. The book shares the legal narratives of those particular struggles in the hope that this will contribute to the broader continuous struggle for social justice. Part One of the book considers the history of public interest litigation, the public interest sector today, public interest litigation in the context of international law, the ethics and politics of public interest litigation, and procedure. Part Two addresses public interest litigation in key areas of law: property rights, gender, basic services, health care, LGBTI equality, children's rights, basic education, freedom of expression, access to information, and prisoners' rights. Public Interest Litigation in South Africa seeks to share more of the stories of what has been achieved in the courts, beyond the well-trodden, landmark appellate decisions, as a contribution to informed and critical engagement.