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This highly acclaimed guide, first published in 2002, has been thoroughly revised and updated. Practical advice on all stages of arbitration, from the pre-arbitration stage to the issuing of the award are covered as well as the basic legal principles concerning disputes over alleged unfair dismissal, the basics of the law of evidence and how to prepare for and present a case at arbitration. In addition to this there are sections on the pitfalls of the law of evidence, applications for condonation and reviews - these often being the very issues on which the Labour Court so often sees applicants in review applications being tripped up. Furthermore, a discussion on unfair labour practice arbitrations has been included. No labour law practitioner or trade union representative should be without this book.
Section 11(2)(k) of the Value-Added Tax Act 89 of 1991 provides for the zero-rating of a supply of services where the services are physically rendered outside the Republic. In this monograph, the author analyses that provision and other relevant sections of the VAT Act, with a view to determining whether it is possible to zero-rate 'imported services' falling within the ambit of section 7(1)(c) of the Act where work is performed outside the Republic but the product of that work (for example a computer program) is supplied to a South African consumer for use within the Republic otherwise than in the making of taxable supplies. The meaning of the word 'rendered' in section 11(2)(k) is determined in the light of the governing rules of statutory interpretation, after which the controversial decisions in ITC 1812 and Metropolitan Life Ltd v Commissioner for South African Revenue Service are subjected to detailed and penetrating analysis in order to assess whether section 11(2) as a whole can, contrary to those decisions, apply to 'imported services'.
Mediation in Family & Divorce Disputes is intended as a handbook for mediators and clients who are involved with family and divorce disputes. It distills 20 years' of priceless experience into a succinct and lucid handbook that will be invaluable to attorneys, mediators, social workers, pastors, psychologists and parties to disputes, helping clients to decide whether they would like to try to resolve their dispute through mediation and professionals to reflect on the fundamental principles and practical applications of their work. For mediators the book sets out to provide practical and theoretical guidelines for their work. The practice tips, further reading suggestions and references serve...
From 1 May 2011 company law in South Africa was dramatically altered: the 1973 Act which had governed companies for the life-times of most business people and lawyers in South Africa was replaced by the Companies Act of 2008, as amended in March 2011. A new era of company law dawned, and with it a host of new concepts, rights, remedies, obligations, procedures and sanctions were introduced. These fundamentally affect the way that every business operates and the advice and practice of every lawyer, accountant or other professional adviser. This book, the first to cover the new Act and the new regulations, provides the hand-holding, the insight, and the understanding that business and their advisers require in order not to be wrong-footed by the new regime.
This book is not merely a new edition, but a complete and significantly expanded rewrite. It comprises over 900 pages of expert and in-depth exposition of this complex subject that has become so important in the modern global economy. Already established over four previous editions as the pre-eminent work on the subject it is a 'must-own book' for all students and practitioners of tax, whether from a legal, business or accounting perspective. Professor Lynette Olivier and Michael Honiball are without peer in their understanding and clarity in this highly specialised field. Five new chapters have been added on: Taxation of individuals; Taxation of Companies and Dividends; Taxation of Partnerships; Cross-border VAT; and Interpretation of Statutes.
The fourth edition of this established and handy guide to the Rules of the CCMA reproduces the newly published Guidelines on Misconduct Arbitrations in terms of the Labour Relations Act, updates the law and commentary on the Rules, and also includes a useful Practical Guide for an Unfair Dismissal Claim in the CCMA. Furthermore, the book provides valuable insurance against tripping up on technicalities. It explains the Rules of the CCMA in non-legal language. Each Rule is fully reproduced and then explained in non-legal language, in line with the original aim of the CCMA - making it accessible to the layperson and freeing it from the legal technicalities that bedevilled the old Industrial Court. The book is intended both for commissioners and professionals, as well as for the non-professional user of the CCMA, as a guideline on how to tread in what is often perceived as the province of lawyers. It is therefore not a technical legal text, with references and citations.
This must-have title on employment law in South Africa brings a cool and calm perspective to the often bewildering world of employment relations. Looking at the practicalities of labour law, employment relations, and dispute resolution in an easy and clear manner, this title provides clear SOLUTIONS to the problems that line managers, HR/ER managers and employers are likely to encounter in the workplace. Written by two highly experienced practitioners in the field of employment law, employment relations and dispute resolution, EFFECTIVE WORKPLACE SOLUTIONS is an indispensable guide for anyone who plays an active role in the management of the modern South African work environment.
The book contains listings of well over 40 different publishers. There are useful resources for writers and publishers. The back of the catalogue contains articles and short essays about the publishing scene in mostly, but not only Anglophone Africa. There are also items and innovations that are of interest to writers, booksellers, publishers, librarians, and all of those who are interested in the world of African publishing and book development.
This humorous collection of stories from life at the Bar and on the Bench in the Cape takes a look back at four decades, starting at the end of World War Two and finishing with the arrival of democracy in South Africa. These tales and recollections, mostly from Bar members now in their 80s, show what an extraordinary time it was for lawyers. Also, remarkably, how much is of relevance to lawyers practising today.