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Everyone's Guide to South African Law

Everyone's Guide to South African Law

Essential information on a wide range of legal issues, from criminal offences to personal finances
Anderson, A.; Dodd, A.; Roos, R.
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Authors: Adriaan Anderson; Anelia Dodd; Rolien Roos
Publisher: Zebra Press
2nd edition, Cape Town 2006
ISBN: 9781770073166
Soft cover, 17x23 cm, 164 pages


Description:

This book is aimed at every South African who needs to know whether to obtain professional advice on a particular legal issue, or who simply wants to acquire a general understanding of the law.

The law affects us all, and even your most basic day4o-day choices and actions have legal implications. Yet few people have much knowledge of the law or understand complicated legal terminology - and lawyers' fees are beyond many people's reach.

his book will provide you with the necessary information on a wide range of legal issues that may impact on your daily life - at work, in the home, on the road, in the marketplace, and in the courtroom.

Everyone's Guide to South African Law:

• Guides you step-by-step through important legal procedures, such as taking someone to the Small Claims Court, getting a divorce or drawing up a will

• Tells you how to complete important forms, such as tax returns, life insurance and
UF-forms, and employment contracts

• Explains the implications of legal choices, such as marriage in or out of community of property, or starting a partnership vs. a close corporation

• Informs you what your rights are, and when they are being infringed - by an ex-spouse, your employer or the state

• Provides addresses, telephone numbers and websites of bodies that can assist you, such as the Legal Aid Board, FAMSA and the Public Protector

• Teds you when you need to consult a lawyer.

Written by experts specifically for the layperson, the book's everyday language is free of obscure legal jargon, ft is easily understandable, informative and essential for each and every household in South Africa.


About the authors:

Adriaan Anderson graduated BIuris and LLB from Potchefstroom University. He obtained his Masters law degree in Fundamental Rights from Pretoria University, and is currently practising as attorney, notary and conveyancer in Polokwane. For the past eight years he has also taught law at the University of the North, as well as being an instructor with the Polokwane School for Legal Practice.

Rolien Roos completed her BCom (Law) degree at Potchefstroom University, and thereafter her LLM at the Rand Afrikaans University (RAU). Rolien is an admitted advocate who is currently a senior lecturer at the Faculty of Law at Potchefstroom University. For the past eight years she has also been involved in practical legal training.

Anelia Dodd holds a BProc degree from the Free State University, as well as a Masters degree in Tax Law (UNISA). Anelia was admitted as an attorney and conveyancer in 1993, and in 1998 she was appointed director of the Polokwane School for Legal Practice. She focuses on the practical training of law graduates who want to join the legal profession.


Media Reviews:

Die Volksblad (Retha Fourie):
"'n Eenvoudige regshandleiding vir die man op straat - dis waarmee drie regsgeleerdes vorendag gekom het nadat hulle gereeld op sosiale geleenthede oorval is deur mense wat "net bietjie raad wil vra" oor dinge waarmee hy of sy elke dag te doen het. Regter Ephraim Makgoba het tydens die bekenstelling van die boek gesê hy verklaar dié boek "verpligtend" in elke huishouding."

Citizen Weekend Edition:
"For those of you who want to know more about law, this book is a must. For those of you who don't, it is a good read."

Drum Magazine:
"This may well be the most valuable book you'll buy all year."


Contents:

ABOUT THE AUTHORS
AUTHORS' NOTE

1. ACCESS TO THE LAW
The legal profession
Access to legal representation
Problems with lawyers

2. THE STATE AND YOU
THE LAW ON CRIME
Role-players in the criminal court
What happens when you report a crime?
What happens when you are accused of a crime?
What are your rights if you are charged with a crime?
Rights of the police
Bail
What happens during the trial of an accused?
DOS and don'ts in the courtroom
Sentencing
Appeal and review
Mercy or pardon
Parole
YOUR HUMAN RIGHTS
Who is bound by the Bill of Rights?
Limitation of rights
Methods to enforce human rights
Rights that are protected
INCOME TAX
Employees' tax (PAYE)
Standard income tax on employees (SITE)
Provisional tax
Non-governmental pensions
Avoidance or evasion?
Your annual tax return
Your assessment
OTHER FORMS OF TAX
Gifts and donations
Value added tax (VAT)
Capital gains tax
Import tax and customs duties
Insurance policies
ADMINISTRATIVE JUSTICE
Your rights
Enforcing your rights
ACCESS TO INFORMATION
Information held by public bodies
Information held by private bodies
EXPROPRIATION
LAND REFORM
Redistribution
Restitution
Security of tenure

3. YOUR FAMILY AND THE LAW
COHABITATION
Marriage vs. cohabitation
Drawing up a contract
GETTING ENGAGED
Consensus - the magic word!
Ending an engagement
GETTING MARRIED
Matrimonial property systems
Who can get married?
The ceremony
Who may perform a marriage?
The reception
How marriage changes your personal status
Ending of a marriage
DOMESTIC VIOLENCE
What is a 'domestic' relationship?
What is domestic violence?
How does the Domestic Violence Act help?
GETTING DIVORCED
The procedure
The consequences of divorce
Maintenance
Custody of children
CHILDREN
Children's rights
Child abuse
Abortion
Adoption
Children in trouble
Foster care
Children committing crime
Coming of age
Age requirements for various legal acts

4. EARNING A LIVING AND THE LAW
THE EMPLOYMENT RELATIONSHIP
Minimum conditions of employment
TRADE UNIONS AND COLLECTIVE BARGAINING
Membership and fees
Will it be worth my while to join a trade union?
Shop stewards
Union rights at the workplace
The union's right to information
Employer's organisations
Collective agreements
DISMISSALS
Fair and unfair dismissals
Retrenchment
Notice periods
Payment
Certificate of service
STRIKES AND LOCKOUTS
Strikes
Lockouts
Protected strikes and lockouts
Sympathy or secondary strikes
Picketing
Socio-economic protesting
Replacement or scab labour
DOMESTIC WORKERS
Requirements for the contract
Problems with domestic workers
FARM WORKERS
LABOUR DISPUTES
Internal dispute settlement
Workplace forums
The CCMA
The Labour Court and Labour Appeal Court
HEALTH AND SAFETY AT WORK
Health and safety representatives
Where do I complain?
Injuries at work
UNEMPLOYMENT INSURANCE
EQUALITY IN THE WORKPLACE
Discrimination
Testing
Affirmative action
Equal pay
Sexual harassment
Enforcing the Act
AIDS IN THE WORKPLACE
SKILLS DEVELOPMENT LEGISLATION
YOUR OWN BUSINESS
Forms of business
Taxation of businesses
Protecting your interests
Franchises
Buying an existing business Licences
Registration checklist
Finding finance
CORRUPTION

5. YOUR HOME
Buying and selling a home
Renting a home
Eviction
Trouble with neighbours

6. YOUR FINANCES
BANKING
Types of accounts
Types of transactions
All about cheques
Overdrafts
Interest and bank charges
Checking your statements
Telephonic or electronic banking
The Banking Code
Ombudsman for Banking Services
DEBT
When you are owed money
When you owe money
Bankruptcy
WILLS AND ESTATES
Drawing up a will
Estate planning
When someone dies
Small estates
INSURANCE
Life insurance
Short-term insurance
The Pension Fund Adjudicator

7. MOTOR VEHICLES
Licences
Offences
Motor vehicle accidents8. EDUCATION LAW
PRIMARY AND SECONDARY EDUCATION
Public schools
Safety at school
School rules and discipline
TERTIARY EDUCATION
Rules and discipline
If you cannot afford tertiary education
Quality assurance in education

9. CONSUMER LAW
CONTRACTS
Important legal terms
Important legal requirements
Contract of sale
Cash sales
Instalment sales
Lay-byes
Service agreements
Credit agreements
CONSUMER RIGHTS
Who is a consumer?
Justified complaints
Buying something voetstoots
How to complain
Where do you complain?
Trade organisations
Cash loans and microlenders
Complaints against the state
Using the media
Taking legal action
INDEX