Book Review: Workplace Law

• Jurisdiction: South Africa
• Pages: 405-406
• Date: 25 May 2019
• Author: EML Strydom
• Published date: 25 May 2019

BOOK REVIEWS/BOEKRESENSIES

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405

unlike that of prescription periods, merely bar the remedy without affecting

substantive rights or extinguishing obligations. He convincingly argues that the

conceptual differentiation between ordinary prescription periods and such

limitation periods rests on a rather shaky foundation, and demonstrates that

both periods are identical in nature and effect. These limitation or 'extraordinary'

prescription periods are infused only by different policy considerations involving

arguments for the privileged treatment of state and semi-state organs and

institutions. Most of these considerations are in any event now of doubtful

constitutional validity. The chapter includes a brief but thorough description of

the specific 'extraordinary' prescription periods in terms of various Acts,

including, importantly, the problematical Multilateral Motor Vehicle Accidents

Fund Act 93 of 1989. This section will no doubt prove to be a useful vade mecum

for the busy practitioner seeking an overview of this area of the law.

In addition to the discussion of and references to South African case law and

legislation, the work contains references to an impressive number of legal texts

and periodical articles, both local and foreign, providing a more than useful

starting point for those who wish or have to research a particular aspect further.

Of course, there are a few gaps. For example, in the field of shipping law,

although the author does mention and analyse (at 199-201) s 344 of the

Merchant Shipping Act 57 of 1951 (a section incidentally taken over from s 8 of

the British Maritime Conventions Act of 1911 and considered by the English

courts on numerous occasions), he does not refer to s 1(2) of the Admiralty

Jurisdiction Regulation Act 105 of 1983, art III-6 and

6bis

of the Hague-Visby

Rules in the Carriage of Goods by Sea Act 1 of 1986, or art 29 of the Warsaw

Convention in the Carriage by Air Act 17 of 1946, all of which are of crucial

importance in shipping and carriage litigation. Furthermore, the topic of

contractual (as opposed to statutory) limitation or prescription periods could,

in my view, also have been discussed, if only in broad outline, either in connection

with statutory limitation periods or in contrast to the waiver of prescription. But

omissions like these detract little from the overall value of Loubser's contribution.

Extinctive Prescription

is a well-constructed, thoroughly researched and eminently

readable text on an important area of our law. There ought to be a copy on the

bookshelf of every South African lawyer.

JP VAN NIEKERK

University of South Africa

Workplace Law.

2 ed. By John Grogan. Juta & Co Ltd, Cape Town.

1997. xxx & 273 pp. Price R130-00 (soft cover).

This is the second edition of Grogan's

Workplace Law.

The first edition was

published as recently as 1996. In the preface to the second edition the author

explains his reasons for publishing a second edition so soon after the first. He

points out that the first edition set out the main provisions of the Labour

Relations Act 66 of 1995 prior to its implementation. The second edition deals

with the Act as promulgated on 11 November 1996 and accordingly incorporates

amendments made to the Act in the course of 1996. It also includes cases reported

(1997) 9 SA Merc LJ 405

© Juta and Company (Pty) Ltd