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35 De Jure 189 (2002)
Essential Social Security Law (EML Strydom, et al)

handle is hein.journals/dejur35 and id is 193 raw text is: Boekbesprekings/Book reviews 1 89 This sad state of affairs has led to misconceptions, some of which also appear in the work under discussion. As an example, the South African bail process is not of English origin (see par 2 of the guide). The earliest roots of bail can be traced back to the legis actio-procedure under Roman law where the summoned party could guarantee his appearance in jure in the form of a vindex or his reappearance in iure by way of vadimonium. Roman-Dutch principles were applied following the occupation of the Cape in 1652 by the Dutch East India Company. After the second British occupation in 1806 English law was introduced. As a result a system began to develop that embraced elements of both these systems. Our principles therefore stem from Roman, Roman-Dutch and English roots. Also, while the author is, I submit, correct in arguing that the presump- tion of innocence should not be confined in its application to the trial process, the contention that our courts will give an extended meaning to section 35(3)(h) of the Constitution in the Canadian fashion is misdirected (see ch 3 of the guide). Under Canadian law it is the common-law pre- sumption of innocence that protects the fundamental liberty of every person that comes into contact with the criminal justice system. Section 11(d) of the Canadian Charter ensures that it operates at trial. It is there- fore the common-law presumption of innocence that operates through sections 12 and 35(1)(f) of the Constitution that provides protection during the bail hearing. (As to the last two paragraphs see Du Plessis Aspekte van Borgtog: 'n Regsvergelykende Studie (unpublished LLD thesis 1990 Unisa) and my unpublished LLD thesis Problematic Aspects of the Right to Bail under South African Law: A Comparison with Canadian law and Proposals for Reform 2000 University of Pretoria.) However, leaving issues such as these aside, I am of the opinion that the guide is a valuable tool in the hands of practitioners in the day to day dealing with bail matters. WIUM DE VILLIERS University of Pretoria Essential Social Security Law By EML STRYDOM, PAK LE ROUX, AA LANDMAN, MA CHRISTIANSON, OC DUPPER, P MYBURGH, FS BARKER, CJ GARBERS, AC BASSON Juta Cape Town 2001 304 pages Price: R198,50 In the preface the authors point out that this book examines the law that regulates South Africa's social security system. This would be an accurate description of the aim of the book as it deals systematically and concisely with all the relevant legislation. Since social security law is a relatively new field of law in South Africa, the need for such a book is obvious.

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