This article consists of three parts. In the first part the reasons for introducing the Wohnungseigentumsgesetz will be compared with those which led to the introduction of the Sectional Titles Act. The aim of this comparison is to provide a background for certain peculiar provisions of each statute. In the second part the dogmatic construction of both statues, which also accounts for certain specific provisions, will be compared. In the last section a comparison will be drawn between the ways in which certain particular aspects are regulated by the two statutes.
There is a surprising unanimity both in common law jurisdictions and in Roman-Dutch jurisdictionsof South Africa and Ceylon that questions relating to custody of children in disputes involving the two parents should be determined in the light of the principle that custody should be given to the parent whose custody will best serve the interests of the child concerned.
The problems of Hillbrow, Sunnyside and Sea Point are by no means novel or unique, there is plenty of evidence of this throughout the world.The author is convinced that an account of the remedies suggested forcity problems in West Germany - as outlined below - will be of interest to the South African legal community, for sake of comparison if nothing else.
There has been a spate of controversy over the past several years concerning the method of investigation that ought to be employed by lawyers and anthropologists engaged in researching the primitive law of Africa. The doubts and disagreements are largely the results of a failure to realize that the two competing methods of investigation now in use, viz, the rule directed interview and the trouble-case methods, are the logical outgrowths of positivism and legal realism respectively, and that until certain ""fundamental questions"" of theory have been answered, there will be no resolution.
The question of the justiciability of foreign policy matters in England and countries sharing her constitutional tradition, such as South Africa, can only be understood in the light of the history of the royal prerogative in general. The Republic of South Africa Constitution Act 1961 puts some of the executive's powers in the sphere of conducting foreign affairs into statutory form, but in a way which leaves no doubt that it merely codifies pre-existing law.