It is widely recognised that some of the ideas incorporated in the South African Sectional Titles Act, especially the manner of calculating the participation quota, were drawn from Israeli condominium legislation. The purpose of this article is to discuss this and other similarities as well as the differences between the two statutes. Where possible, different approaches to the same practical problems are compared and evaluated. At the outset the historical background to each enactment and the reasons for introducing condominium are outlined. Thereafter, before comparing specific provisions of the two enactments, the dogmatic structure of the system of condominium adopted by each of these enactments are examined.
This article covers the history and general context of Lord Denning's views on unrecognised governments in the conflict of law. The article includes his judgments in the cases In re James (an insolvent) (Attorney-General intervening) (1976), and Hesperides Hotels Ltd v Aegean Turkish Holidays Ltd ( 1977).
In 1972 Swaziland enacted the Land Speculation Control Act with a view to effecting greater control and monitoring over external purchases of Swaziland and other lesser interests therein. The legal, business and accounting communities were profoundly disquieted by the provisions of the Act. Interviews conducted during the period between June and September 1980 revealed persistent intense feelings in business and legal circles regarding the operational effects of the Act. In this context, this article examines the Land Speculation Control Act. The article has a number of objectives in doing so: it seeks to bring the analysis of the Act back to the origins of property law and relations in Swaziland as a pointer to the structural factors and actor goals which underlie the Act.
In this paper the author compares the original branches of the Civil Law group and Common Law group. The reason being that, with relatively few exceptions, these are the systems that have been exported to Africa and which still dominate the African legal scene. Therefore, when I refer to the Civil Law, I have Western Civil Law in mind, and when I refer to the Common Law, English law serves as the prototype. Of course, the comparative law discipline should not stop at classifying laws but should also assist in comparing them in detail. The comparison of laws, subsequent to their classification, constitutes the field of micro-comparative law.
In this contribution the current legal developments in Bophuthatswana, Lesotho, Malawi, South Africa, South West Africa/Namibia, Zimbabwe and Zambia with regards to principal legislation, government notices and judicial decisions are briefly descriptionbed.