In this article an attempt will be made to answer three main questions. 1 Under the South African law of unjust enrichment what requirements must a bank satisfy in order to establish a cause elf action to recover payments of money made in mistake of fact? 2 Does South African law, by way of an exception to any right of recovery which the bank may have under the law of unjust enrichment, accord protection to the recipient of the mistaken payment where the recipient is a holder in due course of a negotiable instrument? If so, is this the essence, and limit of the 5cope, of the so-called "rule in Price v Neal"; and what is the rationale of such limitation upon the right of recovery? 3 The further question arises whether a South African court should apply any such more extensive version so as to defeat a right of recovery which would otherwise be available to the bank under the law of unjust enrichment? If so, how precisely should any such version of the rule be formulated.
In South Africa, blacks have the option of entering into either a marriage in accordance with the law of the landl or a customary union. A marriage has been defined as "the legally recognised voluntary union for life in common of one man and one woman, to the exclusion of all others while it lasts. A customary union, on the other hand, has been descriptionbed as "a union of 'the family of this ma.n' and 'the family of this woman' ... ".While some blacks may be aware of the differences between these two types of marital union, most have little idea of all the legal implications that a marriage entails.
The case of Johnson v Commonwealth Development Corporation, decided in the Swaziland Court of Appeal on 6 May 1981 (as yet unreported), illustrates the problems which beset counsel when drafting pleadings for what may be broadly defined as neighbour law disputes. The problem lies in the fact that Swaziland, which in 1905 adopted Roman-Dutch law as its common law, and which regards decisions of South African courts on the South African common law as binding, has inherited a set of rules governing neighbour law relations which contain the English law of nuisance as their main ingredient and a liberal sprinkling of remedies from Roman and Roman-Dutch origin which have survived into modern times.
Because of the cultural diversity which underlies the South African legal system much academic effort has been, and still is being, wasted upon how we would like to see things, and too little concern with what we already have. This paper is an attempt to redress the balance, to be more constructive. In this article the emphasis is upon the richness of South Africa's shared legal tradition, a richness which is derived from the fact that it is a shared tradition. The type of study which author advocates is aimed to be "pure comparative law", a branch of legal science.
In May 1982 the KwaZulu Act on the Code of Zulu law was assented to by the State President. There are three versions of the text, Zulu, Afrikaans and English, the last-mentioned being the signed version. As stated in the preamble, the Act is designed to "amend the Code of Zulu Law in order to raise the status of Black women; to expand the property, succession and inheritance rights of Black women; to extend guardianship to Black women and to provide for matters incidental thereto." After the KwaZulu Legislative Assembly had adopted the recommendations of a commission of enquiry into the legal disabilities of Black women, steps were taken to amend the Black States Constitution Act enabling the KwaZulu legislature to amend the Zulu Code as well as the relevant sections of the Black Administration Act3 and other Republican legislation. The resultant KwaZulu legislation is not merely an amending Act but a statute incorporating the provisions of the Zulu Code together with amendments. In this article only some aspects of the statutory reform are considered: more specifically thos relating to the status of Black women in general and of married women in particular.
In this contribution the current legal developments in Bophuthatswana, Botswana, Ciskei, Malawi, Mauritius, South Africa, South West Africa/Namibia, Swaziland, Transkei, Venda, Zambia and Zimbabwe with regards to principal legislation, government notices and judicial decisions are briefly descriptionbed.