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- Volume 17, Issue 2, 1984
Comparative and International Law Journal of Southern Africa - Volume 17, Issue 2, 1984
Volumes & issues
Volume 17, Issue 2, 1984
The Vienna Convention on State Succession in respect of Treaties: an African perspective on its applicability and limitationsAuthor N.S. RembeSource: Comparative and International Law Journal of Southern Africa 17, pp 131 –143 (1984)More Less
The Vienna Convention on State Succession in respect of Treaties, referred to as the convention, is the first multilateral convention on matters of state succession negotiated under the auspices of the United Nations.This paper gives an overview of the above convention, and examines whether the convention is merely a feature of international history or whether it has any useful application in present inter-state relations.
Author P.D. GlavovicSource: Comparative and International Law Journal of Southern Africa 17, pp 144 –152 (1984)More Less
On 15 October 1983 at Findhorn, Scotland, the Third World Wilderness Congress passed a resolution stating that the South African Council for the Environment be requested to recommend to the Minister of Environmental Affairs that legislation be introduced to provide for the adoption of a legal conservation ethic as a matter of substantive law as a basis for interpretation of all laws and regulations affecting the environment. The resolution was a proposal for reform in South African law so as to provide for greater protection of the country's environment. It was addressed to the Council for the Environment, which is a statutory council having as one of its objects and functions the making of recommendations to the Minister of Environmental Affairs with regard to the introduction of legislation. This article explains why there is concern for the environment, and provides background to the resolution.
Author A.J. MiddletonSource: Comparative and International Law Journal of Southern Africa 17, pp 153 –162 (1984)More Less
From a brief survey it is apparent that there is a degree of ambivalence regarding the question of corporal punishment in South Africa. Although it appears to be recognised by the courts, if not always by the legislature, that whipping is a grave affront to human dignity and should be sparingly used, if at all, the feeling nevertheless seems to remain that the peculiar circumstances of the country warrant its continued application. Moreover, in the moderated form of juvenile whippings, it seems to be regarded as an acceptable means of keeping juveniles out of overcrowded prisons. In view of this ambivalence and the ever-present temptation to use corporal punishment as a means of curtailing the prison population, it is perhaps not inappropriate to cast a glance at the European attitudes towards corporal punishment. In this regard it is noteworthy that corporal punishment has been abandoned by most civilised countries of the world.
The Kwazulu Act on the Code of Zulu Law, 6 of 1981 - a guide to intending spouses and some comments on the custom of loboloAuthor J.M. HlopheSource: Comparative and International Law Journal of Southern Africa 17, pp 163 –171 (1984)More Less
The purpose of this article is to examine the New KwaZulu Act on the code of Zulu law and to deal briefly with recent modifications relating to the age of majority of KwaZulu women. Prior to this Act, African women in Natal were minors in law. They had no independent powers to act even if they had reached the age of 21 years. A guardian's consent was essential for juristic acts to be validly performed. For example, a woman could not marry without the consent of her guardian. In this article, it is also proposed that the custom of Ilobolo should be prohibited by law because it clashes with the realities of modern society. Ilobolo means the livestock or other property paid in respect of a customary union by the husband or his father, as the case may be, to the wife's guardian. It is analoguous to the Roman law concept of dos. The main purpose of lobolo is to ensure the proper treatment of the bride in her new home. This article also refers to the ingquthu beast.
Author C.M.S. NzundaSource: Comparative and International Law Journal of Southern Africa 17, pp 172 –187 (1984)More Less
English company law is used in Malawi with some modifications. Two recent decisions of the High Court of Malawi require some reflection on two principles of English company law. The sources of company law in Malawi are: The Companies Act 1917 (with modifications), the Companies (Consolidation) Act 1908 and the Companies Act 1913 of the United Kingdom. Relevant case studies are discussed in this article.
Source: Comparative and International Law Journal of Southern Africa 17, pp 188 –196 (1984)More Less
There would seem to be no necessity to have a complicated Companies Act in a developing country. Where secondary financial markets and stock exchanges do not exist, the disclosure requirements may not need the same emphasis as a company operating in a developed economy where share movements and dealings are entered into by a large proportion of the community. However with the advent of the multi-national company there is need for safe-guards and detailed reports to be prepared and made available to government in the developing country. This requirement should be specifically incorporated into the companies legislation of the developing country particularly as although such companies are small in number their economic influence, both actual and potential, may be very significant. Also it is considered that even the private companies should be required to report on activities such as training and manpower utilisation which are significant in a developing country situation. Although some reliance may be placed on self regulation by the accountancy profession, this is only possible if the accountants and auditors within the country can be regulated by a forceful and internationally acceptable society. As a professional society does not exist regulation must be imposed through a Companies Act. This paper should be taken into account when formulating and updating company legislation in Swaziland.
Author Erwin SpiroSource: Comparative and International Law Journal of Southern Africa 17, pp 197 –210 (1984)More Less
That the autonomy of the parties to a contract extends to the choice of the applicable law, is recognised in most legal systems, however much it may be subject to restrictions which vary from legal system to legal system. These restrictions centre around imperative (mandatory), common law and statutory provisions which are not negotiable in that they cannot be varied by the parties. The problem to which this article will devote itself is which of the imperative provisions of the various legal systems 'in conflict' are of consequence?
Author John HundSource: Comparative and International Law Journal of Southern Africa 17, pp 211 –223 (1984)More Less
This study shows that the Tshidi and Kgatla societies investigated by the authors should probably be placed down fairly low on Fallers's scale of legalism. This is not to suggest that any invidious comparisons are being made between the Tswana groups studied by Comaroff and Roberts and groups which have been studied by other legal anthropologists - it is merely to say that on the basis of the evidence presented in Rules and Processes the Tswana seem to have less 'law' than is found in some other small-scale societies. The implications of this should be carefully considered by those who practice the Pretoria jural method of legal investigation. The Wiechers Commission's urgent call for an 'authentic work of reference', and its statement that 'the recording of indigenous law (in Bophuthatswana) is to be expedited', begins and ends with positivist and jural assumptions about the nature of Tswana law and custom.
Source: Comparative and International Law Journal of Southern Africa 17, pp 224 –271 (1984)More Less
In this contribution the current legal developments in Bophuthatswana, Ciskei, Lesotho, 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.
Charterparties, a comparative study of South African, English and American Law, by Anne Waring: Book review*; Das Recht der tÃ¶tungsdelikte in Nigeria unter vergleichender Einbeziehung verwandter Rechte Afrikas, by Barbara Huber: Book review**; Das RÃ¶misch-HollÃ¤ndische Recht in SÃ¼dafrika: einfÃ¼hrung in die Grundlagen und USUS Hodiernus, by Reinhard Zimmermann: Book review***; Family law in the last two decades of the twentieth century, edited by T.W. Bennett, W.H.B. Dean, D.B. Hutchinson and I. LeemanSource: Comparative and International Law Journal of Southern Africa 17, pp 272 –278 (1984)More Less