Since 1974 representatives of the government of the Republic of South Africa have not been allowed to take the seat reserved for South Africa in the General Assembly of the United Nations. In that year rejection of the credentials of the South African delegation by the Credentials Committee and the General Assembly led the President of the General Assembly to rule that the consistency with which the General Assembly had regularly refused to approve the South African delegation's credentials gave rise to the legitimate inference that such credentials would be rejected in the future and that the General Assembly would not allow any delegation authorised by the Republic of South Africa to take part in its work. This ruling, subsequently upheld by the General Assembly, has been widely criticised and characterised as illegal by politicians and scholars both in South Africa and abroad. This paper seeks to descriptionbe the background and to analyse the legal arguments advanced for and against South Africa's membership and participation.
Considerable confusion and uncertainty as to the legal status of the polygamous marriage still reigns in Britain. Despite the relevant cases, the 1972 Statute, and the relatively impressive number of works and articles on the topic, many questions are still in need of an answer and many problems remain. The recent working paper on polygamous marriage, capacity to contract a polygamous marriage, and the concept of potentially-polygamous marriage gives us an excellent opportunity of reappraising the whole problem and clarifying its various aspects. In this it is important not to overlook a comparative approach to the matter, a perspective generally forgotten. An examination of the treatments and solutions raised in other systems could contribute considerably to a global reappraisal of polygamy. This article will attempt to compare the basis, treatment and solution of the problem in Britain, in several Commonwealth countries and in France and Belgium - countries where the problem arises -
International concern in solving the growing and complex problems of development has assumed unprecedented proportions during the last three decades. Within and outside of the United Nations, a number of world-wide conferences have been held.The recurring theme in all these fora centred on development. Many of the issues discussed related mainly to economic relations between the developed and the developing countries, on such matters as international trade and commodities, monetary problems, technology, aid, etc. Issues of development, raw materials and trade were further discussed in two special sessions, and at the twenty-ninth session of the UN General Assembly, as well as within the non-aligned bloc.The most fundamental issue centred on the continuing validity of the present world economic system. The existing system has dominated the world since the colonial and economic expansion of Western European countries more than a century ago.
In South Africa, the 'unfair labour practice' concept and the 'status quo' provisions of the Labour Relations Act have emasculated the judicial doctrine of freedom of contract in employment contracts. Substantive and procedural rules enhancing job security are preferred by the industrial court, to those of the socially inadequate dictates of contract law regulating dismissals. By way of 'status quo' orders the court is able to veto dismissal decisions, if challenged by the employee, until the reasons put forward by the employer are upheld in conciliation proceedings, and in the case of unilateral action detrimental to industrial relations, until adjudicated in the court itself. Where the interim relief is authorised, a lawful common law dismissal is declared invalid and the employment relationship continues. In this way the common law rule denying specific performance of an employment contract, thereby enshrining the absolute power of the employer to hire and fire at will, has been addressed.
Although child abuse by parents is an extremely infrequent occurrence in Sri Lanka, the present attitude that parents have a lesser civil duty to the child than does the general public should be seriously reviewed not only in Sri Lanka but also in other countries throughout the world. Children are often considered as quasi-persons whose wishes and rights depend upon the parents in particular and society in general. However, there is strong concern throughout the world for the prevailing status of the child. The child in Sri Lanka is unique in terms of children's rights in that he is not only protected by legislation but also enjoys the protection of his parents for a considerable period.
In dealing with custody and access matters and, perhaps, issues of property as well as principle relief, sexual behaviour is not likely to be wholly irrelevant. It is the purpose of this article to examine the Australian case law in order to see how far the courts will, or will not, take sexual behaviour into account when making decisions under this no-fault legislation.
This article reviews the situation in Botswana with regard to the issue of extra-curial statements made during court procedures. The police are left with the notion that while the public wants maintenance of law and order, it does not want to know anything about the interrogation of the accused. Does this not lead inevitably to a situation where policemen may conclude that it is permissible to beat information out of individuals so long as they successfully conceal the means of obtaining evidence from the court? In all the cases the enquiry is essentially factual, which explains the lack of judicial guidance on the principles. The problem is not easily solved, because there are opposing interests. The need to protect the individual, to safeguard his bodily security and freedom from oppression by authority, is counterpoised against the need to protect society from criminals and subvertors of the social system.
In this contribution the current legal developments in Bophuthatswana, Ciskei, Lesotho, South Africa, South West Africa/Namibia, Swaziland, Transkei, Venda and Zimbabwe with regards to principal legislation, government notices and judicial decisions are briefly descriptionbed.