Four principal stages can be distinguished in the development of civil liability in the course of time, in various countries - (a) classic tort law and contractual liability, securing an important place for the element of fault; (b) those same laws blended with private liability insurance, in which the element of fault (negligence) loses much of its importance; (c) the system of no-fault liability and insurance, in which, again, the fault, excluding criminal negligence and intentional fault, of the involved parties serves no role; (d) the system of social security, which has taken and is intended to take an additional step forward in that here - and only here - even criminal negligence and fault in the form of intent, as we have seen, do not, or should not, have any but the most limited effect. Due to the above characteristics of the last two systems, it should be pointed out that the system of no-fault liability and insurance, despite its name (no-fault) does not ignore fault, rather it ignores negligence, that is it in effect is a "no-negligence" system, while only social security aspires to ignore all fault, including intentional or criminal acts or omissions, this last system being therefore more no-fault than what is customarily called "no-fault".
The International Centre for the Settlement of Investment Disputes (ICSID) is the forum provided by the "World Bank" for the settlement of investment disputes between host states and foreign private investors. Since the convention entered into force on 14 October 1966, 38 African states have ratified it. African countries played a significant role in the conception and establishment of ICSID and have embraced the convention not only by ratifying, it but also by consenting in many investment contracts to submit disputes to the Centre for settlement. Provisions relating to ICSID have been made in many African national investment laws. The Models for Bilateral Agreements on the Promotion and Protection of Investments prepared by the Asian-African Legal Consultative Committee also provide for ICSID arbitration of disputes. The purpose of this article is to determine the extent of African utilisation of ICSID for purposes of settling investment disputes and the factors which possibly account for such utilisation or non-utilisation of the facilities of the Centre.
This article aims to high-light some of the problems concerning the content of a Bill of Rights in the constitution of a new nation. It has been argued that the traditional type of a Bill of Rights which does not include socio-economic rights is inadequate for the purposes of new nations; that socio-economic rights are not athetical to the traditional rights; that although socio-economic rights may be merely declaratory of state goals and policy and not justiciable, they nevertheless serve a purpose. It is clear from the totality of available evidence that more new nations are opting for a Bill of Rights of the socialist type, a thing which attests to its popularity. It is not possible to foreclose the debate in this regard; this article, therefore, would have achieved its objective if it provokes further discussion, rebuttals and rejoinders.
In all African legal systems the transferor of goods must give warranty of title. Further, the rightful owner can pursue his property and recover it from an innocent acquirer. As in Bophuthatswana, it was held for groups in Natal and KwaZulu that the parties must have valid title of what they deliver in a contract of exchange or sale, that ownership cannot be transferred by delivery if the transferor has no valid title, and that the real owner can recover his stolen property from an innocent transferee - Hlatshwayo v Hlongwane and Cebekulu v Shandu. In the first-mentioned case it was also held that a real owner whose cattle have been attached for the debt of someone else, does not lose his right to recover them. Ownership of an animal or other movable thing to be exchanged or sold passes through delivery, whereafter the transferee bears the risk and is entitled to the increase - Mbulawa v Fokseni, Masikane v Katini, and Cebukulu v XulU. All these cases refer to the law for the amaZulu in Natal and Kwazulu.
The subject of consumer protection was receiving considerable attention in South Africa. In April 1988 the publication of the Harmful Business Practices Bill! unleashed immediate and vociferous objections which were directed primarily at the proposed methods rather than the principle of consumer protection. Since 1984 consumers in Bophuthatswana enjoyed considerable protection from abuses in the market place. It was the authors' view that an outline of the Bophuthatswanan experience mght be of interest to those engaged in the South African debate. Their purpose, therefore, was to highlight some of the important features of the Bophuthatswanan Consumer Affairs Act, and to indicate how the Act has worked in practice. First, however, they address the question: why the need for consumer protection?
There is no doubt that Westernisation and industrialisation have brought about significant social, economic and political changes which have transformed the traditional socio-economic and political structure of especially African countries. This has necessitated the change of traditional or customary law. Otherwise the law would have lagged behind social change and consequently would have been irrelevant to the lives of the people it purported to govern. There has, however, been no uniformity in this. It is equally true that African countries of the post-independence era have frequently had recourse to legislation in order to facilitate economic development. This process of planned societal and economic development was aimed at modernising and transforming the societies and economies of many African countries as rapidly as possible so that blacks might enjoy "all the good things" which Western civilisation had produced in the two millennia of its history. In pursuing law reform in South Africa we may learn a lesson from these experiences.
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.