The achievement of a truly Single Market calls for a legal framework permitting the formation of Community companies, i.e companies organised under Community law. In this respect, the European Commission has proposed the two Regulations, with which this paper is primarily concerned. First, in mid-1988, the Commission issued a Memorandum which attempted to revive the proposal already introduced in 1970 - that a European Company be created. Negotiations within the Council on this had been suspended in 1982. Second, when the Regulation establishing the new "European Economic Interest Grouping" (EEIG) came into force on 1 July 1989, for the first time, a new form of business organisation was established, directly as a part of the Community legal system. The article explains how both these initiatives are an integral part of the Community's industrial policy, which consists of a two-pronged company law programme to promote a better legal framework to facilitate industrial cooperation.
At this stage a uniform family law for all the people of South Africa does not seem possible because there are deep differences in the legal systems and cultures of the relevant groups of which the following are examples: monogamous versus polygamous marriages; equal status of the spouses versus the inferior position of the wife; maintenance during the marriage and after divorce versus communal care on the ground of membership of the husband's group and no care by the husband's group after termination of membership of this group; dissolution of a marriage through a divorce decree of the court against the informal dissolution of a marriage within the families concerned; division of matrimonial assets upon divorce and taking into account the housewife's contribution in the running of the household against no division of the matrimonial assets. Instead of unification, consideration should be given to the recognition of the different marriages in a single Act for the purpose of giving full recognition to all the types of marriage and treating the different marriages on an equal basis.
The purpose of this article is to analyse the right or freedom to strike from an international and comparative vantage point. Some form of strike is universally acknowledged, although the nature, scope and extent may vary from country to country. In some legal systems a basic right to strike is expressly provided for in a constitution or statute. In other countries a strike has been established indirectly by case law as a freedom only. However, on the international plane there are both implicit and explicit provisions that establish, promote and protect the right or freedom to strike. This paper will seek to explore and compare the right or freedom to strike within some countries in the European Community. Similarly, the international labour standards will be examined with a view to identifying the principles relating to the right or freedom to strike. Against this background, it would be appropriate to examine the right or freedom to strike in the South African industrial relations system.
The year 1910 was a traumatic year for the Bechuanaland Protectorate (now the Republic of Botswana). On 25 April. the Court of Appeal in the King's Bench Division delivered judgment in the case of The King v The Earl of Crewe: Ex parte Sekgome to the effect that His Majesty had unfettered jurisdiction in respect of the protectorate and could expect obedience to a practically unlimited extent. A week later, on 31 May, the Union of South Africa Act of 1909 which envisaged possible future transfer of the British Protectorates in Southern Africa - Bechuanaland, Basutoland and Swaziland - to the Union of South Africa. entered into force. This was certainly not the kind of protection the indigenous chiefs had expected to receive from the British. The article relates Chief Sekgoma's fate and his exposure of the British policy in respect of the protectorates.
The Marriage and Matrimonial Property Law Amendment Act! was passed by the South African Legislature in 1988 to amend section 22 of the Black Administration Act in a legislative attempt to confront legal "problems" that arose as a result of legal dualism as it affected marriages entered into by black people. The aim of this article is to descriptionbe the legal position as it exists today and to try to answer the question whether the Amendment Act will provide a viable choice.
In this contribution the current legal developments in Botswana, Ciskei, Malawi, Namibia, South Africa, Swaziland, Transkei and Venda with regards to principal legislation, government notices and judicial decisions are briefly descriptionbed.