A critical analysis of the constitution of the United States indicates that there is a long and arduous road ahead in which the larger expectations in a promise, even in a written constitution, may be circumvented in order to frustrate the eager black voter. If anything, this article may reveal the human weakness of racism which can fester for years before it heals. In one country, the healing process has begun leaving many of the scars readily visible, while in the other, the weakness has only just been diagnosed an many cures are on offer. In this comparative analysis some socio-political similarities between the American South and the present-day, right-wing South Africa emerge. In both countries a bitter civil war was fought and attempts were made to placate the vanquished side in the hope of a unified state. In those attempts, the thorny issues (like the black right to vote) were quickly brushed aside and emphasis fell on economics. In time, however, the civil rights issues re-emerged.
One of the cardinal principles in company law is the maintenance of capital. The principle has four consequential rules. First, a company generally must not purchase its own shares subject to certain exceptions. Second, a subsidiary company generally must not be a member of the holding company. Third, it is generally unlawful for a company to give any kind of financial assistance for the acquisition of its own shares or those of its holding company, by any person, subject to certain exceptions. Fourth, dividends must not be paid to the shareholders except out of profits. The first three rules regulate a company's dealing in its own shares. This article is an analysis of these three rules in the company law of Botswana and Britain with particular emphasis on the rules against corporate share repurchase and financial assistance.
This article seeks to investigate the legal environment or framework within which private foreign investors can establish and operate their businesses in the Kingdom of Swaziland. Swaziland is a small country in the south-eastern part of Southern Africa bordered by the Republic of South Africa and the Peoples Republic of Mozambique. It is endowed with generous scenic beauty and weather and is essentially an agricultural country blessed with reasonable mineral resources such as coal, iron ore and gold. The principal agricultural commodities are sugar, maize, cotton, citrus fruits, pineapples, vegetables and rice. Its principal agricultural exports are sugar and wood pulp. It is well-known that Swaziland is economically very dependent on its neighbour to the south, the Republic of South Africa to which it is linked by the Customs Union and the Rand Monetary Union.
In this article sanctions in terms of the Sectional Titles Act in South Africa will be compared with sanctions in terms of the Wohnungseigentumsgesetz as applied in Germany. Since the South African statute is constantly criticised as a statute without teeth, and since existing sanctions are regarded as ineffective to secure financial stability and social harmony, a large part of this article will be devoted to the German sanction in terms of which a chronic troublemaker can in appropriate circumstances be compelled to sell his apartment. In the light of this sanction it will finally be considered whether a similar mechanism should be introduced in South African law.
It has previously been indicated that at least four universal evolutionary processes are operative in criminal law, viz the processes of deconcretisation, individualisation, humanisation, dereligionisation and deritualisation. In this article the effect these processes have had on the criminal culpability of children is examined. In this regard specific attention is given to the indigenous legal systems of blacks in Southern Africa, Germanic law and Roman law.
In this contribution the current legal developments in Botswana, Ciskei, Lesotho, Namibia, South Africa, Swaziland, Transkei, Venda, Zambia and Zimbabwe with regards to principal legislation, government notices and judicial decisions are briefly descriptionbed.