The PTA legal structure of trade liberalisation and collective reliance has been largely ineffective. This failure could be attributed to the top down strategy of the regime that was initiated at Heads of State level and directed to lower levels of society and economy. It has been dependent upon the political goodwill of the member countries as opposed to strong international monitoring and enforcement machinery. It is a passive legal structure that depends on the voluntary cooperation of Member States, individuals and business enterprises. It sets rules regarding such matters as duties and restrictive practices but has lacked the capability to guarantee compliance. The fact that the legal structure is multilateral and unwieldy in scope has only compounded its weaknesses by overstretching available governance capacities.
The operation of an offshore company is lucrative when transactions are conducted according to plan. But in the event of contracts not being met, the legal implications can be manifold. Therefore, it is worth giving some thought to the legal implications by taking the necessary precautions against unforeseen litigation. The failure of offshore transactions can result in three main problems: 1) The contractual partner, the offshore company, does not usually have any assets in the jurisdiction of the other company. 2) The foreign contractual partner's assets are usually to be found only in the area of that company's jurisdiction. Since the other company is a peregrinus in that jurisdiction, it will be bound to give security for costs. 3) On the other hand, in the event of an offshore company being sued by a local South African company, a South African court may decide that the overseas company's representative office in South Africa is that company's principal place of business, despite its head office being registered in a tax haven country. Thus, the defendant would be an incola and the South African courts would have jurisdiction over a company that was structured as an 'untouchable' foreign entity.
Fundamental to the concept of mediation is that it 'is a dynamic open-ended process during which the parties are empowered by the mediator through their need to settle. For mediation to be of value, it must take into account the different cultures, personalities and value systems of both the mediator and the spouses. What must be borne in mind is that the 'parties to the dispute are operating within a complex dynamic environment where each party is changing in relation to the other'. Mediation can take such dynamism into account only if it is realised that all the parties to the mediation, that is, the mediator, the spouses and their children are influenced by and, in turn, influence all the other components of the system.
The first issue to be addressed is the place of public international law in the curriculum of South African universities. In many South African law faculties the subject is an optional course. While other courses are also optional, there are good reasons to question the wisdom of relegating public international law to optional status. This status reinforces the commonly held perception that public international law is of little value to the practitioner. This perception is misguided and ignores the important role which public international law plays in our domestic law.
The object of this article is two-fold. First, assuming that on the facts of this case there was doubt as to who was the grantor of the controversial bill of sale, to discuss how contractual rights may be transferred from one person to another. This question is important because it helps establish whether the bill of sale was enforceable against Label Industries Ltd. If it was, the application of section 23 to the case was justified. For, as is shown more fully in the article, this provision applies to a 'debenture or charge created' by an incorporated body and 'secured upon the capital, stock, goods etc of such incorporated body'. Second, the article questions whether the court's interpretation of section 23 is correct and makes commercial sense. It is argued that company law allows transfer of benefits and obligations of a pre-incorporation asset financing agreement to the intended company after the company's incorporation. Obviously this would be a pointless exercise if the agreement were thereafter to be unenforceable by or against the company. That makes commercial sense as not all companies have real property which can be put up as security for such finance.
This article concerns the study of the normative orderings of communities within the state. Rather than putting them on a pedestal,the communities are treated as areas and sources of national law reform. As areas of national law reform they are perhaps best descriptionbed as 'semiÂ·autonomous social fields'. As sources of national law reform they are pointers to the 'living law' which may be in conflict with the state's 'positive law'.
In this contribution the current legal developments in Bophuthatswana, 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.