This article sets out first to identify the basic principles underlying arbitration legislation. Secondly, it assesses the role of the courts in relation to arbitration in South Africa and considers whether or not there is a need for any drastic changes to this role. Thirdly, the desirability of South Africa adopting the UNCITRAL Model Law is discussed. Fourthly, in the light of recent legislation in other jurisdictions and problems experienced in applying the present Act in practice, a variety of amendments are suggested to make the Act more effective.
With the passing of each major phase in Lome, negotiations have been entered into with the sole aim of extending the life of the convention. This process resulted in the agreements in Lome I to IV. The present chapter concludes that Lome V is inevitable on the expiry of Lome IV, and this for a variety of reasons. First, the continued deterioration of the international economic climate is weakening the sub-Saharan Africa states. This weakening pushes these states more and more to a dependent position in relation to the European Community (EC), a position which most of them will be reluctant to forego. Second, the emergence of the TRIAD as a factor in international trade relations poses new dimensions in trade politicking and may be a stumbling bloc to most sub-Saharan Africa states. Historical and geographical factors in sub-Saharan Africa incline the region to trade with Europe. This is reinforced by an absence of significant trade with Russia and China on the part of sub-Saharan Africa and other ACP states. The problem is not that sub-Saharan Africa has a relationship with Europe, but the nature of the relationship is highly unsatisfactory.
It is hoped that overseas trends towards companies' civic responsiveness will be both timeous and useful in developing and shaping our own company law and thereby socialising our companies. If need be, and for the sake of uniformity, there could be legislative intervention along the lines adopted in England and the United States of America even if the economy is not yet well developed. In the "New South Africa" the government of national unity might be able to realise and meet its financial commitments and economic objectives with relative ease. along the lines adopted in England and the United States of America even if our economy is not, as yet, well developed. Should the observations made be heeded, as it is submitted, the 'New South Africa' should enjoy a good return on capital investment, high productivity and general customer satisfaction. The government of national unity might then be able to realise and meet its financial commitments and economic objectives with relative ease.
In Botswana, the role of the judiciary in the electoral process is expressly laid down by the constitution and the election laws. In this article we examine first, the role of the judiciary during elections; second, the jurisdiction of the courts in election petitions; and third, how the courts have discharged their role in election disputes.
This article sets out to demonstrate that to construe freedom of navigation under the Law of the Sea Convention (LOSC) without due regard to the dynamics of the concept of the freedom of the seas, creates an unfair competition between the economic objectives of the Exclusive Economic Zones (EEZ) and the concept of freedom of navigation. The dynamism of the concept of the freedom of the seas here means the ability of the concept to accommodate the international community's changing use of the seas. The LOSC has set the framework within which navigation can contribute to the real economic objectives of the EEZ. In this context, navigation need only be viewed as an element or component of the broader EEZ concept, rather than as a rigid institution or part of an immutable system. A narrow interpretation of the concept of freedom of navigation would emphasise the element of freedom to the exclusion of the element of function. It would justify the exclusivity of navigation by reference to the element of freedom. This interpretation ignores the dynamic aspect of the freedom and prevents navigation fulfillinf its potential for benefiting states which are, for economic reasons, incapable of exercising the freedom. The prime example in this regard would, of course, be the states in Africa. The article argues that because freedom of navigation has ceased to be common to all, it has lost its substratum.
In this contribution the current legal developments in Namibia,South Africa, Swaziland and Zambia with regards to principal legislation, government notices and judicial decisions are briefly descriptionbed.