Through being party to various multilateral conventions, most significantly the 1961 Single Convention on Narcotic Drugs, the 1971 Psychotropic Substances Convention and the 1972 Protocol to the Single Convention, South Africa applies a detailed system regulating the lawful production, distribution and consumption of drugs. This article examines in some detail the provisions of and the organs that apply this relatively obscure legal system. It focuses on the development in the postÂ·World War II period of the provisions relating to the administration of the commercial regulation of drugs, and not on the international legal provisions concerned specifically with the suppression of illicit drug trafficking, which constitute a discernably distinct legal system.
The position of a foreign trader under the common law has never been quite clear in South Africa. Our courts have held in a number of decisions that where a trader has never performed or executed his business in this country and has subsequently not acquired any goodwill here, he is not entitled to relief. This appears to have been the position even if his business advertisements were published in foreign magazines which were read by the South African public. With the coming into operation of the new Trade Marks Act 194 of 1993 on 1 May 1995, it was hoped that the effect of the above approach would be softened with the prohibition of the unauthorised registration and use of unregistered trade marks which are well known in the Republic as being the marks of persons who are nationals of, domiciled in, or have commercial establishments in member countries to the Paris Convention. Inadequate protection of this nature will have a negative impact on South Africa's efforts to attract foreign investment.
In this article historical evidence is explored in an attempt to show that available Roman law sources influenced the policy of the company significantly in what may, in modem parlance, be termed racial issues. In the first part of the article relevant aspects of the Roman legal system itself are considered and a tentative conclusion offered on the kind of influence it might have exerted upon later would-be social engineers who held it in high esteem. In the second part, the conclusion offered is tested by an evaluating some examples of the application of Roman juristic concepts in Dutch East India Company empire.
On the whole tenant-ownership represents a fairly uncomplicated means to cope effectively with the Swedish housing problems. Besides providing relative security of title coupled with owner-like powers of use and enjoyment, the relatively low running costs of the institution brings it into reach of a greater percentage of the Swedish population. Again, the fact that the tenant owners are united in a larger legal entity, namely the cooperative, allows them to bargain collectively in the political sector to safeguard their interests. In this sense the tenant-ownership scheme represents a convincing reflection of the housing policy of the modem welfare state.
In terms of section 247 of the Companies Act 61 of 1973, it is not open to the company to exempt a director from liability for breach of duty or trust or to indemnify him against claims in respect thereof. However, the question has been raised whether it is open to a company to take out an insurance policy giving the indemnity against liability for negligence. Regrettably, South Africa has not, to a great extent, embarked upon, nor formulated an indemnity insurance scheme, either through the statute book or through the common law and pressure of public policy demands, in terms of which directors and officers could adequately protect themselves against liability and financial risk. Furthermore, it has been stated that no insurance could ever be available to directors or officers of a company against liability for dishonesty. It is hoped that South African company lawyers will, in the near future, take cognizance of the fact that an indemnity insurance scheme should be considered for the South African situation.
In this article a third, major general theoretical problem of the comparative legal method, the criteria employed for the classification of legal systems into so-called 'law groups' or 'legal families', is discussed. Together with other theoretical problems, the current issue reflects the theoretical assumptions and points of departure involved in the use of the comparative method by the modem exponents of the various schools in comparative law and in legal science as such.
In this contribution the current legal developments in Botswana, Namibia, South Africa and Zimbabwe with regards to principal legislation, government notices and judicial decisions are briefly descriptionbed.