From the individual's perspective, the outward mobility of the Euro in the European Community is not judicially as strongly guaranteed as one would have expected. Restrictions on capital movements are possible only in certain circumstances and they are justiciable by the Court of Justice. But on the other hand, restrictions on the movement of capital and payments to third countries can be adopted even on political and non-economic grounds, and these grounds are not justiciable. What is also not protected is the individual's personal economic position which may be detrimentally affected by any restriction on the flow of the Euro to third countries. The exercise of monetary sovereignty in this respect is so narrowly defined and split-up in such idiosyncratic detail that one is not sure whether the possibility of judicial scrutiny should be regarded as an advantage or not.The currency constitution points clearly to an internationally free circulating currency protected in its external value against arbitrary and sudden changes and which qualities are judicially protected.
It is clear that if the Kingdom of Swaziland is to meet its major developmental challenges, it is vital for its policy makers seriously to consider revising its companies' legislation and any other laws impinging on both foreign and local investment. This article has attempted to chart practical ways of reforming the law. It has also highlighted certain very obvious areas of the law which potential investors would be keen to see changed. But, in the end, what has been said remain thoughts which, it is hoped, will mobilise not only the national policy makers, but also the businessmen, corporate lawyers and even members of the public into corporate reformist gear.
On 1 July 1995 the new Act on the Formation of Partnerschaftsgesellschaften came into effect. Although it was the first company law reform in Germany during this century, legal academia afforded it amazingly little attention. As early as 1976, a bill on the regulation of the status of self-employers was tabled in the lower house of the German parliament (Bundestag) and was passed after the third reading. This bill was, however, vetoed by the senate of the federal parliament, representing the German States (Bundesrat), thus never coming into effect.The coalition agreement between the Christian Democratic Party (CDU) and the Free Democratic Party (FDP) of January 1991 gave impetus to another effort to establish a special type of company for self-employers, many of whom had developed into fast-growing service-rendering enterprises. There was a feeling of urgency for the creation of a special form of association for self-employed persons. One reason for this urgency is the fact that the legal position of self-employers is somewhat more complex than that of other professions.
The quote in the title to this article reflects legal and social attitudes towards fatherhood. Fathers are generally perceived to be inherently deficient in parenting skills. For example South African law does not recognise the biological relationship between an unwed father and his natural child as giving rise to parental authority over the child or to an inherent right of access. The unwed father has to approach the court and demonstrate on a balance of probabilities that access would be in the child's best interests. The problems inherent in denying unwed fathers parenting rights were brought to the fore in Fraser v Naude.
Plea bargaining is practised on a massive scale in the United States. In this article, I shall attempt to set out the relevant principles relating to this vast field in the criminal justice system of the United States. Finally, I shall try, with reference to the position in South Africa, to indicate whether all, some or none of the principles relating to plea bargaining are relevant to the South African legal system.
In this contribution the current legal developments in Lesotho, Namibia, South Africa, Swaziland and Zimbabwe with regards to principal legislation, government notices and judicial decisions are briefly descriptionbed.