Current South African law makes no provision for the establishment of a tax-free trade zone of any kind (a free trade zone, a free port, a free industrial zone, an export processing zone). There is no Free Trade Zones Act and the South African Customs and Excise Act contains no definition of a customs-free zone or a free port. For the establishment of tax-free zones in South Africa it would, therefore, be necessary to enact a Tax-Free Trade Zones Act. In this regard, the Singapore Free Trade Zones Act, as well as the Namibian Export Processing Zones Act, could serve as models.
The concept of a 'reasonable royalty', a relatively unknown concept in our law, has recently been introduced in South African legislation as a civil remedy for the infringement of intellectual property rights. In this article, an attempt is made to determine the ambit of the remedy. After sketching the South African position, similar provisions in English and American law are analysed, both to determine possible developments in South Africa and to assess problems experienced in implementing the remedy elsewhere so as to avoid them in South Africa.
The re-emergence of slavery in the Sudan highlights the need to investigate thoroughly the nature of the crime and to reassess the international community's commitment to eradicate it. To remain silent on the issue of slavery would be a symptom and a signal of the civilised world's weakening hold on the norms of international human rights.
The proof of foreign law is one of the perennial problem areas in the conflict of laws because the measure of difficulty inherent in establishing what the law is at a particular time, is exacerbated by the fact that what it seeks to establish is generally so alien. The proof of foreign law was the subject of the seminal decisions of Harnischfeger Corporation and Another v Appleton and Another, and Holz v Harksen2 in which the courts were called upon to interpret section 1 (1) of the Law of Evidence Amendment Act which is to the effect that any court may take judicial notice of the law of a foreign state and of indigenous law insofar as such law can be ascertained readily and with sufficient certainty ... This article will attempt a restatement of the common law principles regarding proof of foreign law, an examination of section (I) in the light of the aforementioned decisions, as well as a statement of the principles governing the proof of foreign law by means of judicial notice.
Since independence in 1980, the government of Zimbabwe has embarked on a programme of land reform, the National Land Policy (NLP), designed to redress the inequitable ownership of land during the colonial and minority regime eras by redistributing land for resettlement from large-scale farmers, inevitably belonging to the white minority population, to communal farmers belonging to the black majority, and thus address some of the iniquities of Rhodesia's history. In order to implement this policy the Land Acquisition Act 3 of 1992 was adopted, empowering the president and other authorities to acquire land for the resettlement of the black rural population. This author predicted that a judicial challenge to the constitutionality of the legislation was inescapable. That prediction has since been fulfilled in the case of Davies and Others v The minister of Land, Agriculture and Water Development, which eventually came before the Supreme Court in 1996. The purpose of the present article is to consider the pronouncements of the Zimbabwean courts on this controversial issue.
The primary objective of this paper is to argue that the San hold aboriginal title to the territory that they are claiming as their nloresi (traditional territories). They are the undisputed original occupants of this territory and it will be argued that their aboriginal title survived the acquisition of the territory by the British. Following this line of argument, it will be further shown that San customary law regarding land tenure should form the basis of any decisions regarding land in the San traditional territories (Kalahari). The last section will explore possible alternatives under contemporary legislative instruments such as the Tribal Land Act.
In this contribution the current legal developments in Botswana, Lesotho, Namibia, South Africa and Zimbabwe with regards to principal legislation, government notices and judicial decisions are briefly descriptionbed.