Community competition and international trade law is expanding at such a rate that more and more law is developing in increasingly less and less time. To illustrate, supplements to authoritative works on EC competition law - such as the infamous Bellamy and Child on European antitrust law - are now as long Â·as the first editions of the works. The number of decisions and other important texts keeps multiplying, especially decisions by the European Court of First Instance. This poses the formidable problem of weeding out the irrelevant from the relevant, and the relevant from the very relevant. The material selected for this discussion was chosen particularly with an eye to the potential needs of Japanese business exporters. With this in mind, this article includes the most important and up-to-date issues in European antitrust and international trade law.
In South Africa, although there have been some comprehensive studies of the position of gays and lesbians, and although homosexuality enjoys greater acceptance than it did in Oscar Wilde's late nineteenth century England, much prejudice still exists in the South African law relating to parent and child. Stigma against such persons is still entrenched, to the extent that even to call someone a gay or lesbian has been considered defamatory. The enactment of the Bill of Rights in the Constitution supposedly heralds the dawn of a new era in which there is equality between all persons and equality is supposed to include the full and equal enjoyment of all rights and freedoms and that no person may be unfairly discriminated against, directly or indirectly, on various grounds including sexual orientation. However, in any case involving children, the child's best interests are of paramount importance and in all such cases children's rights will trump opposing rights.
From a juridical standpoint, we have seen that the USA does not have a legal framework conducive to the acceptance of the rule of law in international relations. International agreements are situated under federal laws in the US constitutional order. US laws implementing trade accords consistently renege on commitments of single undertaking by subjecting the validity of such treaties to provisions not conflicting with US federal law, such as in the cases of NAFTA and the WTO. In addition, in the case of the proposed FTAA, the lack of fast track authority complicates matters even further and results in serious questions as to the credibility of US motives. In Brazil, from a strict constitutional law perspective, the agreement(s) eventually governing the FTAA would present major violations of the constitutional legal order and, as a result, most likely be successfully challenged in court. The exclusion of Cuba from the FTAA would be a violation of the non-intervention and self-determination principles. Thus, for a number of reasons one can comfortably predict the foundering of the FTAA. Conversely, on can predict the consolidation and expansion of MERCOSUL.
Uncertainty surrounds the practical application of certain aspects of the exclusionary rule embodied in section 35(5) of the South African Constitution. As these aspects have hardly been mentioned in our case law, this discussion will endeavour to speculate on the possible approaches that a court will take when considering the exclusion of unconstitutionally obtained evidence. The exclusionary rule states: Evidence obtained in a manner that violates any right in the Bill of Rights must be excluded if the admission of that evidence would render the trial unfair or otherwise be detrimental to the administration of justice. Before the exclusionary rule came into being, there was no particular concern for the way in which evidence was obtained. As a general rule, relevant evidence was admissible. This approach was followed because South African courts were required to refer to the English common law in force on 30 May 1961 with regard to the admissibility of unlawfully obtained evidence.
This article will address the need to fonnulate new juvenile justice legislation in South Africa. It will focus on children in custody and the recent steps introduced by government to create a streamlined and effective juvenile justice system that does not put young people at risk. This article will also examine international trends in juvenile justice in the United States with a view to adopting such trends in South Africa. Finally, the conclusion will propose a reform agenda for the future. It is hoped that this agenda will bring us closer to our goal of providing justice for juveniles.
This article examines the various forms of principle which have been devised by the courts of various jurisdictions to explain why an accused person who has killed a supposed corpse should or should not be liable for murder or manslaughter (or culpable homicide not amounting to murder as it is known in India and some other jurisdictions). Besides English and South African decisions, I shall consider cases from Canada, New South Wales, New Zealand, India, Singapore, Southern Rhodesia and Sri-Lanka. It will be submitted that the Privy Council in Thabo Meli unfortunately overlooked a line of Indian case authorities which spells out and applies the best principle among the ones that have been proposed to date. As may be expected, the homicide laws of these jurisdictions differ in content and form. Thus, the fault elements for murder and manslaughter will vary from one jurisdiction to another, with some finding statutory expression while others are still grounded in the common law.
This contribution gives only an idea of the kind of information which can be gained by analysing existing but virtually forgotten material on research in customary law in colonial Tanganyika. It is, of course, necessary to inquire about the questions and the respective answers and to consult additional literature on African customary law. An isolated analysis restricted to the results of the two research projects as a source for the explanation of the changes and continuities of African customary law makes little sense. Nevertheless, the answers given to the questionnaires in 1910 and 1961 about customary rules represent a rare resource of information for certain aspects of African family and succession laws. The collected material, therefore, can be an important source for research into legal anthropology in colonial Tanganyika if considered together with additional literature on African customary laws.
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.