Both economic and legal principles shape and underpin competition law, thus complicating the evaluation of the outcomes of enacted competition law. A more manageable test of its efficacy and, more specifically, that of the regulatory authorities, would, perhaps, be to focus on whether there has been a discernible increase in the intensity of competition in the South African economy since the Act's promulgation. In this regard one can, on the one hand, take some comfort from the remarks of Michael Porter, the internationally respected Harvard University professor, on the discernible benefits of competition who said: ... countries where the intensity of competition is rising showed by far the greatest improvement in GDP per capita. However, working on the assumption that fluctuations of market shares is a good indicator of the level of rivalry in a particular market, one's expectations regarding the state of competition in South Africa should not be too optimistic. Research has shown that the mark-up of final prices over unit labour cost in South African production may be up to five times higher than in the United States. The reason for such a large mark-up over unit cost can only be attributable to insufficient competitive pressure in South African output markets.
In the South African criminal justice system, with the court exercising the sentencing discretion and the American sentencing guidelines not forming part of the judicial system, the prosecutor will not play as dominant a role in plea bargaining as his American counterpart. He exercises a free discretion in charge bargaining, i.e. with what charge or charges the accused will be charged, and if he/she pleads guilty at the plea stage, whether to accept a plea of guilty on a lesser charge or competent verdict. The roles of the American and South African prosecutors and judges are materially different and, therefore, every rule of the American system of plea bargaining cannot merely be imported into the South African criminal justice system as is. The extent to which an accused enjoys legal representation at his trial is also of major importance when comparing the system of plea bargaining in our two jurisdictions.
The evolution of the elements of the crime of rape, as well as other relevant sexual crimes, runs parallel to the gradual rise of the fundamental right to psychosexual autonomy of, in the first instance, women and, thereafter, persons with a non-procreation sexual orientation. Nowadays sexual crimes, worldwide, are in a process of being redefined to protect the psychosexual autonomy - i.e. the right, within reasonable limits, to freely express his/her sexual feelings within the context of his/her bodily integrity - of persons of all forms of sexual orientation. The psychosexual autonomy of individuals is progressively prioritised in definition of crime, even within the marital and cohabitation as well as previously 'taboo' contexts.
The multicultural South African society demands a system of law which accommodates-the needs of all sectors of the community. Not only the Roman Dutch common law and official indigenous law, but all the unofficial laws mentioned in the article, should be regarded as the residual source of South African law where there is no statutory law or judicial precedent. They should all form the core around which the South African legal system revolves and develops.
The problem discussed in this article is essentially one of 'where to draw the line' between conflicting legal rules on money of payment issues. In deciding where such line lies, there is some merit in maintaining a distinction between contractual and non-contractual obligations. In the case of contractual obligations, the identity of the place of payment and the rate at which conversion must be effected should lie on the side of the lex causae, on the assumption that a decision on these matters goes to the substance of the obligation. As regards the right/duty to pay in local currency, the answer is less clear. This too, should as a point of departure be governed by the lex causae, as this gives better effect to the principle of the proper law of the contract. The courts, however, should have a discretion to have regard to the lex loci solutionis and apply such law in the interests of justice and fairness between the contracting parties. In the case of non-contractual obligations, it seems more fruitful to distinguish between the lex causae and the lex fori, with most money of payment issues being determined or governed by the lex fori.
In this article the author explains the need for South Africa to have access to affordable medicines. The author argues that a balanced approach to the 'affordable medicines' issue should address the possible exploitation time lost by the patentee at the start of the patent term, and the spillover of the patent monopoly after the expiry of the patent term. This approach is needed as in both instances there is the need to obtain regulatory approval. At the same time, and perhaps more importantly against the background of the recent public debate about 'affordable medicines' to treat widespread infection with the human immuno-deficiency virus in South Africa, in particular in accordance with the author's proposal, if it is accepted, will allow cheaper generic medicines to reach the market sooner, in a way that does not breach South Africa's obligations under the TRIPS Agreement.
European conflict of laws appears as a system of multilevel governance. Private International Law (PIL) provisions can be found in international conventions, European Commission (EC) law as well as national law. Problem solving is particularly difficult as long as the European Court of Justice (ECJ) does not have the competence to bindingly interpret all three legal layers. Special difficulties in this respect arise as to the implicit PIL content of directive provisions. In this context it is therefore once more important to state that appropriate solutions presuppose both discipline of the member states when implementing EC measures as well as a functioning dialogue - where possible - between the national courts and the EC.
In this contribution the current legal developments in Botswana, South Africa, Namibia and Zimbabwe with regards to principal legislation, government notices and judicial decisions are briefly descriptionbed.