The purpose of this article is to sketch in as concise a manner as possible the nature of the copyright protection afforded to broadcasts made within the Republic of South Africa. In addition, and in view of the introduction of a television broadcasting service within the Republic. In addition, and in view of the introduction of a television broadcasting service within the Republic in the near future, some consideration will be given to the copyright implications of certain new technologies in this field of broadcasting.
Despite its adherence to the ideal of African unity and its participation in the OAU, the Maghrib retains its identity as a distinct geographic and cultural entity with hitherto few relationships with the countries south of the Sahara, even with those whose population is predominantly Hamitic-Semitic or whose religion is the Islam.
It is considered that in such a case of incorporation (as in the similar case of an agreement incorporating foreign law) the incorporated law becomes part of the incorporating act (agreement) or, in the words of Innes C J, the incorporated provisions have in effect been enacted twice as separate acts. Both are, therefore, independent of each other, and, in the absence of an indication to the contrary, a repeal of the one would not affect the other. It follows that foreign law so incorporated becomes part of the law of the incorporating country and there sheds its character as foreign law. Thus being part of the law of the forum, it need not be proved and must be judicially noticed.
The paper will be devoted to an in depth examination of legal authority in the United States to ascertain the possibility of a successful prosecution of a physician or surgeon who successfully performs a sex reassignment procedure upon a consenting adult for the crime of mayhem.