oa Comparative and International Law Journal of Southern Africa - Foreign law
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.
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