Mention the words ""prescription of actions"" to an attorney and his blood runs cold. Although everybody agrees that some limit must be placed on the period within which an action must be instituted, it still remains an attorney's nightmare. Claims arising out of personal injury in motor vehicle accidents are particularly troublesome. The attorney has a million things to do before he is in a position to institute action. Very often the claimant consults him at the eleventh hour. He his to investigate the accident which caused the injury, trace witnesses and obtain statements from them, arrange for specialist medical examination and reports and often obtain counsel's opinion as well. He is dependant upon the co-operation of many people, including medical practitioners. Unfortunately it is a fact that this co-operation is sometimes given very tardily or even refused, making it impossible for the attorney to prepare his claim in time.
Commission of Enquiry Some of the most interesting recommendations of the Commission of Enquiry Into the Companies Act deal with the introduction and characteristics of shares without par value. Although for most South Africans shares without par value will be somewhat novel, they have been utilised by corporations in America for over fifty years. It was the state of New York which, in 1912, first provided for the issue of shares without par value. Today all the states of America with the exception of Oklahoma and Nebraska permit and regulate the issue of no-par value shares.
Attorneys in Durban might have noticed a large board recently erected near the ricksha rank on the beachfront. Presumably meant to provide protection to the platteland's seasonal migrants to Durban, the board displays a simple tariff of charges based alternatively on time or distance. Is it impossible to imagine a dispute, adjudicated over by a Registrar of Rickshas over the charge levied by Hlomenhloko Donsibhunu against his fare, Piet Passasier? ...
On April 20, 1968, a South African Airways Boeing on a flight to Frankfurt and London crashed near Windhoek, killing 111 of the 116 passengers on board, as well as all 12 members of the crew. Two of those on board, were a man and wife who were resident and domiciled in Germany who had been on a visit to South West Africa where the wife owned immovable property. They left behind them one child who had been adopted by an order of adoption made in Germany, but no Will. As was permissible in terms of the German Civil Code, the rights of intestate succession of the adopted child were excluded by the deed of adoption. In terms of South West African law, as in the case of South Africa, the rights of succession to the immovable property are determined by the lex rei sitae. This raises certain queries, not only as to the rights of succession of the adopted child in the case in question but generally as to the rights of children adopted in other countries, and this prompted the Association of Law Societies to make representations for an amendment of the Children's Act along the lines of the following memorandum.
At the request of the Law Society of the Orange Free State the following non-litigious tariff, which is applicable to that province, is published for general information. The tariff, which is at present under revision, was adopted in June 1964, and was incorporated as by-law 65: ""65. (A) For non-contentious or non-litigious work that is not already covered by a Statutory tariff the minimum scale of fees prescribed hereunder shall apply.