This article contributes to comparative research on the principles of the law of civil procedure with reference to Swiss law. Research has revealed that the burning questions relating to the subject of this article do not present themselves in the same way and with the same importance in every country. Moreover, the perspective of each national legal system is different and, naturally, the scientific interests of each reporter are not identical. For these reasons and to ensure a manageable volume the author chose two major groups of problems common to the national laws studied: I) Substantive law, civil procedure and the constitutional system; II) The principle of procedural justice: a fair trial (" Veifahrensgerechtigkeit") as guarantee of a just and equitable judgment. These two major subjects are in keeping with the theme: the humanisation of the law of civil procedure - which has been the aim, in the context of their times, of all the legal systems in our history worthy of the name of Hammurabi onwards, and which is therefore no modern innovation.
Although the article deals only with the subsistence of copyright in computer software, it should be noted that an important distinction relating to hardware devices is drawn between an analog device, which is a computer wired permanently to perform a specific set of calculations or measurements, and a digital device, which can be varied in its method of application, depending upon how it is programmed. The focus of the article is on digital computers, since the logical operations performed by them can be changed by the use of different programs.
Tradition-wise the Batswana believe in participatory government or government by popular discussion and consensus. But how participatory is the central government structure? How efficient are its input and feedback circuits? To what extent does the independence constitution promote participatory democracy? This article argues that the country's Bill of Rights does not sufficiently conform to the traditional communal spirit of the country's society. It is possible that the emphasis could be too heavily on the individual as an individual rather than a member of society. A reformulation of the content of the constitutionally protected rights might well make the case for their protection more attractive.
Conspiracy has always been a controversial crime in English and American law, especially as its wide scope has led to certain abuses. In England the Criminal Law Act of 1977 has restricted the crime to more acceptable proportions, but in many jurisdictions of the USA it still covers agreements to commit acts which are not all strictly criminal. Although in South Africa the crime of conspiracy is limited to agreements to commit a crime, it also figures prominently in definitions of certain more recently enacted statutory offences against the safety of the state, such as terrorism and sabotage and in this guise plays an increasingly important role in South African criminal law. The purpose of this article is to examine its history and rationale briefly, in the belief that a better understanding of these aspects of the crime will lead to better understanding of the rules governing its everyday application.
By established case law, the proprietary consequences of a marriage are governed by the law of the husband's domicile at the time of the marriage, with respect both to movable and immovable property, whenever acquired. The original domicile remains the connecting factor, even if the spouses subsequently acquire a new domicile, for instance by immigrating to South Africa. This is known as the principle of immutability. Moreover - and this is of great practical importance - the reference to the law of the husband's domicile at the time of the marriage includes a reference to that country's transitional law, and generally to the lex causae. Although it may seem odd to the parties concerned that they are subjected to the changes in the law of a country from which they may long since permanently have departed - changes of which they may never even have heard - it is clear that South African case law, in accordance with the law of most other systems, will not freeze the law of the husband's domicile at the time of the marriage includes a reference to that country's transitional law, and generally to the lex causae.
In this contribution the current legal developments in Bophuthatswana, Botswana, Ciskei, South Africa, South West Africa/Namibia, Swaziland, Venda, Zambia and Zimbabwe with regards to principal legislation, government notices and judicial decisions are briefly descriptionbed.