In deciding not to resign on or after 11th November 1965 the Rhodesian judges were making personal decisions, knowing that sooner or later they would be called upon to make an even more important legal decision.
The provisions relating to voluntary and compulsory arbitration in the Republic of South Africa differ fundamentally from the law in the United Kingdom. It is suggested that the law of the Republic has this merit, namely, that it ensures that no strike or lock-out takes place in essential services where the public interest would clearly be prejudiced; nor in non-essential services before serious attempts at a settlement have been set in operation. In the United Kingdom strikes and lock-outs can take place legally at any time, at least once notice of termination has been given.
In this lecture I shall confine myself to the legal rights of the General Assembly of the United Nations in regard to South West Africa. The lecture will entail an enquiry into whether the General Assembly derives any such rights from the Covenant of the League of Nations, the Mandate for South West Africa, the Charter of the United Nations 4 or any other international instrument, agreement or cause whatever.
The question arises what approach should be followed in guiding the South African science of administrative law to a mature and highly developed level. The almost obvious answer would seem to be to invoke the aid of a highly developed administrative culture. It would not be correct to see such an approach as denoting a comparative study.
The court's judgment may take two forms: it may either declare the foreign judgment to be enforceable in South Africa, or it may give judgment de novo against the defendant. When judgment has been given, the usual methods of enforcement may be applied, e.g. attachment and public sale of property, enquiry into the debtor's financial position, imprisonment, or sequestration.
In comparison with both the highly developed and the less developed countries, the present South African ratio between direct and indirect taxation is regarded by the Commission as exceptionally high. In the long run the share of direct taxes also shows an increasing tendency.
How far the Malagasy authorities would go in granting import permits for South African products, and making foreign currency available for products now being obtained from EEC countries, would depend on the extent to which South Africa would be prepared to take Malagasy products in return - and so forge closer interdependence of the respective economies.