Many parallels can be drawn between the Indian experience and the current situation in South Africa. Not least, both countries share the urgency of all developing nations to achieve greater social justice through a redistribution of wealth. As part of its quest for freedom, India too faced the formidable burden of delivering the mass of its people from poverty and ignorance. The popular demand for the elimination of vast disparities in wealth was accompanied by calls for social control over the economy. Once it took power, the newly elected Congress government embarked upon a selective policy of nationalisation and land reform as the means of attaining political equity in the economy. The process offers an intriguing comparative case study. Another feature the two countries are certain to have in common emanates from the human rights orientation of their popular democratic struggles against domination. The article attempts and analysis of the link between the political and legal processes in the steps undertaken after independence to socialise the Indian rural economy by way of land reform.
The draft constitutions of the five new states of the Federal Republic of Germany mirror their long and difficult history and reveal the direction future amendment of the German Constitution will take. The "Treaty between the Federal Republic of Germany and the German Democratic Republic on the Achievement of the Unity of Germany", Einigungsvertrag, not only changed the present constitution of the Federal Republic of Germany (the Basic Law, Grundgesetz3), it also recommended amendments to the Basic Law. While most of the changes to the Basic Law resulted from negotiations with the four former Allied powers, embodied in the Treaty on the Final Settlement with respect to Germany, the recommended amendments concerned the internal constitutional structure of the present united Germany. However, even before the discussions on the amendments started on a Federal level, the five new states which had formed the former so-called German Democratic Republic, entered into extensive parliamentary and public debate on the shape of their future state constitutions. The draft constitutions of these states have had considerable influence on future amendments to the Basic Law, which was to shape the reunited Federal Republic of Germany.
Attention has recently focussed on the plight and vulnerability of the South African domestic worker. Labouring outside protective legislation, these domestic workers enter into a highly personalised and socially invisible working relationship with an employer, without enjoying the benefits of collective bargaining and the entitlements of ordinary workers' rights. In what follows, the current legal position of the South African domestic worker and the proposals for law reform are examined briefly. The legal position of domestic workers in the United Kingdom, the United States of America, Zimbabwe and Swaziland are then be considered.
This article attempts to illuminate two of the many acutely important angles to the framework of the legal profession in Europe in 1992. First, the pragmatic effect of these developments on the question of reform of the legal profession. The law of certain member states confers distinct and exclusive audience rights on certain classes of lawyer (United Kingdom, Germany and France will be outlined). The true extent of rights under one part of Community legislation or another may well be the deciding factor in the decision to provide services or to seek establishment there. Secondly, the significance for South African lawyers of the trend in legal and other business in Europe away from a local setting for South African lawyers are explored. The article includes an overview of the regime applicable to EEC lawyers and the objections against it.
The focus of this article is to explore the numerous interpretations accorded to sections 46(1) and 47(11) of the Botswana Road Traffic Act (hereinafter "the Act"). Through an examination of case law, this article attempts to probe the correctness of the decisions selected and specifically, it asks whether the section that creates the offence of drunken driving is constitutional. A necessary concomitant of the discussion is its attempt to proffer varied and and often conflicting solutions to the problems raised. It is anticipated that this will lead the reader a step closer to finding answers to what seems an intractable conundrum.
In this contribution the current legal developments in Bophuthatswana, Ciskei, Namibia, South Africa, Transkei, Venda and Zimbabwe with regards to principal legislation, government notices and judicial decisions are briefly descriptionbed.