Current moves in the United Kingdom to reform the law relating to rape have arisen as a result of issues surrounding the Morgan case. The desire to rid the law of many of its anachronisms may be applauded. Nevertheless the charge may be put that the Sexual Offences (Amendment) Act 1976 is too limited in scope to effect the overall review of the common law of rape which is required.
This article outlines the main features of the judicial system of Transkei. It is by no means a comprehensive treatise on the subject, but rather an examination of the more important or interesting aspects.
When the legality of a proposed boycott of South African mail by British trade unionists was challenged in the English Courts, the Court of Appeal at the House of Lords differed sharply on the question of whether an ordinary member of the public has the locus standi to bring a public action, in casu to utilise civil remedies to deter a crime being committed which would have widespread effect.
Changes of citizenship on the grant of independence are not unusual but, in the case of Transkei, the process involved a number of unusual features which attracted considerable comment and criticism. This article is an attempt to examine the process in more detail.
The topic of this article is how modern African socialism relates to ethical legal thinking. The theses I wish to put to the reader are three in number. The first is the rather obvious one that a defence of African socialism as an ideology requires an ethical foundation. My second thesis is that, in fact, African socialism provides for an African natural law doctrine and a concomitant principle of African legality. And my third thesis is that the principle of African legality is quite reconcilable with the rule of law.
The recent case of Dladla v Dlamini (Court of Appeal for Swaziland, February 17 1977 reported in CILSA July 1977) involved the consideration by the court of the effect of a marriage by civil rites upon a subsisting customary union. Action for damages had successfully been instituted in the Swazi National Court by a plaintiff husband on the ground of his wife's adultery with defendant.