I have the honour to submit to you, in terms of section 7(2) of the South African Law Reform Commission Act 19 of 1973, the Commission's report on all its activities from 1 April 2007 to 31 March 2008.
There comes a time during the existence of any organisation when it becomes necessary to take a step back and critically evaluate what it has been doing and how it has been going about it. The South African Law Reform Commission (SALRC) has reached that stage in its existence during the year under review.
The SALRC over the past few years has been looking outwards: considering requests submitted to it by external sources, doing investigations into the affairs of others, evaluating and assessing the operations of outside institutions. This year, after many years, the SALRC has turned its critical eye inward to examine its own operations and processes, and to review its own goals and expectations. In the words of the logo of the SALRC, it is time for the SALRC to "Review the past, reform the present, and anticipate the future" in relation to its own processes.
The result of this inward focus has been the dawning of a period of review, reassessment and re-evaluation. Practices long forgotten or fallen into disuse have been taken from the shelf, dusted and put into use again. The overly familiar and well-trodden path has been reconsidered to judge whether it is still the best and most effective route to follow, and new directions have been forged.
This process of critical review has started in all earnest, but has not been completed yet. It has commenced with a review of the SALRC's processes following a two-pronged approach: an investigation into the development of the SALRC's research programme, and looking into the streamlining of the SALRC's processes and the release of its reports. In the course of reviewing the processes, the SALRC has also compared itself to other law reform agencies and made contact with several of them with a view to establishing best practices in law reform.
The review process culminated in the compilation of a draft implementation plan which was tabled at a meeting of the Commission on 1 December 2007. The implementation plan has been finalised and action has already been taken on a number of issues highlighted in the implementation plan, such as the revival of the SALRC Newsletter, relaunching the Ismail Mahomed competition for the best law reform essay by a law student, drafting a vision and mission statement for the Commission and the development of formal selection criteria for including investigations into the Commission's programme.
The process of evaluation and assessment is not completed, but everyone involved with the Commission is looking forward to the conclusion of this effort with great anticipation. The final outcome will not only serve to improve the Commission's work processes and procedures, but will ultimately serve the people of South Africa through improved service delivery on law reform that contributes to the realisation of a society based on democratic values, social justice and fundamental rights for all.
The Commission appointed under section 3 of the South African Law Reform Commission Act 19 of 1973, with effect from 1 January 2007, continued its excellent work.
Professor Cathi Albertyn.
(submitted to DOJCD in August 2002).
Project 109: Review of the Marriage Act 25 of 1961 (submitted to the Department of Home Affairs in May 2001).
Project 130: Stalking (submitted to Minister in November 2006).
This annual report covers the period from 1 April 2007 to 31 March 2008.
The Commission published a questionnaire as part of the investigation into Project 127: Review of administration orders.
Issue papers published by the Commission are listed in Annexure A.
Discussion papers published by the Commission are listed in Annexure B.
All investigations completed or being undertaken by the Commission are listed in Annexure C.
Project 107: Juvenile Justice: Child Justice Bill.
the consolidation or codification of any branch of the law; and steps aimed at making the common law more readily available.
The powers and duties of the Commission are set out in section 5 of the Act. Section 5 directs the Commission to draw up programmes that include, in order of preference, the various matters which in the Commission's opinion require consideration. The programmes must be submitted to the Minister for Justice and Constitutional Development (the Minister) for approval. The Commission may include any suggestion for investigation relating to the Commission's objects received from any person or body.
The Commission has to investigate the matters appearing on the programme as approved by the Minister and may consult any person or body for the purpose of the investigation. The Commission prepares draft legislation if it is of the opinion that legislation ought to be enacted with regard to the matter investigated.
Committees of the Commission perform the functions assigned to them by the Commission and are subject to the Commission's directives. Activities performed by committees are deemed to be performed by the Commission and for the purposes of remuneration, members of committees are deemed to be members of the Commission.
Advisory committees fall under the second category of committees.
The names of the members of the advisory committees appear in Annexure E.
Although the Act does not specifically refer to the appointment of project leaders, it is the Commission's practice to appoint a project leader for an investigation on its research programme. A project leader could be a Commissioner, a member of an advisory committee appointed by the Minister (section 7A(1)(b)(ii)), or any other person who is not a Commissioner and who is not a member of an advisory committee (section 8(2)).
The main task of a project leader is to guide the designated researcher by providing advice and direction and evaluating the research. If the project leader is the designated chairperson of a committee as envisaged in section 7A(3) of the Act, he or she will also guide the proceedings of the advisory committee.
The Commission is assisted in its task by a fulltime Secretariat consisting of officials on the establishment of the Department of Justice and Constitutional Development.
Mr M F Palumbo (1 August 2007 to 31 March 2008).
Law reform cannot be delivered without high quality research. The in-house researchers at the South African Law Reform Commission (SALRC) are professionally qualified lawyers, the majority of whom have vast experience in the law reform environment.
The result has been the development of scholarly research publications and the involvement of the researchers in various activities as highlighted in Chapter 5.
Ms R van Zyl (Senior State Law Adviser).
Mr M F Palumbo serves as Assistant Secretary to the Commission.
Two posts of Senior State Law Adviser are vacant.
Messenger: Mr G Maseko.
Various internal committees have been established to assist the SALRC with the execution of its functions.
Ms T Madonsela (chairperson) Mr MF Palumbo Mr MB Cronjé Ms A-M Havenga Ms R van Zyl Mr MF Mdumbe Ms R Bronkhorst Ms CJ Pienaar (for purposes of the Justice Today Newsletter) The Communication Committee was established in December 2007 to address the communication needs of the SALRC. Specific areas of responsibility of this committee include: The compilation and distribution of the SALRC Newsletter The arrangement of media conferences Marketing of the Commission The Ismail Mahomed law reform essay competition Liaison with DOJCD on the Justice Today Newsletter The Committee arranged a media conference on 7 March 2008, which was also attended by the Minister for Justice and Constitutional Development. The first issue of the SALRC's revived Newsletter was distributed on 17 March 2008. The Committee also revived the Ismail Mahomed competition for the best law reform essay by a law student in conjunction with Juta.
Ms M van den Bergh Induction of researcher who commenced service on 1 February 2008.
Ms N Singh (to assist with Director-General of DOJCD on 11 March the induction of interns) 2008 for the possible recruitment and appointment of interns at the Commission.
Mr MF Palumbo (chairperson) Mr MB Cronjé Mr PA van Wyk Ms GMB Moloi Ms JMH Oosthuizen Ms S Gule. The Library Committee is responsible for considering the acquisition of publications to ensure the relevance of the holdings of its library. The Committee also reflects annually on the SALRC's standing orders for publications and subscriptions to electronic data bases. The Committee liaises from time to time with the principal librarian at the DOJCD who, during the period under review, took the responsibility of acting as the supervisor of the librarian at the SALRC. During the year under review the Committee considered and approved the acquisition of several new publications which were received during March 2008. During January 2008 the Library Committee finalised an advertisement for publication to fill the vacant post of librarian at the SALRC.
Ms U Behrtel (previous chairperson) Mr L Mngoma (chairperson) Mr MF Mdumbe Ms R Bronkhorst Ms E Louw Mr R Swart Mr G Maseko. The Occupational Health and Safety (OHS) Committee was established on 11 April 2007 in terms of section 19(1) of the Occupational Health and Safety Act 85 of 1993. The Committee also liaises with the landlord of the building on OHS issues, evacuation plans, power outages, etc. The Committee meets at least once per quarter. During the tenure of the Committee, emergency signs were installed, emergency equipment was procured and staff members were nominated to attend training. Regular consultation takes place between the Chairperson and the Operational Manager on general matters pertaining to the building.
Ms AM Louw (chairperson) Mr AWF van Vuuren Ms GMB Moloi Ms R van Zyl Mr T Monare Mr J Kabini Ms AM Havenga Mr MF Mdumbe (for purposes of the Commission's implementation plan). The Process and Procedure Committee was established in February 2005. This Committee is responsible for the review of existing procedures and the establishment of new procedures on working methods and operational systems for the Commission. The Committee is also responsible for corporate identity matters such as business cards and the appearance of Commission publications. During the year under review the Committee undertook the following activities: Developing a vision and mission statement for the Commission Developing new guidelines for Commission publications Developing selection criteria for new investigations Developing an implementation plan for the Commission Reviewing the Commission's style manual.
Ms D Clark (chairperson) Ms A-M Havenga Ms C Pienaar Mr L Mngoma Ms N Singh Ms M Oosthuizen Mr A Singh Ms N Pillay The Training Committee was established in February 2005 to identify training needs and source and co-ordinate training for the SALRC's personnel. The tasks of the Committee include the following: Identify training needs of staff Source service providers Liaise with service providers on training needs Format training courses Arrange training courses Obtain approval for training expenditure in accordance with the relevant financial prescripts Liaise with DOJCD Human Resources on training matters Represent the Branch: Legislative Development at the National Skills Development Forum. The Committee obtained approval to arrange group training for the entire SALRC staff component. Group training, particularly in-house group training, is a more cost effective way of utilising available funds. The Committee has to arrange training within the allocated budget, which requires balancing training needs with available funds and departmental and SALRC priorities. The following courses attended by staff members of the SALRC were arranged and facilitated by the Training Committee: African Languages Cultural Diversity MS Word Advanced Law Teachers' Conference presented by the University of Pretoria Presentation Skills Managing your Personal Finances Social Economic Rights. Researchers on the level of Principal State Law Adviser attended training as part of Project Khaedu, an initiative of the Department of Public Service and Administration to strengthen the management capabilities of senior managers in the public service with the ultimate goal of improving service delivery. The Training Committee liaised with Human Resources at DOJCD and other relevant role-players to facilitate the attendance and participation of SALRC staff.
The annual report of the Department of Justice and Constitutional Development contains information on the SALRC's programme performance and financial statements.
The Commission's present programme appears in Annexure F. As indicated, Annexure C contains a list of all the investigations included in the Commission's programme since its inception and indicates the final result or current state of investigations.
Any person or body is free to submit proposals for law reform to the Commission. In each case the Commission considers the merits of a proposal. In some instances a preliminary inquiry is instituted to determine whether the inclusion of a matter in the Commission's programme is justified. The Commission may also include matters in the programme of its own accord.
Research is done to determine authoritatively the existing legal position and to identify shortcomings or deficiencies that need to be rectified. Consultation takes place between the researcher, project leader, advisory committee (where one exists), the general public, stakeholders and persons with particular knowledge concerning the matter under investigation. Members of the public are informed of the availability of discussion papers by means of press releases and press conferences. In addition, copies are distributed to organisations and, sometimes, to individuals whose views on the subject under discussion the Commission particularly wishes to canvass. The responses to the provisional proposals are carefully studied before final decisions are made. The Commission also hears oral evidence in appropriate cases. Its recommendations are embodied in comprehensive reports, which are submitted to the Minister.
less complicated; and to give effect to the values and principles underlying the Constitution.
The many valuable comments and proposals received on the Commission's recommendations as contained in its documents, confirm that its working methods are successful. These methods ensure that the Commission's final recommendations are wellsubstantiated and are the product of thorough debate. The working methods also facilitate the enactment of the Commission's proposed legislation, which embodies the recommendations.
Commission papers and committee papers are internal documents that are normally not available outside the ranks of the Commission. In these papers proposals for the inclusion of matters in the Commission's programme, research results for the information of or consideration by the Commission, draft issue papers, discussion papers and reports as well as a variety of other matters in respect of the functioning of the Commission are dealt with. The papers are numbered in sequence as they serve before the Commission.
Issue papers published since the introduction of the document series are listed in Annexure A.
Discussion papers published since the introduction of the document series are listed in Annexure B.
The Act requires the Commission to prepare a full report on any matter investigated by it and to submit such reports together with draft legislation, if any, to the Minister for consideration. All reports of the Commission are official, but not all are published. Annexure C lists the investigations reported on by the Commission since its establishment.
This series has been used mainly for publications intended to make the common law more readily available and contains translated common law sources and noters-up. Research papers published are listed in Annexure G.
Issue papers and discussion papers are supplied free of charge to interested institutions and persons who wish to comment on a particular matter. These papers are widely distributed and are also obtainable from the Commission's offices. The annual report, papers in the research series and reports on investigations that are published, may be purchased from the Government Printer in Pretoria.
The Commission met on 30 July and 1 December 2007. The working committee met on 23 June 2007. The advisory committee for Statutory Law Revision (Project 25) met on 15 May 2007 and the advisory committee for Privacy and data protection (Project 124) met on 28 June 2007.
134 Administration of estates.
A number of the above-mentioned projects are in line with the government's priorities as identified in the State of the Nation Address delivered by the President on 8 February 2008, the address by the Minister for Justice and Constitutional Development during the debate on the President's State of the Nation Address and the Government's Programme of Action for 2008.
The President highlighted the revamping of the criminal justice system and the need for the establishment of a new, modernised, efficient and transformed criminal justice system. He also identified the fight against organised crime as a matter of particular concern. In harmony with this, the Minister identified the fight against crime and the creation of a safe environment for all South Africans and the enhancement of our capacity to fight crime, in particular organised crime and corruption, as some of the main focus areas of the Department of Justice and Constitutional Development.
The Commission's investigations into the use of electronic equipment in court proceedings (Project 113), protected disclosures (Project 123) and the review of the law of evidence (Project 126) support the aim of establishing a new, modernised, efficient and transformed criminal justice system. The worldwide phenomenon of trafficking in persons is usually perpetrated by crime syndicates, one of the reasons why particular trafficking offences have to be created by statute. Trafficking legislation is also aimed at the protection of especially women and children, which is in line with another important governmental objective. The Commission's investigations into sexual offences: adult prostitution (Project 107) and stalking (Project 130) are also aimed at crime prevention and the protection of vulnerable groups such as women and children.
Another government and justice priority is the accessibility of justice for all. The creation of community courts, municipal courts and small claims courts supports this objective and the Commission's project on community dispute resolution structures (Project 94) is therefore highly relevant.
indirectly linked to the acceleration of economic growth and development and the all-important goal of a better life for all the people of South Africa as highlighted by the President. Projects such as the investigations into assisted decision-making: adults with impaired decision-making capacity (Project 122), privacy and data protection (Project 124), prescription periods (Project 125), review of administration orders (Project 127), review of aspects of the law of divorce (Project 128), review of aspects of matrimonial property law (Project 129) and administration of estates (Project 134) relate to consumer protection and family law, aimed at a better life for all.
The Commission's statutory law revision project (Project 25) is aimed at reviewing the complete statute book in order to remove or adapt legislation considered to be unconstitutional, redundant or obsolete. Cabinet requested in 2001 the identification of all discriminatory and unconstitutional legislation enacted prior to 1994, as well as the review of provisions in the legislative framework that would result in unfair discrimination as defined in section 9 of the Constitution. In terms of a Cabinet decision the Commission is required to submit bi-annual reports on progress with the investigation to Cabinet.
In 2004, the Commission embarked upon a major investigation aimed at revising the complete statute book with a view to removing or adapting legislative provisions considered to be unconstitutional, redundant or obsolete.
Acts, Amendment Acts, Supplementary or Additional Acts and Private Acts. The progress report was considered by Cabinet in September 2007.
Prof. Cathi Albertyn developed a document for the Commission setting out guidelines for the identification of legislative provisions that are obviously in conflict with section 9 of the Constitution. The guidelines are based on an analysis of Constitutional Court judgements. The tables of Constitutional cases as per Prof. Albertyn's report have been updated and made available to the researchers involved with project 25. Future judgements of the Constitutional Court relating to the "equality" clause in the Constitution will be added as and when they become available.
Legislation administered by the Department of Arts and Culture The drafting of a consultation paper analysing the 32 statutes administered by the Department of Arts and Culture to determine which provisions are redundant, obsolete or unconstitutional commenced in July 2007. A consultation paper was forwarded to the Department of Arts and Culture during November 2007 for their consideration and comment. A response from the Department had still been awaited at the end of the period under review.
Legislation administered by the Department of Foreign Affairs The drafting of a consultation paper analysing the 13 statutes administered by the Department of Foreign Affairs to determine which provisions are redundant, obsolete or unconstitutional has commenced during the period under review.
Legislation administered by the Department of Housing The drafting of a consultation paper analysing the 14 statutes administered by the Department of Housing to determine which provisions are redundant, obsolete or unconstitutional commenced in January 2008.
Legislation The drafting of a consultation paper analysing the 67 statutes administered by the administered by Department of Public Works to determine which provisions are redundant, obsolete or the Department of unconstitutional commenced in April 2007.
Public Works forwarded to the Department of Public Works for consideration and comment. On 31 October 2007 the Department indicated that some of the laws that are the possible subject of either repeal or amendment are property related laws, which fall under the administration of the Property Owner Activities unit in that Department. The consultation paper was forwarded to that unit for perusal. In November 2007 the Department of Public Works published a discussion paper on the revision of the Expropriation Act for public information and comment. That revision aims to introduce consistency and uniformity in the manner that all organs of state undertake expropriations. A response from the Department of Public Works on the Commission's consultation paper and the impact of their proposed revision on the Commission's consultation paper had still been awaited at the end of the period under review.
Legislation administered by the Department of Transport The drafting of a consultation paper analysing the 218 statutes administered by the Department of Transport commenced in November 2006. The statutes that have been provisionally identified for repeal or amendment were discussed with the legal adviser of the Department of Transport in November 2006. The Department indicated that it agreed with the proposals made by the SALRC. The drafting of a discussion paper commenced in 2007. The finalisation of the discussion paper for submission to the Commission was imminent at the end the period under review.
National Treasury. Quitrents Act and the Savings Bank Borrowing Powers Act to determine which are redundant, obsolete or unconstitutional commenced in January 2007. A consultation paper containing repeal and amendment proposals was submitted to the project leader for his consideration in December 2007 and in March 2008.
The Commission considered the status of project 25 on 23 June 2007. The Commission noted that internal research capacity to conduct statutory law review was limited due to the fact that the majority of researchers are attending to other projects on the Commission's programme.
Labour, Land Affairs, Minerals and Energy, National Treasury, Provincial and Local Government and Trade and Industry. The statutes of the remaining twelve Departments which administer a smaller number of statutes will be reviewed by SALRC researchers, namely Arts and Culture, Correctional Services, Foreign Affairs, Housing, National Intelligence, Public Enterprises, Public Service and Administration, Science and Technology, Social Development, Safety and Security, Sport and Recreation and Water Affairs and Forestry. A memorandum proposing the appointment of experts by the Minister was submitted to the Department of Justice and Constitutional Development (DOJCD) in September 2007 and has been under consideration by the Ministry since February 2008.
The ad hoc Joint Committee on the Open Democracy Bill, 1998 (which resulted in the Promotion of Access to Information Act, 1998) in its resolutions on the Bill adopted on 24 January 2000 inter alia requested the Minister for Justice and Constitutional Development to consider the amendment of the Interpretation Act 33 of 1957, to bring it in line with the principles of constitutional democracy and practices of interpretation used by Parliament and the courts since 1994. The Commission decided on 17 November 2000 that the review of the Interpretation Act should form part of its existing project on statutory law revision. This was subsequently approved by the Minister. The Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) agreed to provide funding for the remuneration of an expert legal drafter to assist with the investigation. An agreement between the consultant and the GTZ was concluded in November 2002. The Commission approved the publication of a discussion paper on the review of the Interpretation Act 33 of 1957 on 9 September 2006. A media statement announcing the availability of Discussion paper 112 was released on 6 October 2006. The discussion paper is discussed in the 2006/2007 annual report. After several extensions to afford respondents more time to comment, the final closing date for comments on Discussion paper 112 was determined as 30 April 2007. Comment on the discussion paper was received as late as September 2007. Evaluation of the comments and the development of a draft report commenced during 2007. The researcher is also studying the January 2007 judgement of the High Court in the Durban and Coast Local Division in Singh v Ramparsad and Others 2007(3) SA 445 (D).
The finalisation of an amended draft report on community dispute resolution structures is receiving attention. Although an advisory committee meeting to discuss the draft Bill and re-assess the membership of the committee is still pending as most of the active members are not available, the researcher, the project leader, and two advisory committee members, Professor Schärf and Professor Cartwright, have considered the draft Bill and a draft report is being finalised. In their consideration of the draft Bill, Professors Schärf and Cartwright had encountered a few problems which they brought to the attention of the project leader and the researcher. These are being attended to.
Although the advisory committee decided that a discussion paper on family mediation would be completed subject to the finalisation of the investigation into community dispute resolution structures, preliminary research is being carried out whenever time allows as the researcher has been appointed to serve on the task team on Judicial Functions of Traditional Leaders: Policy Formulation.
This investigation forms part of the larger project on Sexual Offences. An issue paper on adult prostitution was published for general information and comment in August 2002.
The finalisation of a draft discussion paper on adult prostitution has been receiving attention subject to the finalisation of the investigations into protected disclosures (Project 123), stalking (Project 130) and trafficking in persons (Project 131). A draft discussion paper will be finalised during the second quarter of 2008.
The project is not currently receiving attention and will be assigned to a new researcher once the vacant posts of Senior State Law Adviser are filled.
The Commission, as far back as 1988, undertook an investigation with a view to improving the plight of mentally incapacitated persons who cannot afford the costs involved in securing a High Court appointed curator. The Commission's recommendations led to the adoption of the Mentally Ill Persons' Legal Interests Amendment Act 109 of 1990, which amended the Mental Health Act 18 of 1973. This amendment enabled an interested person to apply to the Master of the High Court (which entails insignificant costs) for the appointment of a curator to a person who is not declared to be mentally ill, but whom the applicant believes to be suffering from mental illness to such an extent that the person is incapable of managing his or her own affairs.
Although the present investigation revives the Commission's previous investigation, it covers a broader spectrum.
interests of persons whose legal capacity has for some reason been diminished have been researched.
An issue paper on this project was published at the end of 2001. A discussion paper was published for general information and comment in January 2004 and is discussed in the 2003/2004 annual report. Wide consultation preceded the development of an extensive draft Bill comprising about 150 clauses which has been finalised during the year under review. Consultation with a representative of the Departmental Policy Unit and with the Chief Master of the High Court to address policy issues took place during July and August 2007. Compilation of a draft report for submission to the Commission was partly suspended between June and December 2007 due to the researcher's involvement in work pertaining to research and improvement of the SALRC's processes (see chapter 1).
The draft report is receiving attention for consideration by the Commission by the end of 2008. Policy input from the DOJCD on the proposed draft Bill is awaited.
An issue paper dealing with the need for the extension of the ambit of the PDA was published in the form of a questionnaire in January 2003. A discussion paper was published for general information and comment in June 2004 and is discussed in the 2004/2005 annual report. A draft report was submitted to DOJCD in October 2005. Comments received from DOJCD in the course of 2006 and 2007 have been incorporated into the draft report and proposed legislative amendments. The draft report was submitted to Commissioners and DOJCD on 21 November 2007 for comment. The draft report served before the Commission on 1 December 2007. The draft report has been amended to reflect the comments received to date. Policy input from the DOJCD on the draft report is awaited. Information about people and their activities can range from medical and financial records, purchasing habits and property ownership to borrowing habits at the video store, conversations via cellular telephone and surfing practices on the Internet - all mostly recorded in digital form. It is clear that personal information has acquired a market value. Ensuring the security of information has furthermore become very important since instances of identity theft and fraud have increased dramatically.
An issue paper was published for general information and comment in August 2003 and is discussed in the 2003/2004 annual report. A discussion paper was published for general information and comment in October 2005, which is discussed in the 2005/2006 annual report.
A series of workshops hosted by the SALRC were held in February and March 2006. The closing date for comments on the discussion paper was extended to 31 August 2006. Written submissions received on the discussion paper have been collated. A comprehensive draft Bill has been approved, in principle, by the advisory committee at its meeting on 28 June 2007. A draft report is being finalised. Policy input from the DOJCD on the draft report is awaited.
No comprehensive review of the provisions providing for different prescription periods - whether of a contractual or delictual nature - has ever been undertaken by the Commission. When reporting on the Bill which subsequently became the Legal Proceedings Against Certain Organs of State Act 40 of 2002, the Portfolio Committee for Justice and Constitutional Development recommended that the Minister for Justice and Constitutional Development be approached to request the Commission to include in its programme an investigation into the harmonisation of the provisions of existing laws providing for different prescription periods. The project is not currently receiving attention and it will be assigned to a new researcher once the vacant posts of Senior State Law Adviser are filled.
The Commission approved the inclusion of an investigation into the law of evidence in the Commission's programme on 17 September 2001. An advisory committee for the investigation was approved on 26 November 2002 and appointed in January 2003. The advisory committee's first meeting took place on 13 March 2003.
Professor PJ Schwikkard, one of the advisory committee members at the time, was requested to prepare a draft discussion paper on the principle of relevance and the hearsay rule. The advisory committee considered a revised discussion paper on 10 August 2004, after which the committee requested Professor Schwikkard to do further research with the assistance of Judge Nugent. Judge Harms (project leader) and Judge Nugent (advisory committee member), however, resigned during February 2005. The Commission appointed Professor Schwikkard as the new project leader on 2 March 2007.
The Minister appointed two new advisory committee members in August 2007 and the first meeting of the new committee was held on 26 October 2007. The advisory committee resolved to publish an issue paper in the format of a questionnaire to invite input from all relevant role players. The Committee was of the opinion that this was essential to determine the scope of the investigation. The Committee also approved the publication of a discussion paper on hearsay evidence and relevancy. The Committee recommended that a period of three months be allowed for comments on the documents.
The publication of an issue paper and a discussion paper on hearsay evidence and relevancy was announced at a media conference on 7 March 2008. The closing date for comments in respect of both publications is 30 June 2008.
The previous Minister for Justice and Constitutional Development requested the Commission to investigate administration orders by following an incremental approach to distinguish between reforms that could be effected in the short and medium term and reforms that could be effected in the medium to long term.
The Commission decided on 30 September 2005 that a proposal should be made to the Department of Trade and Industry that the National Credit Bill, 2005, should provide for certain amendments which would pave the way for the abolishment of administration orders in terms of section 74 of the Magistrates' Courts Act 32 of 1944. However, the Bill was passed by Parliament without any of the envisaged provisions. DOJCD then indicated that it would consider the repeal of section 74 amendments along the lines suggested.
When the Department of Trade and Industry submitted a proposal for urgent amendments to the National Credit Act and the Magistrates' Courts Act, the Commission reconsidered the matter. The Commission decided on 23 June 2007 that it would continue with the investigation. During March 2008 the Commission published a questionnaire on the future of administration orders in view of the provisions of the National Credit Act 34 of 2005. A decision will be made on the way forward once the responses to the questionnaire have been considered.
A family counsellor from the Family Advocate's Office in Bloemfontein requested the Commission to conduct an investigation into access of fathers to children after divorce where the children were placed in the mother's custody. The project was initially approved as Project 128 - Review of aspects of the law of divorce.
The Commission approved on 23 June 2007 that the name of Project 128 be changed to "Custody of and access to minor children" in accordance with its focus and that, because of possible mutual elements in Project 128 and Project 129: Review of matrimonial property law, both investigations should be dealt with as sub-projects under the Commission's existing broad investigation into Family law and the law of persons (Project 100). The Commission also approved that the Minister be approached to appoint a joint advisory committee for the two sub-projects. Ministerial approval for inclusion of this project as a sub-project under Project 100 and for the appointment of an advisory committee is awaited.
The researcher concluded a pilot study in the Kwa-Zulu Natal province by means of questionnaires completed by family advocates, social workers, psychologists and legal practitioners. Subsequent to the pilot study, five questionnaires were developed and distributed nationally to family advocates, social workers, psychologists, legal practitioners and parents. A total of 163 responses were received. The researcher held separate focus group forums with family advocate offices in nine provinces. One national focus group forum with principal and senior family advocates and family counsellors was held in February 2008 to reach consensus on controversial issues.
The researcher also consulted representatives from key organisations including DOJCD, the South African Association of Mediators and the Family Association of Mediators of the Cape and tertiary institutions. Their responses have been transcribed and will also be used to inform a discussion paper.
consultations will be analysed and collated and will be used to develop a discussion paper.
The Matrimonial Property Act was passed in 1984 in order to deal with shortcomings in the matrimonial property law at the time. The Act has been in place for nearly 25 years. Apart from the problems which have in particular been brought to the Commission's attention, a number of social and legal changes since 1984 (including the adoption of the 1996 Constitution and the recognition of customary marriages and of civil unions) suggest that a review of the law is necessary to ensure that it meets current needs. The purpose of the investigation is to review the current law for greater legislative fairness and justice in governing interpersonal relationships between spouses.
In view of possible mutual elements (such as a need to reform current divorce procedures) between Project 129 and Project 128 (Review of aspects of the law of divorce) the Commission on 23 June 2007 decided to include these two investigations as sub-projects under its existing broad investigation into Family law and the law of persons (Project 100). The Commission also decided to appoint a single advisory committee to assist the Commission with these two investigations. The Minister's approval of these decisions is awaited.
A draft report on trafficking in persons has been finalised, but is subject to pending policy input from DOJCD.
that the South African Law Reform Commission be requested to investigate the possibility of a specific civil action in respect of consequential damages arising from hoaxes (including the possibility of punitive damages) separate from the expenses incurred by the security services, to deal with such hoaxes. The civil action is intended to be separate from the reimbursement order, which may be made by a Court after a conviction in respect of the offence relating to hoaxes (Clause 18(2) of the Protection of Constitutional Democracy against Terrorist and Related Activities Bill). A provision to this effect in our law is, for example, in respect of riot damage, which occurs as a result of gatherings and demonstrations (see section 11 of the Regulation of Gatherings Act 205 of 1993).
The project was assigned to the researcher in June 2005. A draft discussion paper has been submitted to the project leader for his consideration and comments.
A discussion paper dealing with measures to improve the administration process and to reduce the work of the supervising authority and executors was approved for publication by the Commission in September 2005 and is discussed in the 2005/2006 annual report.
It would take a considerable time for the Commission to approve a report on the comprehensive review of administration of estates and for the enactment of proposed legislation. Two matters however require urgent resolution, namely administration of "small" estates and streamlined procedures for other estates. An interim report dealing with these issues will be considered by the Commission at its next meeting.
A preliminary investigation into medical negligence and related aspects as a potential project for inclusion in the Commission's programme was conducted during the year under review.
Preparing a proposal paper for consideration by the Commission.
Several meetings were held with officials from the South African Medical Association (SAMA) and other role players. In spite of several requests for the information and meetings to discuss the information required, no information could unfortunately be obtained from the South African Medical Association and other relevant role players. In view of the fact that the matter therefore could not be taken forward, the Commission resolved on 1 December 2007 not to include this investigation in its programme.
In South African law, the common law offence of murder consists in the intentional and unlawful killing of another person. The culpable and unlawful killing of an unborn baby by a third party does not constitute a crime since a foetus is not considered to be a person. The current position in South African law is that a person only attains legal subjectivity at birth.
The Commission received a request from the Deputy Director of Public Prosecutions: Eastern Cape to investigate this legal position. The purpose of the preliminary investigation is to determine the necessity and propriety of creating a separate offence of the culpable and unlawful killing of a foetus by a third party. Depending on the outcome of this determination, the Commission will be formally requested to include an investigation into this matter in its programme in order to develop a definition and the elements of such an offence for purposes of proposing legislation.
The Ombudsman for Long-term Insurance requested the Commission to consider an investigation into mis- and non-disclosure in insurance law. The preliminary investigation was assigned to a researcher in February 2008, who has commenced with preliminary research.
The report on Project 90: Customary law of succession was submitted to the Minister for Justice and Constitutional Development in August 2004. The Minister approved the report for publication on 7 March 2008.
The South African Law Reform Commission has been involved in an investigation into the customary law of succession since 1998. The customary law of succession is based on the principle of male primogeniture, which has been a bone of contention since the promulgation of the 1993 and 1996 Constitutions. This principle entails that the eldest male descendant of the deceased inherits the estate. The application of this rule means that women and children who are not the eldest, cannot inherit. This principle prevents women, daughters and other male children from inheriting in the event of the deceased dying intestate. The principle of male primogeniture also enjoys legislative recognition. Section 23 of the Black Administration Act 38 of 1927 provides that all intestate estates of deceased Blacks must devolve according to customary law. This means that only males are allowed to succeed to status and property in the family.
The Commission published an issue paper in 1998 which generated immediate public interest and elicited continuing oral and written responses. In May 1998, as the responses were being received by the Commission, the Department of Justice and Constitutional Development developed a draft Bill. This Bill was submitted to Cabinet in June 1998 and introduced in Parliament as the Customary Law of Succession Amendment Bill, 1998. The Bill extended the general law of succession as embodied in the Wills Act 7 of 1953 and the Intestate Succession Act 81 of 1987 to all persons by the simple expedient of including within the terms of the latter Act all persons previously covered by section 23 of the Black Administration Act 38 of 1927. A discussion paper was published in 2000 after eliciting comments from various interested parties, including prominent nongovernmental and community-based organisations concerned with women's issues and customary law. A series of workshops were held which were attended, among others, by traditional leaders in all the provinces. A follow-up consultative meeting of expert role-players was also held.
The Commission had the benefit of considering numerous precedents set by other African countries. This report gives an overview of the discussions and debates that took place in the different fora during this process. It explains the dilemma faced by the Commission in choosing the options eventually adopted in the report and draft Bill.
The Commission finalised and submitted the report to the Minister in April 2004. The purpose of the investigation was to reform the customary law of succession in order to bring it in line with the Constitution. The reform is necessary as the application of the customary law of succession is discriminatory on the basis of gender and age. The report contains draft legislation which is intended to modify the customary law of succession so as to provide for the devolution of certain property in terms of the law of intestate succession; to clarify certain matters relating to the law of succession in relation to persons subject to customary law; and to amend certain laws in this regard.
SA 580 (CC), ruled that the customary rule of male primogeniture was unconstitutional.
In its report the Commission recommends the repeal of section 23 of the Black Administration Act 38 of 1927. The Commission also considered statutes that govern the application of the customary law of succession, namely the KwaZulu Act on the Code of Zulu Law 16 of 1985 and the Natal Code of Zulu Law, Proclamation R151 of 1987. Sections 79 to 82 make provision for testate and intestate inheritance of property and stipulate that succession and inheritance have to be in accordance with the rule of male primogeniture if the deceased family head had contracted a customary marriage.
One of the most important recommendations of the Commission, with regard to the reform of the customary law of succession, is the amendment of the Intestate Succession Act 81 of 1987. The proposed Bill provides that upon a person's death, the estate has to devolve in accordance with that person's will or, where there is no will, according to the law of intestate succession prescribed by the Intestate Succession Act 81 of 1987. This would apply to all estates, including estates of persons who had contracted a customary marriage that existed at the time of death. It is also recommended that the definition of a spouse be extended to include a spouse or spouses of customary marriages. All children born as a result of a customary marriage are, irrespective of age and gender, regarded as heirs ab intestato.
Another important recommendation relates to the recognition of supporting marital relationships for the purposes of intestate succession. Children of these relationships are to be regarded as heirs of a deceased person, on whose behalf such relationships were contracted. The relationships concerned are the ukungena, ukuvusa, ukuzalela and similar relationships. It is further recommended that children adopted according to customary law be regarded as children of their adoptive parents for purposes of intestate succession.
Generally, Africans do not adopt children in accordance with the prescripts of the Child Care Act 74 of 1983. The Intestate Succession Act 81 of 1987 places adopted children of a deceased in the same position as other children for purposes of intestate succession. The Commission recommends that children adopted in terms of customary law should also inherit from their adoptive parents.
In Western societies the law emphasises the interests, rights and liberties of individuals. African customary law, on the other hand, is general, traditional and aimed at preserving group interests. In the circumstances it is foreseen that the rigid application of the rules of succession will not always meet the needs of the persons concerned. The Commission therefore also recommends a procedure for resolving disputes and uncertainties pertaining to the devolution of family property. Disputes or uncertainties in connection with the devolution of family property will be determined by the Master of the High Court who has jurisdiction.
When a dispute arises in connection with the status of, or any claim by, any person in relation to a person whose estate or part thereof devolves in accordance with the Intestate Succession Act 81 of 1987, or the nature or content of any asset in such estate or the devolution of family property, the Master of the High Court is authorised to make a determination as seems to be just and equitable in order to resolve the dispute or remove the uncertainty.
speedily and without resorting to court action, disputes that may arise in the determination of these issues.
Before the passing of the Marriage and Matrimonial Property Law Amendment Act 3 of 1988, the effect of a civil marriage on an existing customary marriage was that the latter marriage was dissolved. The material rights of the spouses and children of the dissolved customary marriage were, however, protected in terms of the repealed section 22(7) of the Black Administration Act 38 of 1927. Realising that there might still be customary marriages that had been dissolved by civil marriages, the Commission made recommendations regarding the protection of the material rights of such wives and children in its draft Bill.
It is possible in customary law to allot property to a wife in a customary marriage. Moreover, certain kinds of property are, in terms of customary law, regarded as accruing to the wife or house created by a customary marriage. Although such property is under the control of the husband, it is regarded as belonging to the house created by the customary marriage and as such, to the wife. The property has to be used exclusively for the benefit of the wife and her children. The draft Bill recommends that this property has to be divisible by means of the will of the wife and if she dies intestate, it has to devolve in terms of the Intestate Succession Act 81 of 1987.
Finally, it is recommended that the Maintenance of Surviving Spouses Act 27 of 1990 be amended to include within the definition of "survivor" a spouse in a customary marriage.
The Commission depends for the efficient performance of its functions on the co-operation of institutions and persons who have an interest in its investigations. In order to ensure the best possible involvement of interested parties, it is the Commission's policy to inform the public as far as possible of new investigations undertaken and of issue papers and discussion papers published for general information and comment. Issue papers and discussion papers of the Commission are released by way of media statements so as to ensure good coverage. However, the Commission also submits issue papers and discussion papers of its own accord to institutions that have an interest in the investigations concerned. The reaction to these documents is an indispensable link in the process of law reform and it plays an important role in the eventual recommendations made by the Commission in its reports.
The good relations maintained by the South African Law Reform Commission (SALRC) with law reform bodies and institutions in other countries make the exchange of consultation papers, reports and other information possible. In this way, valuable information is exchanged that facilitates and expedites comparative research. It is significant how various legal systems are often faced with similar problems. The exchange of documents and information enables the Commission to evaluate thinking elsewhere in the world.
Study visit by three researchers from the Lesotho Law Reform Commission: 25 January 2008.
Ms T Madonsela, the full-time Commissioner, attended the 46th session of the Asian-African Legal Consultancy Organization in Cape Town from 2 to 6 July 2007.
New South Wales Law Reform Commission. This was especially apparent at the highly successful media conference held by the Commission on 7 March 2008.
The Secretary and Assistant Secretary deal with enquiries on the work of the Commission virtually on a daily basis. These include enquiries from the media, other state departments, the professions, universities, NGOs and members of the public.
Apart from dealing with routine enquiries on a regular basis, researchers and advisory committee members also participate in various programmes and discussions relating to their research projects. These take the form of, among others, interviews with radio stations, television appearances, articles in law journals and liaison with individuals and institutions.
In line with the Commission's policy to broaden its consultation base, extensive workshops and briefings in respect of relevant investigations are held. An effort is made to host the workshops and present briefings in as many different locations (urban and rural) as possible and the target audiences are, among others, the legal fraternity, relevant NGOs, state departments, parliamentary committees, relevant experts and the community in general.
Researchers and advisory committee members often participate in activities not initiated by the South African Law Reform Commission nationally and abroad. They are invited by government departments, non-governmental organisations and other institutions to attend seminars or conferences and to participate in workshops relating to investigations on the Commission's programme. In addition, they are frequently requested to present papers or lectures on the research projects that they are involved in or have been involved in.
operation between the Commission and other role players, serves to publicise the Commission's activities and ensures that duplication of initiatives is avoided.
Simplification the South African Criminal Justice System (CJS). Mr AWF van Vuuren period Mr Van Vuuren of criminal was nominated by the Chairperson of the Commission to participate in attended meetings of procedure the Departmental Review of the criminal justice system.
Briefing of the National Assembly Portfolio Committee on Justice and Constitutional Development and the National Council of Provinces Select Committee on Security and Constitutional Affairs re Criminal Law (Sexual Offences and Related Matters) Amendment Bill Assist the Department of Justice and Constitutional Development in the matter of Phaswane with regards to several constitutional issues relating to the position of children in criminal trials Meeting with a sexual health educator with regard to updating the curriculum in line with legislative developments Briefing of Namibian Law Reform Commission regarding the Sexual Offences Bill Participate in meetings of the Inter-sectoral Committee on the implementation of the Sexual Offences Act Interview on Radio 702 with Keenu Cummies on statutory sexual assault and statutory rape and the "Kissing Law" Interview on 104.
Attend and participate in workshop on the Children's Act and the Children's Amendment Bill with DSD, the Department of Local and Provincial Government and local authorities.
Meeting with Prof.
Brief a delegation from the USA State Department on investigation into trafficking in persons and other legislative processes relating to trafficking in persons.
The South African Law Reform Commission's comprehensive website can be accessed at http://salawreform.justice.gov.
During the period under review a substantial number of persons and institutions responded to specific or general invitations by the Commission to comment on particular issues or to assist it with its activities in some respect. It is impossible, within the scope of this report, to mention all contributors. However, the Commission expresses its sincere gratitude to all concerned - without their goodwill and assistance the Commission would not be able to perform its duty satisfactorily.
The Commission also wishes to express its appreciation to the various project leaders (from within and outside the Commission) for providing advice and direction to researchers, evaluating the research and for the documents and reports compiled under their guidance. The Commission would also like to express its appreciation to individuals and organisations for their willingness to serve on advisory committees of the Commission.
The Commission would also like to thank the researchers of the Secretariat for their dedication and the consistently high levels of excellence and professionalism maintained by them. A special word of gratitude is reserved for the persons who acted as Secretary during the period when the post of Secretary to the Commission was vacant.
Since March 1983 a serial number has been assigned to all discussion papers - previously referred to as working papers - and only these are listed below. Discussion papers are numbered consecutively.
4 Investigation into the element of fault in injuria 1978 Not published No legislation recommended.
8 Steps aimed at making the common law more readily available - - Several works published.
11 Investigation into the common law rule that interest may not accrue beyond the principal debt 1974 RP 18/1975 Recommendations not implemented, but see section 68A of the Insurance Act 27 of 1943 in respect of policy loans.
Report 1977 RP 57/1978 Divorce Act 70 of 1979 passed.
Section 7(3) of Act 70 of 1979 1991 ISBN 0 621 14140 2 Divorce Amendment Act 44 of 1992 passed. See also Projects 100 and 114 13 Investigation into the right of recourse of spouses in respect of contributions towards necessaries for the joint household 1974 RP 79/1975 Matrimonial Affairs Amendment Act 13 of 1976 passed.
15 The matrimonial property law with special reference to the Matrimonial Affairs Act, 1953, the status of the married woman, and the law of succession in so far as it affects the spouses 1982 RP 26/1982 Matrimonial Property Act 88 of 1984 passed. See also Projects 41 and 51.
16 Investigation into the application of setoff in insolvency 1975 Not published No legislation recommended. See Project 63 17 Examination of the convention on the form of an international will 1975 Not published No legislation recommended.
19 Investigation into the shifting of the onus of proof in bribery charges 1975 Not published No legislation recommended.
21 Limitation of the institution of legal actions against the State 1977 Not published No legislation recommended.
27 Abolition of civil imprisonment 1976 Not published Abolition of Civil Imprisonment Act 2 of 1977 passed. See also Project 54.
34 Examination of the legal consequences of artificial insemination and the duty of support in respect of certain adulterine children 1978 Not published No legislation recommended. See also Project 38.
37 Review of preferent claims in insolvency 1984 ISBN 0 621 090840 X Recommendations not implemented. See Project 63.
Supplementary report 1994 RP 158/1995 ISBN 0 621 16869 6 Referred back to the Commission. See Project 112.
47 Unreasonable stipulations in contracts and the rectification of contracts 1998 RP 133/1998 ISBN 0 621 28678 8 Under consideration by the Department of Justice and Constitutional Development. Submitted to the Department in May 1998.
53 Investigation into the amendment of section 26 of the Insolvency Act 24 of 1936 1983 Not published Insolvency Amendment Act 84 of 1984 passed. See also Project 63.
59 Islamic marriages and related matters 2003 RP 210/2003 ISBN 0 621 34989 5 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in July 2003.
Third interim report: The right of the Director of Public Prosecutions to appeal on questions of fact 2000 RP 58/2001 ISBN 0 621 30678 9 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in December 2000.
Fifth interim report: A more inquisitorial approach to criminal procedure 2002 RP 219/2002 ISBN 0 621 33510 X Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in August 2002.
Final report: Out-of-court settlements in criminal cases 2002 RP 218/2002 ISBN 0 621 33511 8 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in August 2002.
82 A new sentencing framework 2000 RP 57/2001 ISBN 0 621 30679 7 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in December 2000.
A compensation scheme for victims of crime in South Africa 2004 Ministerial approval of publication of report is awaited Report was submitted to the Minister for Justice and Constitutional Development for approval of publication in May 2004 and again in August 2006.
Fourth interim report: Compulsory HIV testing of persons arrested in sexual offence cases 2000 RP 40/2001 ISBN 0 621 30618 5 Recommendations regarding victims' need for information on their alleged offenders' HIV status have been included in Chapter 5 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007.
86 Euthanasia and the artificial preservation of life 1998 RP 186/1999 ISBN 0 621 29831 X Report under consideration by the Department of Health. Report submitted to the Department in 1999.
88 The recognition of a class action in South African law 1998 RP 181/1999 ISBN 0 621 29818 2 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in September 1998.
Conflicts of law 1999 RP 81/2000 ISBN 0 621 30061 6 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in September 1999.
90 Traditional courts and the judicial function of traditional leaders 2003 RP 209/2003 ISBN 0 621 34988 7 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in January 2003.
Customary law of succession 2004 Report being printed Publication of report approved by Minister for Justice and Constitutional Development on 7 March 2008. Report was submitted to the Minister in August 2004.
94 International arbitration 1998 RP 30/1999 ISBN 0 621 28861 6 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in July 1998.
Domestic arbitration 2001 ISBN 0 621 31453 6 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in June 2001.
96 Apportionment of Damages Act, 1956 2003 RP 208/2003 ISBN 0 621 34987 9 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in July 2003.
101 The application of the Bill of Rights to the criminal law, the law of criminal procedure and sentencing 2001 RP 118/2001 ISBN 0 621 31451 X Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in June 2001.
109 Review of the Marriage Act 2001 RP 117/2001 ISBN 0 621 31454 4 Report under consideration by the Department of Home Affairs. Report submitted to the Department in 2001.
112 Sharing of pension benefits 2000 RP 82/2000 ISBN 0 621 30060 8 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in June 1999.
Postponement of criminal cases via audiovisual link 2003 RP 211/2003 ISBN 0 621 34990 9 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in July 2003.
114 Publication of divorce proceedings 2002 RP 217/2002 ISBN 0 621 33572 6 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in August 2002.
133 A specific civil action in respect of consequential damages arising from hoaxes - - See Chapter 3 134 Administration of estates.
Project 94: Arbitration: Community dispute resolution structures Prof.
Project 126: Review of the law of evidence Prof.
1 Mr J P J Coetzer SC A critical legal comparative study of law reform in South Africa (translation) ISBN 0 621 09442 0 2 Prof. Ellison Kahn The life and works of Hugo Grotius (1583-1645) GP-S 3 00344 3 Mrs M A Olwage (ed) Women and sexual offences in South Africa: Proceedings of a seminar held by the Institute for Criminology at the University of South Africa in conjunction with the South African Law Commission, Pretoria, 18 October 1984 (translation) ISBN 0 621 09779 9 4 Mr S I E van Tonder SC (ed) Index to the Opinions of the Roman-Dutch Lawyers and the Decisions of the Courts of the Netherlands which have been digested in the Algemeen Beredeneerd Register of Nassau La Leck (1741-1795), by Dr A A Roberts, Vols 1(A-B), 2(C-D), 3(E-H), 4(I-L), 5(M), 6(N-R), 7(S-T) and 8(U-W) Vol 1: ISBN 0 621 09382 3 Vol 2: ISBN 0 621 09646 6 Vol 3: ISBN 0 621 09778 0 Vol 4: ISBN 0 621 10254 7 Vol 5: ISBN 0 621 10295 4 Vol 6: ISBN 0 621 10686 0 Vol 7: ISBN 0 621 10710 7 Vol 8: ISBN 0 621 10709 3 5 Profs. F J Bosman, J De Smidt, H W van Soest & P van Warmelo Observations on decided cases concerning antenuptial contracts written by Cornelius Neostadius ISBN 0 621 09855 8 6 Profs.
8 Prof. P van Warmelo and Adv C J Visser Aantekeninge van Johannes Voet oor die Inleidinge van Hugo de Groot (text and translation) Vol 1: ISBN 0 621 10641 0 Vol 2: ISBN 0 621 10642 9 9 Prof. L J du Plessis Translation of Vinnius' Tractatus de Pactis ISBN 0 621 10277 6 10 Prof. W J Hosten (ed and transl), Mrs C van Soelen and Mr P Ellis Treatise on the quasicontract called promutuum and on the condictio indebiti by Robert-Joseph Pothier ISBN 0 621 10722 0 11 Prof. R Whitaker Quaestiones juris privati by Cornelius van Bijnkershoek Vol 1: ISBN 0 621 10657 7 Vol 2: ISBN 0 621 10675 5 12 Profs.
South African Law Reform Commission E-mail: reform@justice.gov.
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