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PER: Potchefstroomse Elektroniese Regsblad

Print version ISSN 1727-3781

PER vol.11 n.3 Potchefstroom Jan. 2008

 

EDITORIAL

 

This edition contains an interesting mixture of contributions from various parts of the world and from the perspective of various disciplines of the law.

• Dr. Timothy I Akomolede of the Olabisi Onabanjo University in Nigeria highlights a number of legal and socio-economic problems that have been engendered by the emergence of electronic commerce, especially in developing countries such as Nigeria.

• Professor Jan Bekker, Honorary Professor of theUniversity of Pretoria studies the criteria and procedures for the statutory creation of kingdoms in accordance with the principles of customary law in South Africa.

• Professor Mahulena Hofmann and Mr Martin Faix of the Justus Liebig University in Gießen, Germany present an analysis of the influence that international law exerts in the recently rejuvinated constitutional systems of various Central and Eastern European states and they show that the acceptance of international law in the law and jurisprudence of those countries is remarkably high.

• Professor Juanita Jamneck of the University of Pretoria illustrates problematic aspects of section 2(3) of the South African Wills Act 7 of 1953 in that an apparently valid will might not be such, due to the incapacity of the testator, and then suggests how this situation might be resolved.

• Mr Tumai Murombo of the University of the Witwatersrand argues that there is no coherence in the South African legislative provisions dealing with environmental impact assessments and sustainable development because effective public participation is not provided for.

• Professor Flip Schutte of the North-West University (Potchefstroom) highlights the difficulties emanating from a situation where it is not clear in a transaction concerning the transfer of land whether an agreement was actually concluded. He suggests that the shortcomings in South African law in this regard may be sought either in the Dutch and German example where parties are required to appear before a conveyancer in person, or in the incorporation of the terms of an agreement in the deed of transfer.

 

Francois Venter

7 October 2008

Edition Editor: Christa Rautenbach