The matter of this survey is the so-called disappointed-beneficiary cases. In these cases an intended beneficiary of a will suffers a loss, because the will is rendered invalid due to legal malpractice of the will-preparing lawyer. There are several difficult problems contained in these cases. The problems shall be examined by comparing the solutions for these cases under English and under German law. - As will be seen below, policy-considerations form the core of the leading court decisions dealing with that problem in England as well as in Germany because no satisfactory theoretical solution to the problem is been found yet. But in both jurisdictions it seems that the courts and writers concerned with these cases seem to tend to the opinion that the policy reasons are speaking for a solution in which the lawyer is held liable to the disappointed beneficiary. Since the theoretical problems are still not solved, these policy arguments are of crucial importance in the disappointed-beneficiary cases. Next to a survey of the conceptual issues it shall therefore be tried to examine these policy arguments carefully.

The Centre for Local Government Training, Western Cape, has been running a training/orientation programme for local government councillors since the beginning of 1996. ' As part of this programme, I have had the opportunity to conduct the training of a basic module on local government and administrative law for several transitional local councils. From the numerous questions asked in this regard, it soon became clear that many councillors were uncertain as to when they had to recuse themselves from council meetings on the grounds of bias, or a possibility of bias. Not surprisingly, as the test for bias in non-judicial administrative decision making is far from clear, even to lawyers, many councillors appeared to have difficulty in applying the test to their personal circumstances. It is hoped that this dissertation, in shortened and simplified form, can serve as a practical guide to councillors in this regard. After all, prevention is better than cure, and any unnecessary court proceedings that can be avoided, will be saving the ratepayers thousands of rands. At the outset, the rules of natural justice will be briefly discussed, as well as section 33 of the Constitution of the Republic of South Africa, no 108 of 1996. This will be followed by a detailed discussion of the rule against bias: including the test to be applied; the grounds for the appearance of disqualifying bias illustrated by a discussion of case law; the issue of departmental bias; the consequences of impermissible bias; and the doctrine of necessity. The focus will then move to local government, and the relevant legislation as expounded by the courts. Finally, the consequences of a biased decision in local government will be looked at, and the constitutionality of certain sections of the local government ordinances questioned.

In most of the situations where is more than one person involved one person is superior to the other. The father is superior to his child, the employer is superior to the employees, the captain is superior to his team or the general is superior to his soldiers. If there is a task to be carried out, any person may carry this task out on grounds of free will. But if the person does not want to carry out this task, then the superior may order him to do so. But what happens if the task carried out after such an order been given proves to be wrong? What if it even fulfils the definition of the crime? The ordered person may be accused of committing a crime and then may say: "But I was ordered to do so. Blame my superior but not me!" This dissertation will deal with the legal background of this "defence" raised by the accused. It will compare the three different legal systems of Germany, the United States of America and South Africa to determine on which grounds a superior order given prior to the act can serve as a basis for a defence. The three legal systems, the history, the acceptance by the courts and all the prerequisites established in the course of decades of jurisprudence will be analysed in order to establish a scheme under which these countries deal with superior orders being involved prior to a crime or offence committed by the receiving inferior.

This thesis deals with the question of how the existence and extent of damage, as well as well the proper amount of damages, · are to be determined in the case of delict. To answer this question most legal systems have developed different rules and principles which do work satisfactorily in most cases. There are, however, certain cases in which the basic principles do not lead to satisfying results. In these cases courts often have a problem establishing their, decision, as neither basic legal principles nor legal theory are able to provide a satisfying solution.

Few topics in South African Family law have received as much attention by the Courts, Legislators, academics and the general public as the legal relationship between fathers and their extra-marital children. The widespread national interest peaked recently in 1997 in the delivery of the sensationalised Fraser judgement by the South African Constitutional Court. Through the declaration of this judgement, the Court broke new ground in pronouncing decisively not only on the rights of an unmarried father but also on the application of the right to equality within the context of a post-constitutional South Africa.

The benefits of Mineral resources must be distributed equitably and sustainably among all mining stakeholders including mining communities. Sustainable mining practices extend to the promotion of socio-economic development of local communities affected by mining activities. Mining communities often bear the brunt of the negative effects of mining, which include environmental degradation and interruption of social and cultural norms. In recent times, mining communities have increasingly raised concerns and complaints in opposition to the commencement of mining projects or ongoing mining projects where mining companies have failed to fulfil their end of the bargain. For example, in South Africa, the unrest leading to the unfortunate events at Marikana in 2012 led to significant scrutiny on the role of mining companies in the socio-economic development of mine labourers and mining communities. In particular, the effectiveness of Social and Labour Plans was brought under scrutiny. Additionally, the Constitutional Court has recently adjudicated cases relating to the relationship between mining companies and mining communities whereby the need for meaningful consultation with mining communities before the grant of a mining license was emphasized. This dissertation analyses whether the legal framework in South Africa adequately safeguards the rights of mining communities. Further, it considers whether the mechanisms put in place in the mining legal and regulatory framework, for example, the requirement of consultation with interested and affected parties, sufficiently protect mining communities. A proposal is made for the incorporation of Community Development Agreements into the legal framework to safeguard mining community rights for the following reasons. First, the agreement provides legally binding obligations for both parties. Secondly, it serves a powerful mechanism in sharing the benefits of mining. Thirdly, it provides a clear structure for the mitigation of some of the negative impacts of mining through socio-economic development of mining communities.

Includes abstract. / Includes bibliographical references. / This study is limited to technology based companies and transactions, but it provides a basic overview of the changes in intellectual property laws in jurisdictions relevant to the topic of this thesis, and in particularly addresses the impact on Chinese and Japanese laws due to TRIPS and WTO.

South Africa's rich mineral endowment makes it a geologically favourable country for investment in its mining industry. However, even countries with geologically favourable conditions will not attract investment in its mining sector if the regulatory regime does not provide certainty and stability. One aspect of such a regulatory regime is the provision of mineral tenure security. Studies indicate that strong mineral tenure security is an important factor that investors take into account before investing is a country's mining industry. For example a study by J.M Otto found that out of a possible sixty factors influencing investment decisions, security of tenure was ranked second during the exploration phase and first during the mining phase. Conceptually, mineral tenure security defies a single definition. The concept requires certainty and stability of rights through the entire mining sequence with the aim of providing the best opportunity for right holders and investors to develop mines profitably and to maximise returns on investments. In this sense, mineral tenure security requires minimisation of risks and uncertainties that may prevent profitable development of mines and maximising returns on investments. The specific requirements for strong mineral tenure security depends on the theoretical underpinnings of the regulatory regime. This thesis argues that it is likely that in regimes with a strong private-law character, private-law rules will be significant for providing mineral tenure security. Conversely, in regimes with a strong public-law character, it is likely that private-law rules will not be central to the provision of mineral tenure security. In regimes with a strong public-law character, rules of administrative law, for example, are more likely to be significant for providing mineral tenure security. The Mineral and Petroleum Resources Development Act (MPRDA) came into operation in 2002. This thesis demonstrates that the Act brought about significant changes to the theoretical landscape of mineral law. Before the MPRDA, the regime pertaining to minerals was based on a combination of private holding and public administration of rights to minerals. The Act changed this landscape to one that is based predominantly in public law. Against this background, this thesis follows two courses of inquiry; the first with a mainly theoretical character and the second with a mainly practical character. The first (theoretical) course of inquiry investigates whether the private-law concepts that are traditionally associated with mineral tenure security, namely ownership of minerals and mineral resources and real rights in property, continue to strengthen mineral tenure security in the current regulatory regime. This course of inquiry also investigates the limitation of a private-law based approach to mineral tenure security. The second (practical) course of inquiry investigates how the current predominantly administrative regime strengthens mineral tenure security. The second course of inquiry attempts to identify the shortcomings of the current regulatory regime in strengthening mineral tenure security and also attempts to provide a set of solutions for these shortcomings.

This thesis concerns the rise of transparency as a discursive fact of modern society. It seeks to understand both why and how the concept has come to be dominant within global neoliberal capitalism. From governments and political parties, to businesses and non-profit organisations, diverse institutions across the globe are embracing 'transparency'. Yet, despite its prominence, transparency remains vague and undefined, with scholarship largely devoted to expressing its merits and exploring ways to strengthen its practice. This has allowed transparency to gain its discursive power and, eventually, to become dominant. I turn to the work of Michel Foucault to problematise the transparency discourse with a view to unravel the effects of its discursive power. Through a Foucaultian critique, I come to read transparency as a depoliticising régime of truth ‒ one that is part and parcel of the Western will-to-power of neoliberalism, which excludes and, within this exclusion, contains, other realities. I identify transparency as an elusive and abstract metaphor, while defining it as a discursive practice of 'making visible'. My analysis follows the Foucaultian lines of archaeology, discourse, and governmentality, drawing these analytical strands together into a genealogy of transparency. The thesis notes the historical arrival of transparency within an ocularcentric episteme of the Western Enlightenment which privileges ideas of visibility ‒ an episteme from which neoliberalism also arises. I continue to trace the proselytisation of transparency upon the Global South, and its de-legitimisation of other forms of governance. The analysis then explores how transparency works within a dispositif (a relational field of power) of the current neoliberalist moment, creating a depoliticising illusion of a society that can be seen, known and understood. Further, I discuss how transparency is seeking to produce transparent subjects who are made visible to the disciplining powers of its discourse. In conclusion, my enquiry raises questions about an affinity between transparency and a hegemonic neo-colonial project to fashion a world in its own image: in the image of whiteness – a homogenous and de-politicised centre from which all else 'deviates'. Yet, I note a profound paradox at play. For transparency signals a marked absence, a paradoxical invisibility. Thus, as it seeks to create a world after its own image, it is in fact working towards its own inevitable unworking and absence.

In an eviction matter, the court is required to consider all relevant circumstances and grant an order that is just and equitable. An important relevant circumstance to be considered is whether the unlawful occupiers have alternative accommodation. Courts are reluctant to grant eviction orders that would leave the unlawful occupiers homeless. In matters where unlawful occupiers are unable to secure their own alternative accommodation, courts often look to the state to provide alternative accommodation. Courts have ordered the state to provide alternative accommodation to the unlawful occupiers in certain cases as a condition of the eviction order (an alternative accommodation order). This thesis seeks to determine when an alternative accommodation order as a condition to the eviction of unlawful occupiers in terms of the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act 19 of 1998 (PIE) would comply with the court's constitutional mandate. Two criteria are determined against which to test whether alternative accommodation orders comply with the court's constitutional mandate. First, the court's constitutional mandate requires that its orders adhere to the existing legal framework. Second, the court's constitutional mandate requires that its orders respect the functions of the branches of government. An alternative accommodation order would only adhere to the legal framework if there is a valid ground for placing this duty on the state. The possible grounds for holding the state liable relate to its constitutional duty to respect, protect, promote and fulfil human rights. One possible ground relates to the state's duty to fulfil the unlawful occupiers' right of access to adequate housing by implementing reasonable short-term housing programmes. Hence, whether the state has a duty to accommodate the unlawful occupiers within its short-term housing programme is a relevant circumstance to be considered by the court. A finding that the state has a duty to accommodate the unlawful occupiers, immediately, is likely to lead to an eviction with an order against the state to provide alternative accommodation, regardless of the other circumstances. If the state does not have a duty to accommodate the unlawful occupiers immediately in terms of its duty to fulfil human rights, its liability to provide alternative accommodation might still be found on its duty to respect and protect human rights. This is because, under some circumstances, the granting of an eviction order that results in homelessness might violate the rights of the unlawful occupiers, whereas a denial of the eviction or a delay in the granting or execution of an eviction order might violate the rights of the landowner. Placing the duty on the state to prevent or mitigate the violation by compensating either of the parties could be justified due to the state's duty to respect and protect human rights. As an alternative to compensation, a court could order the state to provide alternative accommodation to the unlawful occupiers. These two possible grounds for alternative accommodation orders are analysed to determine when alternative accommodation orders based on these grounds would adhere to the existing legal framework and respect the functions of the branches of government. These grounds are likely to have the same outcome. For both grounds, certain factors weigh heavily against an alternative accommodation order: blameworthiness on the part of the unlawful occupiers, a lack of blameworthiness on the part of the state, a finding that the state's limited resources should rather be spent on others who are needier or more deserving. In the conclusion of the thesis, recommendations are made regarding two problem areas in granting alternative accommodation orders in eviction matters - the availability of state resources and the burden of proof.