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SOUTH AFRICAN LAW COMMISSION

PROJECT 90

THE HARMONISATION OF THE COMMON LAW AND THE INDIGENOUS LAW

REPORT ON CONFLICTS OF LAW

September 1999

Table of Contents

TO DR PM MADUNA, MP, MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT

I am honoured to submit to you in terms of section 7(1) of the South African Law Commission Act, 1973 (Act 19 of 1973), for your consideration the Commission’s Report on Conflicts of Law.

I MAHOMED
CHAIRPERSON: SA LAW COMMISSION

SEPTEMBER 1999

INTRODUCTION

The South African Law Commission was established by the South African Law Commission Act, 1973 (Act 19 of 1973).

The members of the Commission are -

The Honourable Mr Justice I Mahomed (Chairperson)
The Honourable Madam Justice JY Mokgoro (Vice-Chairperson)
The Honourable Madam Justice LM Mailula
Professor RT Nhlapo
Adv JJ Gauntlett SC
Ms Z Seedat
Mr P Mojapelo

The Secretary is Mr W Henegan. The Commission’s offices are on the 12th floor, Corner of Andries and Schoeman Streets, Pretoria. Correspondence should be addressed to:

The Secretary
South African Law Commission
Private Bag X668
PRETORIA
0001

Telephone: (012) 322-6440
Telefax: (012) 320-0936
E-mail: lawcom@salawcom.org.za
Internet site: http://www.law.wits.ac.za/salc/salc.html

The project leader responsible for this project is Professor RT Nhlapo. The researcher is Ms P Matshelo-Busakwe. The Commission wishes to express its gratitude to Professor TW Bennett for the preparation of this report.

This report will be available on the Commission’s Internet site once the Minister of Justice has Tabled the report in Parliament.

ACKNOWLEDGEMENT OF ASSISTANCE

The Commission gratefully acknowledges the financial grant from the Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) which enabled the Commission to conduct research, to prepare documents for discussion, to consult countrywide on its recommendations, and to print this report.