Chapter 1: | Introduction |
As a consequence, South Africa‘s legal system was a natural attraction to Zimbabwe. The racist Zimbabwe, as it was then, developed its legal system imitating developments in the legal system of the then apartheid South Africa.
In the case of Swaziland and Lesotho, these two countries have been geographical and economic enclaves of South Africa. Therefore, the transmission of legal values from South Africa to these two weaker neighbouring countries has progressed over a long period of time due, in part, to the sharing of some legal institutions7 and to the geographical proximity of the countries. But more intriguing is the case of Botswana. Botswana lies further north of South Africa and is neighbours with Zambia. Yet, Botswana embraced Roman-Dutch law, although it lies further north from South Africa. Equally interesting is Namibia‘s case since, for the most part, Namibia was under German colonial rule. Yet, we see that from the time South Africa’ Afrikaner-led National Party gained political power in 1948,