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European Journal of Social Sciences ISSN 1450-2267 Vol 2, No 1 (2006) © EuroJournals Publishing, Inc. 2006 http://www.eurojournals.com/EJSS.htm TABLE 7: CURRENT REVENUE STRUCTURE OF LOCAL GOVERNMENTS IN THE SELECTED SOUTHWESTERN STATES (N Million) OYO OSUN EKITI Total Rev. Fed. A/C Stabili- Zation Fund State Alloc- ation VAT Internal Rev. Grants & Others Total Rev. Fed. A/C State Allocation 68 Stabili- Zation Fund VAT Internal Rev. Grants & Others Total Rev. Fed. A/C State Alloc- Ation Stabilization Fund VAT Internal Rev. 1996 595.5 505.5 - - 32.3 57.7 - 561.3 418.8 0.3 - 121.6 19.9 0.7 312.0 261.9 0.7 - 34.3 15.1 - 1997 1,129.7 704.3 - - 362.5 62.9 - 889.0 620.4 - - 239.3 28.0 1.3 567.5 399.1 0.7 - 138.6 22.6 6.5 1998* 1,115.8 829.0 - - 231.8 55.0 - 1,268.5 939.1 0.6 - 293.8 35.0 - 775.8 557.1 - - 181.6 37.1 - 1999* 1,665.6 1,028.4 - - 554.1 69.6 13.5 855.4 549.2 - - 227.7 58.8 19.7 580.8 364.6 1.2 - 134.1 29.9 51.0 2000* 1,898.8 1,332.9 177.7 - 299.6 88.6 - 3,367.4 2,857.8 - 37.9 327.4 39.4 104.9 1,742.9 1,427.2 - 131.7 147.0 26.3 10.8 2001* 4,848.3 4,373.3 62.9 - 840.8 207.8 204.3 1,763.1 1,282.2 - 216.8 344.9 122.6 141.5 1,395.8 1,102.1 - 225.1 194.0 22.3 46.3 2002* 5,205.2 3,568.7 916.3 - 461.8 159.5 98.8 4,390.0 3,267.0 106.8 261.0 562.5 95.9 96.8 3,527.5 2,530.7 - 313.6 637.5 43.3 2.4 2003* 12,309.6 10,672.6 49.6 - 1,355.0 166.2 66.2 12,122.2 10,735.7 22.9 14.5 1,238.1 62.9 48.0 7,047.1 5,110.6 - 17.9 610.9 1,283.5 24.1 Source: CBN Annual Survey of Local Government Councils and Federation Accounts (cited in CBN Annual Report and Statement of Accounts for the year ended 31 st December-various years) Foot Note (1) * means provisional. Grants & Other s
European Journal of Social Sciences ISSN 1450-2267 Vol 2, No 1 (2006) © EuroJournals Publishing, Inc. 2006 http://www.eurojournals.com/EJSS.htm Some Reflections on the Reception of Party Autonomy and the Freedom to Contract in South African Law Prof Riana Van Der Bank Acting Dean: Human Sciences, LL D Private BagX021 Vanderbijlpark, 1900 South Africa riana@vut.ac.za Abstract Party autonomy is the right of parties to a contract to freely agree upon not only the terms and conditions of their contract but to also determine the law that will apply to it. This is known as the choice of law which is also known as the ‘proper law’ or the ‘applicable law’ of the contract. This choice of law in the opinion of the author is a manifestation of the right to the freedom of trade in terms of the Constitution of the Republic of South Africa. While the freedom to determine the choice of law that will govern their contract is entrenched, like the other rights the parties’ right to autonomy may also be limited in terms of law of general application. Jurisprudence on party autonomy in South Africa law appears not to be well developed. This paper therefore seeks to explore the concept of party autonomy with reference to the establishment of principles recognized both in foreign domestic systems of law and in international instruments. These principles include the choice of ‘choice of law’, its application, substitution and scission. Introduction Party autonomy is premised on the notion that the parties to a contract are entitled not only to create rights and obligations between themselves but also that they are free to choose the law applicable to their contract. In other words, the parties to a contract are free to determine the law governing their contract. This choice of law by the parties to govern their contract is referred to as the ‘proper law’ or the ‘applicable law’ i.e. the lex causae or the lex voluntatis of the contract. The former is generally used by academic writers on conflict rules in English and Commonwealth contract law (Edwards, 1989: 329) and the latter by the drafters of international instruments. According to the classical conception of private international law (a tradition which spans some five centuries in Western legal development from Bartolus to Von Savigny) choice-of-law rules contain a necessary connecting factor. Connecting factors which feature prominently in the category of contractual obligations include: the domicile of the parties, the place of incorporation, the intention of the parties, the flag of a ship, the place of making or performance of a contract and the situs or situation of property. Where the parties have not made a choice of law applicable to their contract, then the law 69
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