Binga v. The Administrator-General for South West Africa and Others

Abstract

Relationship of international law and municipal law — Customary international law — Treaties — Mandate for South West Africa — Whether incorporated into law of South West Africa and South Africa — Whether Mandate for South West Africa possessing status superior to that of South West African legislation — Enforcement of Mandate — Whether Mandate enforceable by courts of South West Africa and South Africa — Resolutions of United Nations General Assembly and Security Council — Resolutions concerning Namibia/South West Africa — Whether forming part of international law — Whether incorporated into municipal law of South Africa and South West Africa — Reference to treaties as aid to interpretation of legislation

States — Mandated territories — Namibia/South West Africa — Status — Effect of resolutions of United Nations General Assembly and Security Council stating that South West African Mandate terminated — Status of Walvis Bay — Powers of Mandatory to govern territory — Whether restricted by Mandate — Conscription of inhabitants of territory — Whether permissible — Whether inhabitants may be required to perform national service outside territory of Mandate

Treaties — Mandates — Mandate for South West Africa — Status in law of South West Africa

Territory — Mandated territories — Namibia/South West Africa — Extent of territory — Walvis Bay — Whether part of Namibia/ South West Africa

International Court of Justice — Advisory jurisdiction — Effects of advisory opinions — Opinion on Legal Consequences for States of the Continued Presence of South Africa in Namibia — Legal effects

International organizations — United Nations — General Assembly — Legal effects of General Assembly resolutions — Whether constituting a source of international law — Security Council — Legal effects of resolutions — Resolutions of General Assembly and Security Council relating to Namibia/South West Africa — Whether courts of South Africa and South West Africa required to take account of such resolutions — Mandate system — Role of General Assembly in supervising application of Mandates

Recognition — Of sovereignty and rights of government — Namibia/South West Africa — Continued presence of South Africa in Namibia/South West Africa following resolutions of United Nations organs stating that South West African Mandate terminated — Whether South Africa recognized as having powers of government in Namibia/South West Africa — Whether recognition decisive in this context — The law of South West Africa and South Africa