Gur Corporation v. Trust Bank of Africa Ltd.

Abstract

States — Recognition — Recognition issue before domestic courts — “Republic of Ciskei” — South African legislation providing that Ciskei an independent State — Ciskei not recognized as independent by the United Kingdom — Whether Government of Ciskei or its servants may become parties to proceedings before the English courts — Whether Ciskei still a part of South Africa — Whether Government of Ciskei can be regarded as a local authority operating within South Africa and thus be permitted to appear before the English courts

Governments — Recognition — United Kingdom policy of not granting or withholding recognition of governments — 1980 policy statement — Government of Ciskei — Executive certificate that Ciskei not recognized as an independent State — Whether expressing a view about entitlement to exercise governmental authority in Ciskei — Role of the court under new United Kingdom policy regarding recognition of governments — Standing of Government of Ciskei before the English courts

Relationship of international law and municipal law — Executive statements — Recognition of States and governments — Interpretation of executive statement by courts — Rule that executive and courts should speak with one voice — Recognition of foreign laws — Extent to which effect should be given to South African legislation regarding Ciskei — Whether English courts required to disregard entire legislation or merely that part purporting to create an independent State — The law of England