4
in some cases, after a gap of some years, new entities have been established in their
place.16
In Australia there was vigorous advocacy in the late 19th Century for action to deal with
the complex, ponderous and isolating nature of the law although nothing concrete was
established at a national level until the Law Reform Commission in 1975 under the
visionary and potent Chairmanship of Justice Michael Kirby. He has continued in the
ensuing 30 years to be a major voice for law reform in his own country and abroad.
There had been various entities in some States and many of the States in Australia
continue to have law reform bodies17.
The history of law reform in your own country is interesting. Your Commission in its
current form was established in 1973 as the South African Law Commission (changed
to its present name in 2002)18, but for a couple of decades prior to that time there was a
Law Revision Committee of about 20 members19. As well as producing reports which
lead to specific legislative enactments in areas as diverse as the apportionment of
damages, presumption and suretyship, there was valuable work undertaken in making
the common law more accessible by translations from Latin and Dutch. With only very
busy part-timers and no permanent secretarial base, progress was inevitably limited.
My country frequently claims to be a place of innovation and experiment. Whether the
reality at all periods in our history is as impressive as the rhetoric may be open to
debate, but there are matters which we can point to with pride some movements
including Family Protection legislation at the beginning of the 20th Century20, the first
16
The Law Reform Commission of Canada was abolished in 1992. The current Law Commission of
Canada was established on 1 July 1997.
17
Australian Law Reform Commission 20 Years of Law Reform (ALRC, Sydney, 199 6)
18
South African Law Reform Commission Thirtieth Annual Report 2002/2003
19
William Henegan, Chief Director of the Law Reform Commission, South Africa, to the author,
January 2005, Email
20
Family Homes Protection Act 1895, to become the Joint Family Homes Acts 1908, 1950 and 1964
(Peter Spiller, Jeremy Finn and Richard Boast A New Zealand Legal History (2 ed, Brookers,
Wellington, 2001) 89)