Moratoria vir krygers in die Anglo-Boereoorlog: 'n regshistoriese perspektief

Abstract

"Civil relief for soldiers during the Anglo-Boer War: a lego historical perspective"
For many centuries legal systems have made use of equitable devices postponing the legal obligations of and suspending legal remedies against soldiers on active service. These are usually referred to as moratoria, stay laws or civil relief. During the second half of the nineteenth century various stay laws of divergent form and content were enacted by belligerents. In this contribution attention is drawn to the moratoria or stay laws introduced before or during the American Civil War, the Franco Prussian War and the Anglo-Boer War. In this context, the emphasis is placed on analysing the legal origins, content, interpretation and legacy of the civil relief legislation for soldiers on active service enacted by Great Britain. the Orange Free State and the South Afircan Republic (ZAR) in particular. Similarities between the stay laws of American states such as Iowa and Rhode Island. the Wet voor den Krifgsdiens in de Zuid-Afrikaansche Republiek of 1898 and South African legislation presently in force are contextualised. In conclusion the very real causal connection between the suspension of civil legal remedies and the postponement of contractual obligations is stressed and criticism is levied on early twentieth century Dutch jurisprudence that tended to ignore this causality.