1. Department of Public Law, University of Stellenbosch (from 1 March 2000); formerly Professor, Department of Private Law, University of South Africa. Thanks to Tania Prinsloo, who rendered expert and tireless research assistance, to Hamilton Raphasha, who traced some references, and to Greg Alexander, Tom Allen, Sean Flynn, Gerhard Kemp, Frank Michelman, Loot Pretorius, and Joe Singer for valuable discussions and comments. I take full credit for remaining misconceptions and errors.