CLA1501: South African Legal System

• CLA1501: Study Units 1 focuses on the South African Legal System.

Learning Outcomes

• A key learning outcome is the ability to distinguish between the origins and the sources of South African law.
• It's important to identify the various courts in South Africa, including their functions, jurisdiction, and officers
• Another is explaining the operation and effect of the doctrine of stare decisis.
• It's important to know how to apply theoretical rules and methods to interpret Statutes.
• Describing the contents and typical aspects of a court judgment is included.
• It's neccessary to differentiate between the ratio decidendi and an obiter dictum.

Origins of the Law

• The South African legal system has unique roots.
• It is rooted in Roman Law as an origin of the law
• Roman Law was in effect from 753 BC to 568 AD.
• Emperor Justinian ordered the collection and codification of Roman Law in the Corpus Iuris Civilis in 291 AD
• Roman-Dutch Law is the infusion of surviving Roman Law with Dutch customary law.
• It includes writings of RD jurists, the statutes of Holland, and old Dutch opinions and court decisions
• Jan van Riebeeck introduced it to the Cape in 1652
• English Law was received in the Cape during the 19th century.
• Appeals could be made to the Privy Council in London at the time
• It influenced new legislation, including criminal procedure, law of evidence, and administration of estates.

Sources of the Law

• Sources are divided into authoritative and persuasive categories.
• Authoritative sources are binding, thus a court must apply such a source.
• Act of Parliament or Legislation (statute or statutory law) is an example.
• Persuasive sources are non-binding but may influence a court.
• Commercial law textbooks are examples

Sources of the Law

• Authoritative: Statute law/Legislation, Customary Law, Judgments, Old Authorities.
• Persuasive: Foreign Law, Textbooks and Law Journals.
• The Constitution is the supreme law, and any law violating its provisions is invalid.

Courts in the Republic

• Courts in South Africa are divided into superior and lower courts.
• Superior courts have unlimited jurisdiction.
• Lower courts have limited jurisdiction.
• Lower courts: Magistrate's Court and Small Claims Court
• Three important Superior Courts are Constitutional Court (CC), Supreme Court of Appeal (SCA), High Court
• The Constitutional Court's seat is in Johannesburg.
• It is the highest court of appeal in all matters.
• A quorum of 8 justices is needed to hear cases.
• The Constitutional Court includes the Chief Justice, Deputy Chief Justice, and 9 additional judges.
• The Supreme Court of Appeal (SCA), formerly the Appellate Division (A), has its seat in Bloemfontein.
• The SCA hears appeals of decisions from the High Court with unlimited appeal jurisdiction
• The exception is matters within the Constitutional Court's exclusive jurisdiction
• The SCA includes a President, Deputy President, and other judges called 'Justices.'
• There is only one High Court of South Africa with divisions in every province.
• The High Court can exercise original jurisdiction over any matter within its area.
• Only the High Court has original jurisdiction over matters like mental capacity, sequestration, liquidation, and will validity.
• It is composed of Judge Presidents and Deputy Judge Presidents.
• The Superior Courts have Officers of Superior Courts.
• These include Registrars, Master of the High Court, Sheriffs, Legal Practitioners, Attorneys, and Advocates.

The Doctrine of Stare Decisis

• Stare decisis means "the decision stands.”
• A court is bound by its decisions unless overruled by a superior court or proven wrong.
• Operates relative to the hierarchy of courts
• Every court is bound by the decisions of a superior court in its area of jurisdiction
• A High Court must follow the SCA decisions in their area of jurisdiction
• Every court is bound by decisions of a court with concurrent status
• Full bench of a High Court is bound by an earlier full-bench decision of the same High Court
• One division of the High Court is not bound by decisions of other divisions in different jurisdiction areas.
• For example, The Eastern Cape Local Division, Bhisho is not bound by decisions of the Gauteng Local Division, Johannesburg
• Magistrate's Courts are bound by decisions of all superior courts: High Court, SCA and CC.

Court Judgments

• Ratio Decidendi is "reason for the decision" (plural: rationes decidendi).
• The conclusions reached by the judge based on the material facts of the case.
• It is binding and subject to the doctrine of stare decisis

Obiter Dictum

• Obiter dictum (plural: Obiter dicta) refers to incidental remarks made by a judge outside the ratio decidendi.
• It is non-binding but may have strong persuasive authority in later cases

Distinguishing Court Judgements

• Courts avoid the binding force of an earlier case by deciding that its ratio decidendi does not apply to the current case.

Aspects of Judgements

• National Sorghum Breweries Ltd v Corpcapital Bank Ltd 2006 (6) SA 208 (SCA) is a case example
• National Sorghum Breweries Ltd is the Plaintiff or Appellant
• ‘V’ means ‘versus’
• Corpcapital Bank Ltd is the Defendant or Respondent
• 2006 (6) means its in the sixth part/volume of the law report
• SA is the ‘title of the specific law report” for the South African Law Reports
• 208 is the page number in the law report
• SCA means it was heard in the Supreme Court of Appeal