History of South African Law

Study Notes

South African law has its roots in Roman-Dutch law, which was introduced during the Dutch colonization of South Africa (1652-1806)
The British colonization of South Africa (1806-1910) led to the introduction of English law, which merged with Roman-Dutch law to form the basis of modern South African law

Constitution: The supreme law of the land, enacted in 1996, which sets out the rights and freedoms of citizens and the structure of government
Statutes: Acts of Parliament, which are laws passed by the legislative branch of government
Common Law: Unwritten law based on judicial decisions and customs
Customary Law: Traditional law based on indigenous customs and practices
International Law: Treaties, conventions, and other international agreements ratified by South Africa

Criminal Law: Deals with crimes and punishment
Civil Law: Deals with disputes between individuals and organizations, including contract law, tort law, and family law
Constitutional Law: Deals with the interpretation and application of the Constitution
Administrative Law: Deals with the actions and decisions of government officials and agencies
Labour Law: Deals with employment relationships and labour rights

Constitutional Court: The highest court in the land, responsible for interpreting the Constitution
Supreme Court of Appeal: The highest court of appeal, responsible for hearing appeals from lower courts
High Courts: Courts of first instance, responsible for hearing trials and appeals
Magistrates' Courts: Lower courts, responsible for hearing minor criminal cases and civil matters
Traditional Courts: Courts that apply customary law in rural areas

Stare decisis: The principle of precedent, where judicial decisions are binding on lower courts
Ratio decidendi: The reasoning behind a judicial decision, which serves as a precedent
Obiter dictum: A statement made by a judge that is not essential to the decision, and therefore not binding on lower courts

South African law originated from Roman-Dutch law introduced during the Dutch colonization of South Africa (1652-1806)
The British colonization of South Africa (1806-1910) led to the merger of English law with Roman-Dutch law, forming the basis of modern South African law

The Constitution (1996) is the supreme law of the land, outlining citizens' rights and freedoms, and government structure
Statutes are laws passed by Parliament, forming part of the legislative branch of government
Common Law is unwritten law based on judicial decisions and customs
Customary Law is traditional law based on indigenous customs and practices
International Law comprises treaties, conventions, and other agreements ratified by South Africa

Criminal Law deals with crimes and punishment
Civil Law resolves disputes between individuals and organizations, including contract, tort, and family law
Constitutional Law interprets and applies the Constitution
Administrative Law governs actions and decisions of government officials and agencies
Labour Law regulates employment relationships and labour rights

The Constitutional Court is the highest court, interpreting the Constitution
The Supreme Court of Appeal is the highest court of appeal, hearing appeals from lower courts
High Courts are courts of first instance, hearing trials and appeals
Magistrates' Courts are lower courts, handling minor criminal cases and civil matters
Traditional Courts apply customary law in rural areas

Stare decisis is the principle of precedent, where judicial decisions are binding on lower courts
Ratio decidendi is the reasoning behind a judicial decision, serving as a precedent
Obiter dictum is a statement made by a judge that is not essential to the decision and therefore non-binding on lower courts