Sources of South African Law

Sources of South African Law

• Constitution: The supreme law of the land, enacted in 1996, which sets out the rights of citizens and the structure of government.
• Legislation: Acts of Parliament, which are laws passed by the National Assembly and the National Council of Provinces.
• Common Law: A system of law based on judicial decisions and customs, inherited from Roman-Dutch law and English law.
• Customary Law: Indigenous law, which is based on the customs and traditions of the different racial and ethnic groups in South Africa.
• International Law: Treaties, conventions, and international agreements that South Africa has ratified.

Types of Law in South Africa

• Criminal Law: Deals with crimes and their punishment, such as murder, theft, and assault.
• Civil Law: Deals with disputes between individuals, such as contracts, torts, 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 administrative agencies.
• ** Labour Law**: Deals with the relationship between employers and employees, including employment contracts and labour disputes.

Courts in South Africa

• Constitutional Court: The highest court in the land, which has the power to interpret the Constitution and decide constitutional matters.
• Supreme Court of Appeal: The highest court of appeal, which hears appeals from the High Courts.
• High Courts: Courts of first instance, which hear civil and criminal cases.
• Magistrates' Courts: Courts that hear less serious criminal cases and civil cases involving smaller amounts of money.
• Small Claims Courts: Courts that hear small civil claims, such as debt and damages.

Legal Professionals in South Africa

• Attorneys: Lawyers who practice law in South Africa, also known as advocates.
• Advocates: Lawyers who specialize in arguing cases in court.
• Notaries: Lawyers who specialize in drafting and certifying legal documents.
• Conveyancers: Lawyers who specialize in property law and transferring ownership of property.

Legal Procedures in South Africa

• Litigation: The process of taking a case to court, including filing, pleadings, discovery, and trial.
• Mediation: A form of alternative dispute resolution, where parties try to reach a settlement with the help of a neutral third party.
• Arbitration: A form of alternative dispute resolution, where parties agree to be bound by the decision of a neutral third party.

Sources of South African Law

• The supreme law of the land is the Constitution, enacted in 1996, which sets out citizens' rights and government structure.
• Legislation consists of Acts of Parliament, passed by the National Assembly and the National Council of Provinces.
• Common Law is a system based on judicial decisions and customs, inherited from Roman-Dutch and English law.
• Customary Law is indigenous law based on customs and traditions of different racial and ethnic groups in South Africa.
• International Law includes treaties, conventions, and international agreements ratified by South Africa.

Types of Law in South Africa

• Criminal Law deals with crimes and their punishment, such as murder, theft, and assault.
• Civil Law deals with disputes between individuals, including contracts, torts, 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 administrative agencies.
• Labour Law deals with the relationship between employers and employees, including employment contracts and labour disputes.

Courts in South Africa

• The Constitutional Court is the highest court, with the power to interpret the Constitution and decide constitutional matters.
• The Supreme Court of Appeal is the highest court of appeal, hearing appeals from the High Courts.
• High Courts are courts of first instance, hearing civil and criminal cases.
• Magistrates' Courts hear less serious criminal cases and civil cases involving smaller amounts of money.
• Small Claims Courts hear small civil claims, such as debt and damages.

Legal Professionals in South Africa

• Attorneys are lawyers who practice law in South Africa, also known as advocates.
• Advocates are lawyers who specialize in arguing cases in court.
• Notaries are lawyers who specialize in drafting and certifying legal documents.
• Conveyancers are lawyers who specialize in property law and transferring ownership of property.

Legal Procedures in South Africa

• Litigation is the process of taking a case to court, including filing, pleadings, discovery, and trial.
• Mediation is a form of alternative dispute resolution, where parties try to reach a settlement with the help of a neutral third party.
• Arbitration is a form of alternative dispute resolution, where parties agree to be bound by the decision of a neutral third party.

This quiz covers the four main sources of law in South Africa, including the Constitution, Legislation, Common Law, and Customary Law. Learn about the fundamentals of South African law and how they interact with each other.