Podcast Beta
Questions and Answers
What is the name of the publication that provides access to South African and neighbouring African judgments?
Constitutional Law Reports
What are the elements of a law report, as explained with reference to Hoyi v Hoyi?
The elements of a law report include the name, particulars of the court, name of the judge, date of the trial, summary of the matter, heading, summary of the nature of the matter, particulars of the advocates, summary of the advocates' arguments, judgment, and particulars of the attorneys.
What is the purpose of studying the South African Law Reports and other sources of South African law?
To predict a client's chances of success in a particular matter and ensure legal certainty.
What is the legislation that determines the grounds for divorce in South Africa?
Signup and view all the answers
What is the role of case law in determining the court's attitude towards a client's case?
Signup and view all the answers
What resources would an attorney consult to determine a client's chances of success in a divorce case?
Signup and view all the answers
When did the High Court start publishing its decisions on a regular basis?
Signup and view all the answers
What is the name of the publication that publishes law reports on a uniform basis since 1947?
Signup and view all the answers
How often are volumes of law reports published?
Signup and view all the answers
What information does a law report citation typically include?
Signup and view all the answers
How long after delivery is a judgment usually reported?
Signup and view all the answers
What happens to an unreported decision according to Hahlo and Khan?
Signup and view all the answers
Study Notes
Law Reports in South Africa
- Law reports have been published regularly since 1857, but not in a uniform manner until 1947.
- Since 1947, law reports have been published uniformly by Juta and other publishers in the form of the South African Law Reports.
- The South African Law Reports are published on a monthly basis, with three successive monthly publications bound to form a volume, resulting in four volumes per year.
Citation of Law Reports
- A law report citation typically includes the name of the parties, year, volume, page number, and name of the court, e.g., HOYI V HOYI 1994 (1) SA 89 E.
- The abbreviation "SA" refers to the South African Law Reports, but it does not appear in all citations.
Publication of Law Reports
- Judgments are usually reported three to four months after delivery, but not all judgments are reported.
- Unreported decisions do not lose their binding force and can be discovered through careful search or good fortune.
- The editor and reporters decide which decisions to report.
Other Law Report Publications
- The Constitutional Law Reports are published monthly by Butterworths, and www.saflii.org.za provides access to all South African and neighbouring African judgments.
Elements of a Law Report
- The name of the parties (e.g., Hoyi v Hoyi)
- Particulars of the court (e.g., Eastern Cape Division)
- The name of the judge (e.g., Judge Leach)
- The date of the trial and judgment (e.g., 1993 June 17)
- A summary of the matter in telegram style
- A comprehensive summary of the facts and decision
- A short summary of the nature of the matter
- Particulars of the advocates appearing for the parties
- A summary of the advocates' arguments (not always reported)
- The judgment, including facts, reasons, and order
- Particulars of the attorneys appearing on behalf of the parties
Importance of Law Reports
- Practitioners need to understand the stare decisis rule and have access to the South African Law Reports to predict a client's chances of success in a particular matter, ensuring legal certainty.
- A study of law reports and legislation is essential for practitioners to advise clients and determine the likelihood of success in a matter.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Learn about the publication of law reports in South Africa, including the history of publication since 1857 and the current publication format. Test your knowledge of the South African Law Reports and their citations.
