South African Law Reports

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.

Description

This quiz covers the publication and citation of law reports in South Africa, including the South African Law Reports, Constitutional Law Reports, and other publications. It also explains the importance of law reports for practitioners and the elements of a law report.