South African Law Reports

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.