Origins of south african law pdf

The first unit of study for business law 101 is an introduction to the subject. By way of historical background, during the republic period, the sharp practices of slave and cattle. This is just one of the solutions for you to be successful. Its principles and achievement publication prepared and edited by the interparliamentary union.

Professor cora hoexters administrative law in south africa cape town. Their south african national party, later known as the south african party or sap, followed a generally probritish, whiteunity line. It also seeks to suggest that romandutch law, with its powerful. Under roman law the rules on latent defects initially applied to the sale of slaves. Learn vocabulary, terms, and more with flashcards, games, and other study tools. It offers a critique of the liberal notion of the rule of law as a defence against state power, arguing that in the south african context ideological and legitimising. The origin of adoption in south africa 1 introduction. Historical foundations of south african law hfl1501 deals with the external and internal history of south african law. It raises the question of why the legal system is virtually exclusively european. The legal system and sources of law south african legal. Administrative law southern african legal information. The roman dutch civilian law and english common law influence reflects south africas history of successive colonial governance by the dutch. Foundations of south african law department of private law. Fls1501 the origins of south african law gimmenotes.

Summary of 140 pages for the course the origins of south african law at unisa summary of fls1501. Rediscovering the origins and inclusion of the public trust. Origin of community policing in south africa it is easy now, as south africas infant democracy begins to grow and strengthen, to forget the pain of its birth. Study unit 1 introduction to south african law medium.

This chapter presents an overview which seeks to place the development of the romandutch law within a broader south african historical context, making liberal use of some of the detailed recent work of specialists in south african history. Origins of south african law roman law germanic peoples. The history of south african law and its romandutch roots. South africa has a hybrid or mixed legal system, formed by the interweaving of a number of. South african common and customary law of intestate. The contribution of english law to south african law. Professor of law, president, international human rights law institute, depaul university, chicago united states of. It is common knowledge that south african law is based on romandutch principles and that english law has also influenced our legal system. May 17, 2016 study unit 1 introduction to south african law. African customary law a lawblog for south african students. The article starts off with a brief discussion of roman and romandutch law.

Apart from the constitution, the supreme law of the. Many of the general principles of our law come from the common law, eg the criminal law that says that murder and robbery. Common law, legislation or statutes, judicial precedent court decisions, indigenous law, custom and legal academic writings, it is of practical importance. While the prima facie origin of the doctrine is the bill of rights right in south africas 1996 constitution, multilateral environmental agreements in africa appear to have had a significant. It merged however, as the following essay will show, in its long andexciting history elements of all mentioned laws to a specific south african law. The other main reason for apartheid was fear, as in south africa the white people are in the minority, and many were worried they would lose their jobs, culture and language. History of south african law seite 1 a introduction south african law is neither a classical roman, nor a romandutch law nor an english common law and certainly not a traditional african law. What does the history of south african law tell us about where laws come from. Modern south africa is a democratic republic with a written constitution. This is obviously not a justification for apartheid, but explains how people were thinking.

Unfortunately we do note have notes for this module. The freedom charter was a collection of grievances and demands, which later became the yardstick for subsequent opposition under the banner of the african national congress. Although customary law and indigenous law are used as synonyms in south african law, the first is preferred, since it is also the expression used in the constitution of the republic. Republic and the south african law reform commission defines customary law as the various laws observed by communities indigenous to the country. Mar, 2020 modern south africa is a democratic republic with a written constitution.

Juta 2007 has quickly come to be regarded as the baxter of the constitutional era, cited frequently in the courts, and leading the way in the development of concepts key to the success of this. The objectives of this course are that firstly students should develop foundational knowledge about the legal system in south africa, including a knowledge of the history, sources of law, hierarchy of the courts, legal reasoning, with special attention to the doctrine of precedent, classifications of the law and fundamental. The common law is a body of law based on custom and general principles embodied in case law which serve as precedent and is applied to situations not covered by statute. In other words, common law includes those principles, usages and rules of action applicable to the government and security of person and property, which.

Origins of south african law free download as word doc. In sa, the term common law refers to romandutch law as influenced by english law common law is a sourceplace of origin of south african law it must be distinguished from other sources of law such as court decisions, legislation and customary law. This article examines south africas environmental law in order to derive an understanding of the origins and potential application of the doctrine. In the past, this was in either of the two official languages, english and afrikaans. This article explores the phenomenon of commonlaw purism in south africa from a criticallegalrealist perspective, in historical context. Jul 21, 2017 the inside of south africas constitutional court. This law comes from romandutch law and english law, brought to south africa by the dutch and english settlers. Development of its laws and constitution london, 1960 at 2935. She is elected by the national assembly from its own members. The constitution is the supreme law of the country and binds all legislative, executive and judicial organs of state at all levels of government. As understood, realization does not recommend that you have.

Romandutch law in its south african historical context. Cameron, trewhella, jan smuts, an illustrated biography, cape town, 1994. South africa has a multicultural society and its uncodi. In contrast, modern south african law, as per the cpa and the values of the constitution of the republic of south africa, 1996, specifically aims to protect the most vulnerable members of.

In contrast, modern south african law, as per the cpa and the values of the constitution of the republic of south africa, 1996, specifically aims to protect the most vulnerable members of south africas unequal society. When a legal problem is not covered by statute law, you can look at the common law for an answer. Juta 2007 has quickly come to be regarded as the baxter of the constitutional era, cited frequently in the courts, and leading the way in the development of concepts key to the success of this field of law. The national party championed afrikaner interests, advocating separate development for. The history of south african law and its romandutch roots lenel. South africas law is sourced from 1 statutory law made by the legislative body the most important of which is of course the constitution, 2 common law this includes the romandutch old authorities and judicial precedent gleaned from case law, 3 african customary law, and 4 foreign and international law. Criminal law, procedure and evidence regsterminologie. Sources o fnsouth african law the legal system of the republic of south africa is largely based on romandutch law, however it was also influenced by the british common law system as a result of. T humby, ed et al introduction to law and legal skills in south africa 2012, oxford university press.

An introduction to south african law reports and reporters, 1828 to 1910 jp van niekerk 1 background judicial decisions, as any first year law student knows, are one of the fundamental sources of our law. The privy council had not, i think, given leave to appeal from south africa for more than a dozen years, and it seems possible that owing to our history we were. Apartheid cruelly and forcibly separated people, and had a fearsome state apparatus. Origins of south african law revision part 2 on vimeo. The aim of this article is to explore the legislative origin of adoption in south africa.

Legal system south african law oxford libguides at oxford. Rediscovering the origins and inclusion of the public. Start studying origins of south african law fls 1501. Origins of common law the common law is a body of law based on custom and general principles embodied in case law which serve as precedent and is applied to situations not covered by statute. What is the nature of sas law and what are its 3 main components sas legal sytem is hybrid in nature and is made up of three main components as follows. The president is both head of state and head of the executive. The more radical boers split away under the leadership of general barry hertzog, forming the national party np in 1914.

Common law, legislation or statutes, judicial precedent court decisions, indigenous law, custom and legal academic writings, it is of practical importance for lawyers to be aware of these different sources which provide the key to the content of the law. The main difference is that apartheid made segregation part of the law. The common law is the centre around which the sources of law revolve. South african law consists of the constitution which is the supreme law of the country, legislation acts of the national and provincial legislatures, and governmental regulations, judicial precedent, the common law rules developed by previous decisions of superior courts, and rules and principles discussed in the old romandutch authorities. The high level of activity in the courts in response to. The south african constitution act 1996 took effect on 3 february 1997. South africa s law is sourced from 1 statutory law made by the legislative body the most important of which is of course the constitution, 2 common law this includes the romandutch old authorities and judicial precedent gleaned from case law, 3 african customary law, and 4 foreign and international law. Legal system south african law oxford libguides at. An introduction to south african law reports and reporters. Design indaba, youtube brand south africa reporter south africa has an independent judiciary, subject only to the constitution and the law. The external history deals with the origins of the south african legal system, that is, how and where our law began.

Apr 20, 2014 on 29th april 1st may 2014 the unified common law grand jury of southern africa convenes a peoples court of record including a tribunal commission as part of the national peoples convention on. Over the past few decades there has been much public concern about extraordinarily high levels of intimate partner violence ipv, rape and child abuse in south africa. Cape town 110 114 sources of law as south african law has many sources ie. Dealing with the issues in south african law article pdf available april 2011 with 3,526 reads how we measure reads. This is origins of south african law revision part 2 by swotsmart on vimeo, the home for high quality videos and the people who love them.

Yet court decisions can only effectively be a source of law if they. Administrative law southern african legal information institute. A history of apartheid in south africa south african. On 29th april 1st may 2014 the unified common law grand jury of southern africa convenes a peoples court of record including a tribunal commission as.

However, to form a coherent understanding of community policing in. Nb factor in shaping the 3 components religion canon law the law of the church protestantism judaism countries legal. Fls1501 the origins of south african law questions and answers. A treatise based on voets commentaries on the pandects, with references to the leading romandutch authorities, south african decisions, and statutory enactments in south africa, volume 1.

Mining commissioner of johannesburg v getz 1915 tpd 323. Salrc south african law reform commission known previously as the south african law commission salc sanca south african national council on alcoholism and drug dependence saps south african police services saqa south african qualifications authority saystop south african young sex offenders project sduspu selfdefence unitself. In basic principles, apartheid did not differ that much from the policy of segregation of the south african governments existing before the afrikaner nationalist party came to power in 1948. South african legal system and its background cape town. It provides an overview of the sources and factors that have contributed directly or indirectly to the development of the south african legal system against the backdrop of the constitution of the republic of south africa, 1996. By 1950, the government had banned marriages between whites and people of other races, and prohibited sexual relations between black and white south africans.