Anaya Nolan
South African case law is readily available online, with a variety of resources offering free access to case law from the country's courts. The Southern African Legal Information Institute (SAFLII) is a notable source, providing free public access to case law from South Africa and other countries in the region. Additionally, Oxford LibGuides offer online resources for common law countries, including South Africa, with access to case law from various courts such as the Constitutional Court, Supreme Court of Appeal, and High Courts. Other sources include CommonLII, which provides access to court cases and judgments, as well as law journals, legislation, and other legal resources.
| Characteristics | Values |
|---|---|
| Case law sources | SAFLII, CommonLII, Oxford LibGuides, Constitutional Court of South Africa website |
| Case law coverage | Constitutional Court, Supreme Court of Appeal, Competition Appeal Court, Competition Tribunal, Court of the Commissioner of Patents, Electoral Court, High Courts, Labour Appeal Court, Labour Court, Land Claims Court, Tax Court |
| Case law publications | Juta's South African Case Law, The South African Law Reports, Statutes and Regulations of South Africa, Juta's Electronic Law Journals, Botswana Law Reports, Namibian Law Reports, Zimbabwe Law Reports, Tanzania Law, Zambia Law Reports, Butterworths South African Constitutional Law Reports |
| Additional resources | Law journals, law libraries, legal aid, legislation, treaties and international agreements, case law by province, court decisions by division |
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Online databases
There are several online databases that can be used to find case law in South Africa. These databases provide access to a wealth of legal information, including case law, legislation, and legal journals. Some of the notable databases include:
- LexisNexis South Africa: This database offers comprehensive coverage of South African legal documentation, including full-text legislation, case law, gazettes, legal journals, forms, precedents, and regulatory material. It also provides access to the All England Law Reports and the Government Gazette since 1910.
- Juta Law Online: Juta publishes the South African Law Reports and the South African Criminal Reports. They offer full-text access to South African law journals and include cases, statutes, and unreported judgments.
- Southern African Legal Information Institute (SAFLII): SAFLII is a free online resource that publishes legal information from South Africa and other countries in the region. It primarily comprises case law and legislation, with a focus on promoting free access to primary source information. The website also provides links to various useful departments and organisations within Southern Africa.
- Butterworths South African Constitutional Law Reports (SACLR): This online resource provides access to selected decisions from the Supreme Court and the new Constitutional Court of South Africa.
- Westlaw: Westlaw is an international database that includes case law and statutes from various countries, including Canada, the USA, the EU, the UK, Australia, Hong Kong, and Korea.
- University Library Databases: Many universities in South Africa, such as the University of Cape Town and the University of South Africa (UNISA), provide online databases and guides to help students and researchers find case law. These databases often include access to law reports, legal abbreviations, and other legal resources.
When using these online databases, it is important to understand case citations, as they reflect the name of the parties, the year the case was reported, the law report it can be found in, and the division of the court that heard the case. This information can help streamline your search and ensure you find the specific case law you are looking for.
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Court divisions
South Africa's court system is divided into several courts, each with its own jurisdiction and responsibilities. Here is an overview of some of the key court divisions in South Africa:
Constitutional Court
The Constitutional Court is the highest court in South Africa for constitutional matters and was established in 1994, hearing its first case in 1995. It holds the power to decide on constitutional matters and grant leave to appeal on any other matter. The Constitutional Court is led by a Chief Justice and consists of nine other judges.
Supreme Court of Appeal (SCA)
The SCA is the highest court for all non-constitutional matters. It decides on appeals from the High Court or courts of similar status, except for labour and competition matters. The SCA consists of a President, a Deputy President, and several judges of appeal. Ordinarily, three or five judges preside over proceedings, but a larger number may be convened for matters of importance.
High Court
The High Court of South Africa is divided into several provincial divisions, including the Eastern Cape High Court, Kwazulu-Natal High Court, Limpopo High Court, Mpumalanga High Court, Northern Cape High Court, North Gauteng High Court, South Gauteng High Court, and Western Cape High Court. The High Court handles civil and criminal matters, with a single judge presiding over civil cases and two judges hearing criminal cases. Appeals from the High Court go directly to the SCA.
Tax Court
The Tax Court deals with matters related to tax law. The judges of the Tax Court are nominated by the Judge President of the Division of the High Court, and the President of the Republic appoints them for a term of five years. Appeals from the Tax Court go to the full bench of the Provincial Division of the High Court or directly to the SCA under certain conditions.
Labour Court and Labour Appeal Court
The Labour Court adjudicates labour disputes between employers and employees, guided by the Labour Relations Act. The Labour Appeal Court is the highest court for labour appeals, hearing appeals from the Labour Court.
Land Claims Court
The Land Claims Court specialises in disputes arising from South Africa's land reform laws.
When searching for case law, understanding the division of the court that heard the case is essential. This information is reflected in the case citation, which also includes the names of the parties, the year, the law report details, and the volume and page number.
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Case citations
The first part of the citation is the name of the case, which is usually formatted as "*plaintiff v defendant*" or "*appellant v respondent*". The number in brackets refers to the case number, which is unique to each case. The year of the judgment is then given in brackets, followed by the abbreviated name of the court and the division, in this case, the Gauteng Provincial Division of the High Court (ZAGPJHC). Finally, the date of the judgment is given.
The abbreviation for the court will vary depending on the court in which the case was heard. For example, cases in the Constitutional Court (CC) are abbreviated as "(CC)", while cases in the Supreme Court of Appeal (SCA) are abbreviated as "(SCA)". Other courts include the Eastern Cape High Court (ECG), Kwazulu-Natal High Court (KZN), Limpopo High Court (LHB), Mpumalanga High Court (MPG), Northern Cape High Court (NC), North Gauteng High Court (GSJ), and South Gauteng High Court (GSJ).
Online databases such as the Southern African Legal Information Institute (SAFLII) provide free access to a wide range of case law from South Africa and other countries in the region. SAFLII includes recent cases from various South African courts, such as the Constitutional Court, Supreme Court of Appeal, and several High Courts.
Another online resource is the Constitutional Court of South Africa's website, which provides access to cases and judgments of the Constitutional Court from 1995 to the present. This collection includes not only the judgments but also related documents such as summaries, directions, earlier judgments, pleadings, and citations from South African law reports.
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Law journals
Another option is to use Juta, which contains the South African Law Reports, as well as the Zambian, Namibian, and Tanzanian Law Reports. To search for a case on Juta, locate the 'Law Reports' search option in the dropdown menu on the left side of the screen. Once you've done that, a new screen will appear on the right. Enter the case name and the year, or if you prefer, the full citation. If the case doesn't appear, try searching with only one party's name and the year.
LexisNexis (South Africa) is another comprehensive database. It includes the All South African Law Reports, Butterworths Constitutional Law Reports, Competition Law Reports, Butterworths Arbitration Law Reports, Butterworths Labour Law Reports, and Butterworths Pension Law Reports. It also covers the All England Law Reports and the Canadian Rights Reporter. To find a case on LexisNexis, locate the 'Law Reports' search bar and type in the case name. To refine your results, use the tab at the top to narrow down by Referenced Act, Year, Publication Source, Judge, Subject, or Document Type.
Additionally, the University of Cape Town's library guide suggests that understanding case citations is crucial when looking for cases. A citation typically includes the names of the parties, the year, the law report it can be found in (including volume and page number), and the division of the court that heard the case. Knowing the law report can save you time by helping you locate the right database.
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Law libraries
The University of Cape Town's library guide recommends using LexisNexis (South Africa) to find case law. LexisNexis includes a wide range of law reports, such as the All South African Law Reports, Butterworths Constitutional Law Reports, and the Competition Law Reports. It also includes law reports from other countries, such as the All England Law Reports and the Canadian Rights Reporter. To find a case on LexisNexis, you can search by case name, citation, or both. It is important to note that if you choose to search by both the name and the citation, you must include the full citation. Additionally, LexisNexis allows you to refine your search results by Referenced Act, Year, Publication Source, Judge, Subject, or Document Type.
Another resource mentioned by the University of Cape Town's library guide is Juta, which contains the South African Law Reports, as well as law reports from Zambia, Namibia, and Tanzania. To search for a case on Juta, you can type in the case name and the year of the case. If the case doesn't come up, you can try using only one of the parties' names and the year.
Oxford University's library guide also suggests using Juta’s South African Case Law, which includes cases from 1838 to the present. Additionally, Oxford University's guide provides access to Butterworths South African Constitutional Law Reports, which include selected decisions from the Supreme Court and the new Constitutional Court of South Africa.
The University of Cape Town's library guide also mentions the Southern African Legal Information Institute (SAFLII), which provides free access to case law from South Africa and other countries in the region. SAFLII includes English translations of selected Afrikaans judgments used in South African law school curricula.
When searching for case law in law libraries, it is important to understand case citations. A case citation includes the names of the parties involved, the year the case was reported, the law report it can be found in (including volume and page number), and the division of the court that heard the case. For example, in the citation "Fedlife Assurance Ltd v Wolfaardt 2002 (1) SA 49 (SCA)", "Fedlife Assurance Ltd v Wolfaardt" represents the names of the parties, "2002" is the year, "(1) SA 49" indicates the volume and page number, and "(SCA)" represents the division of the court (in this case, the Supreme Court of Appeal).
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Frequently asked questions
Some online resources for accessing case law in South Africa include the Southern African Legal Information Institute (SAFLII), CommonLII, and Oxford LibGuides.
The CommonLII database covers cases from the Constitutional Court of South Africa (1995-), the Supreme Court of Appeal of South Africa (2004-), and various divisions of the High Court of South Africa (2001-).
The Oxford LibGuides database covers Juta's South African Case Law (1838 to date), The South African Law Reports (1947 to date), Statutes and Regulations of South Africa, Juta's Electronic Law Journals, and various other regional law reports.
The Southern African Legal Information Institute (SAFLII) is a member of the Free Access to Law movement and is committed to publishing all judgments provided by the courts online. SAFLII publishes legal information for free public access, mainly comprising case law from South Africa.
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