Anaya Nolan
South Africa has a 'hybrid' or 'mixed' legal system, influenced by various legal traditions. The country's common law is based on the 'Roman-Dutch' law of the original Dutch settlers, which was later influenced by English common law during the colonial era. This resulted in a blend of English common law and civilian Roman-Dutch legal principles, with English influence most apparent in criminal and civil procedure, company law, constitutional law, and the law of evidence. South Africa's legal system is uncodified, with multiple sources of law, including the Constitution, legislation, judicial precedent, common law, custom, and international law.
| Characteristics | Values |
|---|---|
| Type of legal system | Hybrid or mixed |
| Basis of the legal system | Civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans |
| Court system | Hierarchical, consisting of Magistrates' Courts, a High Court with multiple divisions, and the Constitutional Court as the highest authority |
| Constitution | The supreme law of the country, with an entrenched Bill of Rights in Chapter 2 |
| Jury system | Abolished in 1969; cases decided by a judge, sometimes with two assessors |
| Influence on other countries' legal systems | Forms the basis of the laws of Botswana, Eswatini, Lesotho, Namibia, and Zimbabwe |
Explore related products
What You'll Learn
- South Africa has a hybrid legal system that is a mix of English common law and civilian Roman-Dutch legal principles
- The South African court system is organised in a clear hierarchy by Chapter 8 of the Constitution
- The Constitutional Court is the highest court in the country
- South African law is not codified
- The jury system was abolished in 1969
South Africa has a hybrid legal system that is a mix of English common law and civilian Roman-Dutch legal principles
South Africa has a hybrid legal system, a mix of English common law and civilian Roman-Dutch legal principles. This is due to the country's history of successive colonial governance. In the mid-17th century, Dutch settlers began to colonise the area now known as the Western Cape. In 1806, English forces defeated the Dutch and took the Cape of Good Hope as a British possession.
The 'common law' of the country is based on the 'Roman-Dutch' law of the original Dutch settlers. This is civilian law – Roman law as interpreted by Dutch writers of the 17th and 18th centuries. The English influence is most apparent in procedural aspects of the legal system and methods of adjudication, while the Roman-Dutch influence is most visible in substantive private law.
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 Roman-Dutch authorities’), custom (or conventions), customary law, international law, and the writings of authoritative publicists of the law.
As a general rule, South Africa follows English law in criminal and civil procedure, company law, constitutional law, and the law of evidence. Meanwhile, Roman-Dutch common law is followed in South African contract law, law of delict (tort), law of persons, law of things, and family law.
The South African court system is organised in a clear hierarchy by Chapter 8 of the Constitution of the Republic of South Africa. It consists of, from lowest to highest legal authority: Magistrates' Courts, a High Court with multiple divisions across the country, and finally, the Constitutional Court, which is the highest authority in constitutional matters and the highest court in the land for all other matters.
Moral Laws: Objective or God-Given?
You may want to see also
Explore related products
The South African court system is organised in a clear hierarchy by Chapter 8 of the Constitution
South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of several distinct legal traditions. Its legal system is widely known to be premised on Roman-Dutch law, which dates back to the mid-17th century when Dutch settlers began to colonise the area now known as the Western Cape. This was later influenced by English law, following the British takeover of the Cape of Good Hope in 1806.
Magistrates' Courts
These are smaller regional or larger district courts.
High Court
The High Court has multiple divisions across the country, both regional (with jurisdiction over the entire province) and smaller local divisions (with jurisdiction over a smaller, more populated region). There are currently 14 provincial divisions of the High Court.
Supreme Court of Appeal
Based in Bloemfontein in the Free State, the Supreme Court of Appeal is the highest court in South Africa, except for the Constitutional Court. It only deals with cases sent to it from the High Court.
Constitutional Court
The Constitutional Court is the highest court in the country with 11 judges, and has jurisdiction over all matters relating to constitutional challenges. It has final authority to decide whether an issue is constitutional or not.
Specialised courts have also been created by legislation to deal with specialised areas of law, such as the Competition Appeal Court, the Electoral Court, the Land Claims Court, and the Labour and Labour Appeal Court. African indigenous courts, which deal exclusively with indigenous law, also exist.
Canada's Provincial Laws: What's Unique and How They Work
You may want to see also
Explore related products
The Constitutional Court is the highest court in the country
South Africa has a 'hybrid' or 'mixed' legal system, with a number of distinct legal traditions. This includes a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans. The South African court system is organised in a clear hierarchy by Chapter 8 of the Constitution of the Republic of South Africa, specifically s166.
The Constitutional Court is headed by the Chief Justice of South Africa and the Deputy Chief Justice. The judges are appointed by the President of South Africa from a list drawn up by the Judicial Service Commission. The judges serve for a term of twelve years. The Constitution requires that a matter before the Court be heard by at least eight judges, and in practice, all eleven judges hear almost every case. Decisions are reached by a majority and written reasons are given.
The Constitutional Court is located at 11 Kotze Street in Braamfontein, Johannesburg. The court building was constructed using bricks from the demolished awaiting-trial wing of the former prison. The court building is open to the public who want to attend hearings or view the art gallery in the court atrium. The court houses a collection of more than 200 contemporary artworks, and the doors to the Court have the 27 rights of the Bill of Rights carved into them, written in all 11 official languages of South Africa.
Arizona's Law on Dogs Left in Cars: What You Need Know
You may want to see also
Explore related products
South African law is not codified
South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of several distinct legal traditions. These include a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans. The country's laws are not codified, meaning that there is no single code or document where all the laws can be found. Instead, South African law consists of multiple sources, including the Constitution, legislation, judicial precedent, common law, custom and customary law, international law, and the writings of authoritative legal publicists.
The South African legal system is primarily based on Roman-Dutch law, which was introduced by Dutch settlers in the mid-17th century. This system was later influenced by English common law following the British colonisation of South Africa in the 19th century. As a result, South African law today is a mix of English common law and civilian Roman-Dutch legal principles. While the English influence is most apparent in procedural aspects such as court procedures and methods of adjudication, the Roman-Dutch influence is more visible in substantive private law.
As a general rule, South Africa follows English law in criminal and civil procedure, company law, constitutional law, and the law of evidence. In contrast, Roman-Dutch common law is followed in contract law, tort law, the law of persons, the law of things, family law, and other areas. The Roman-Dutch legal system and its legislation and laws held sway until the Union of South Africa as a dominion of the British Empire was formed on 31 May 1910.
The South African Constitution, which includes an entrenched Bill of Rights, is the supreme law of the country. All laws must pass a constitutional test, and the Constitutional Court has the final authority to decide whether an issue is constitutional. The Constitutional Court may also decide on other matters of public importance, and it is the highest court in the country for constitutional challenges.
The South African court system is organised in a clear hierarchy, with Magistrates' Courts at the lowest level, followed by a single High Court with multiple divisions across the country, and finally the Supreme Court of Appeal and the Constitutional Court at the highest level.
Law Enforcement's FM Signal Tracking Methods
You may want to see also
Explore related products
The jury system was abolished in 1969
South Africa has a 'hybrid' or 'mixed' legal system, with a number of distinct legal traditions. These include a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans.
The jury system was abolished in South Africa in 1969. This was a result of the Abolition of Juries Act 34, which repealed the laws relating to trial by jury in criminal proceedings. By the time the jury system was abolished, trials by jury had largely fallen out of use. This was due to a number of factors, including the expansive powers of the Minister of Justice to order trials without a jury, public reluctance to serve on juries, and widespread exemptions leaving few competent jury candidates.
The decline in jury trials began in 1917, with the Criminal Procedure and Evidence Act 31, which allowed anyone on trial in the local or provincial division of the Supreme Court to choose to be tried without a jury. In 1935, a further amendment to this law authorized the Minister of Justice to order a trial to be held without a jury in certain cases. The minister's power in this regard increased over time, leading to a growing number of trials without a jury. A 1954 amendment to the nation's criminal code established that all trials would take place without a jury, unless an accused person requested a jury and the Minister of Justice didn't order otherwise.
Today, cases in South Africa are decided by a judge alone, sometimes assisted by two assessors. This was the case in the trial of Olympic star Oscar Pistorius, who was accused of killing his girlfriend.
Vice Presidents: Lawmakers or Not?
You may want to see also
Frequently asked questions
Yes, South Africa has a 'hybrid' or 'mixed' legal system that includes common law inherited from the British.
South Africa's common law is based on the 'Roman-Dutch' law of the original Dutch settlers.
South Africa's legal system also includes a civil law system inherited from the Dutch, and a customary law system inherited from indigenous Africans.
![K: A Common Law Approach to Contracts [Connected eBook with Study Center] (Aspen Casebook) (Aspen Casebook Series)](https://m.media-amazon.com/images/I/61q5aq2nJOL._AC_UL320_.jpg)
![The Common Law [with Biographical Introduction]](https://m.media-amazon.com/images/I/61rWKl6f6HL._AC_UL320_.jpg)
