The placeof international law in south african municipal law 43 romandutch law 44 angloamerican law 46 south african law before 1994 47 1 customary international law 47 2 treaties and municipal courts 49. South africa has a hybrid or mixed legal system, formed by the interweaving of a number of distinct legal traditions. The south african legal system has not only developed fascinating mixtures of civil law and common law rules over more than a century, but has also experienced a postapartheid south africa. Reading any act is on its own rather dry and uninteresting. R 509,95 incl vat 698 pages soft cover this book by gerhard kemp, as editor, is core course material for any student, but by no means is this book a mere academic treatise on criminal law and may be regarded as a definitive work on the subject. Web pdf epublications introduction about juta law juta law aims to be the premier provider of legal and regulatory information and learning solutions in southern africa, meeting needs of law practitioners, students and business professionals.
Handbook of south african law of maintenance is a concise exposition of the common law and statutory provisions relating to the law of maintenance. Dictionary of legal words and phrases lexisnexis sa. Theft, rape, treason section 83adevelop common law to give effect to a rightto limit a right where reasonable section 392 interpreting common law promote. The south african history of the rule of law and rechtsstaatlichkeit. Due to the fact that theft is a dishonesty offence, we dismiss those employees guilty of theft, no matter the value of the item stolen and in most cases, factors in mitigation were not enough to tip the scale away from dismissal, as honesty goes to the heart of the relationship and theft or dishonesty. Distinguish between the generalising and casuistic approaches to the law of delict. Oxford university press african customary law in south. Study unit 1 introduction to south african law tristan. African law journal, published the first edition of his south african legal dictionary 608 pages in 1910. This handbook is suitable for practitioners and justice officials as a ready reference to. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. What does the history of south african law tell us about where laws. It provides an authoritative and accessible overview of the main branches of south african public, private and commercial law.
Prescribed unisa law textbooks for sale pdf versions r85 each contact via whatsapp for more into 0715090739 african customary law civil procedure. Review of the structure of the legal system and courts of. Ann skelton, hannaretha kruger, marita carnelly, robbie robinson, sonia human, lesala mofokeng, and johan scott. This handbook is suitable for practitioners and justice officials as a ready reference to every aspect of maintenance law. The general features of the north african legal system are the written constitution as well as the codes and the special commandments civil code, corporations code, penal code, administrative code, commercial code which contain the fundamental.
The south african law journal is the legal showcase for new ideas, changing attitudes and shifting emphases in south african law. Chapter 1 law 1503 with as at unisa university studyblue. This law comes from romandutch law and english law, brought to south africa by the dutch and english settlers. The best law dictionary available michalsons law firm. Many of the general principles of our law come from the common. There has, in south african legislation, been a definite movement towards the use of plain language. The first unit of study for business law 101 is an introduction to the subject. University of south africa a lawblog for south african. 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. Founded in 1884, it is the oldest law journal of its kind in the world. The south african law journal is south africas premier law journal. This looseleaf publication is based on bells south african legal dictionary and sissons south african judicial dictionary. Street law south africa educators manual explains how to conduct the. Mar 14, 2016 the north african legal system is a codified legal regime which originated from french law.
Introduction to the law of south africa introduction to. The general principles of criminal law, the elements of specific common law crimes and statutory offences are all covered in the text. Introduction to the law of south africa introduction to the. Customary african law the indigenous laws of african tradition customary union marriage marriage according to african customary law damages money claimed for loss, harm or pain suffered debt money which one person or institution owes another debt sarah owes petrus r100 and she owes thandi r200, so she has debts of r300.
C general principles of law recognized by civilized nations 36 d judicial precedent 38 e text writings 38 f codification 39 g jus cogens 40 4. There is no allembracing statute governing the south african law of aspects. Offering insight into the rich system of south african law, this title will be of particular interest to the international legal community. Lexisnexisbutterworths took pride of place in libraries of legal practitioners and students alike. This involved attempting, with or without the help of a dictionary, to first. We merely draw your attention to the following four works. Especially when converting legal documents into plain language. Introduction by humby t, kotze lj, du plessis aa and letsaolo d in humby t et al eds introduction to law and legal skills in south africa 110. Various statutes govern various aspects of it, but the common law is the main source.
Determine where the law of delict fits into the whole system of law. Handbook of the south african law of maintenance lexisnexis sa. Many of the general principles of our law come from the common law, eg the criminal law that says that murder and robbery. Name the most important delictual actions and distinguish between them. Criminal liability, public policy, and the principle of.
May 17, 2016 study unit 1 introduction to south african law. For the obvious reason that the state known as south africa since 1910 was created from british colonies in 1910, and continued to be a british dominion in the subsequent decades, south african public law hardly contained any elements drawn from the civil law systems of continental europe. Introduction to law and legal skills in south africa, chapter. An introduction to the north african legal system africlaw. I do a lot of drafting and it is crucial that i know the precise meaning of words in the legal context. South africa, the southernmost country on the african continent, renowned for its varied topography, great natural beauty, and cultural diversity, all of which have made the country a favoured destination for travelers since the legal ending of apartheid afrikaans. It contained most of the english, latin and dutch terms, phrases and maxims used in romandutch law and south african legal practice, together with definitions occurring in the statutes of the south african colonies. This information has not been provided to meet the individual requirements of a specific person and legalwise insists that legal advice be obtained to address a persons unique circumstances. A written statement made under oath before a commissioner of oaths, for example, a member of the south african police service or an attorney. Unwritten laws are referred to as thecommon lawwhile the written law is found in legislation and court cases. Pdf introduction by humby t, kotze lj, du plessis aa and.
The south african law journal is the legal showcase for new ideas, changing attitudes. The north african legal system is a codified legal regime which originated from french law. The influence of the bill of rights read with comparative perspectives and international law on each subject, supports the legal theory referred to. An overview of the regime maintenance function of the south african criminal law contemporary public policy frequently uses criminal law as a tool of social engineering. The south african law of evidence forms part of the adjectival or procedural law of that country. Postapartheid and living law perspectives provides a clear introduction to african customary law in south africa. Common law is law that is not made by parliament or another law making body. Explain why the law of delict is part of the law of obligations. South african constitutional law in context offers a comprehensive, clear, and concise introduction to the study of south african constitutional law. Law reports are, of course, well known in english law, and their format in that system has been largely adopted in south africa as it has in other legal systems influenced by. Jan, 2017 handbook of south african law of maintenance is a concise exposition of the common law and statutory provisions relating to the law of maintenance. 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. In its technical meaning in devises, this is a word of purchase, but the testator may make it a word of descent.
The practice of law reporting in english law dates from at least the thirteenth century, 7. The effect of theft in the workplace pdf labour law south. Introduction to south african law and the legal system. Dictionary of legal words and phrases consists of 4 volumes.
When a legal problem is not covered by statute law, you can look at the common law for an answer. The information contained on this website is aimed at providing members of the public with guidance on the law in south africa. For many decades the south african law of evidence formally hoffmann and zeffertt durban. The origin of adoption in south africa 1 introduction. Due to the fact that theft is a dishonesty offence, we dismiss those employees guilty of theft, no matter the value of the item stolen and in most cases, factors in mitigation were not enough to tip the scale away from dismissal, as honesty goes to the heart of the relationship and theft or. The effect of theft in the workplace, document, labour law. Of particular interest is the way in which so many branches of law have been infused by basic constitutional values. Available for download immediately via vitalsource ebook app download for full offline perpetual access and one year online access. Equality constitutional adjudication in south africa. Every employer will probably, at some stage or another, be faced with theft in its workplace.
All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. Common law laws not made by parliament roman dutch law as developed by new decisions of the courts the process or system is based on english law process egs. The text provides a structure for understanding the nature and overarching system of customary law, illustrating the distinctness of african customary law in relation to other areas of south african law. Explain the purpose and meaning of street law and law in general. Under roman law the rules on latent defects initially applied to the sale of slaves. This title is part of an established series which introduces various legal systems of the world. South african music law, contracts and business 20. The text offers a strong foundation of legal theory blended with a practical applied approach from a. Collection of common legal terms used in south african law. Dutch legislation between 16521806 applies only if it has been ratified and accepted by south african law.
Third edition of highly indemand music industry book now ready for release south africas only reference book on music contracts and law for musicians was originally written by nick matzukis and published in 2009. South african music law, contracts and business 20 third edition of groundbreaking book to be released at music exchange. Tenninol ogy development in south africa has been hampered by a number of. It is the essential practitioners guide to how south african courts and law academics have defined, interpreted and applied thousands of. The easiesttoread, most userfriendly guide to legal terms. I shall conclude the discussion with a few remarks on the influence of the common and constitutional law on customary law with a view to the future of customary law of succession in its current form in a mixed legal system such as that of south africa. It is the essential practitioners guide to how south african courts and law academics have defined, interpreted and applied thousands of latin, english and afrikaans terms. For example, the south african national credit act, no. South africa has a bill of rights in our constitution bona fide in good faith, believing that you are doing something you have a right to do breach of contract breaking the terms agreed on in a contract by law law made by a local authority candidate attorney someone with a law. The right to safety and security and its protection are laid down in unwritten and written laws. Manual will also give you advice you can use in practical situations. List of cities and towns in south africa britannica. South african common and customary law of intestate.
The dictionary of essential legal terms by amy hackney blackwell. Common law is law that is not made by parliament or another lawmaking body. The third mancipation finally terminated the patria potestas. It is refreshing, and long overdue, that a new reference book on the law of evidence in south africa has been published. Court case that declared that separate but equal schools for black and white. As south africa celebrates 20 years of constitutionalism, it is timely to examine critically the south african constitutional courts approach to one of the central pillars in pursuit of a nonracial and nonsexist south africa. Equality constitutional adjudication in south africa chapter. Introduction this presentation is divided into two parts.