South African Law : Team 3

South African law : When was the South African law established?

The foundation of South African law is Roman-Dutch law which is itself a blend of indigenous Dutch customary law and Roman law. This legal system was introduced into and applied in South Africa after the southernmost tip of the Cape was settled by the Dutch in 1653. At the end of the 18th century, the Cape was occupied by the British, Roman-Dutch law was retained and confirmed as the common law of the country.

South African law : What is the court system in South Africa?

The South African court system consists of Magistrates' Courts; High Courts; a Supreme Court of Appeal. A Constitutional Court, which is the highest authority in constitutional matters and final authority to decide whether an issue is Constitutional or not. Certain specialised courts have also been provided for by the legislature, in order to avoid backlog in the main legal administration infrastructure. African indigenous courts, which deal exclusively with indigenous law, also exist.

South African law : How does South African law affect other countries?

Besides South Africa itself, South African law, especially its civil law and common law elements, also forms the basis of the laws of Botswana, Lesotho, Namibia, Swaziland and Zimbabwe, which were introduced during the process of colonisation. Basutoland(Lesotho) received the law of the Cape Colony in 1884, and Bechuanaland(Botswana) and Southern Rhodesia(Zimbabwe) received it in 1891. Swaziland received the law of the Transvaal Colony in 1904, and South-West Africa (Namibia) received the law of the Cape Province in 1920, after its conquest by South Africa.

South African law : What is the civil procedure in south Africa?

Civil procedure in South Africa sets out the rules that courts follow in that country when adjudicating civil suits. These rules govern how a lawsuit may be commenced, and what kind of service of process is required, along with the types of pleadings or statements of case, and orders allowed in civil cases, the timing and manner of depositions and disclosure, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks are to function.

South African law : What is the criminal procedure in South africa?

Criminal procedure in South Africa refers to the adjudication process of that country's criminal law. It forms part of procedural or adjectival law, and describes the means by which its substantive counterpart, South African criminal law, is applied. It has its basis mainly in English law.

South African law : What are the qualifications to become a lawyer in South Africa?

For admission as an attorney, the academic qualification required is an LLB from a South African university; Legal education in South Africa. One then serves "articles" as a candidate attorney with a practicing attorney for a period specified according to the qualification of the candidate (generally 2 years if an appropriate legal degree has been obtained); the length of articles may be reduced by attending a practical legal training course or performing community service. The candidate must also write a "board exam" set by the relevant provincial Law Society.

South African law : What is the constitutional law in South Africa?

It provides the legal foundation for the existence of the republic, sets out the rights and duties of its citizens, and defines the structure of the government.

South African law : What is the Legal interpretation of South African law?

Legal interpretation in South Africa refers to the juridical understanding of South African legislation and case law, and the rules and principles used to construct its meaning for judicial purposes.

South African law : What is the legal system of the South African Law?

South Africa has a 'hybrid' or 'mixed' legal system, formed by interweaving of a number of distinct legal traditions: 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.

South African law : What is the procedure for making or changing a law?

The process of making a law starts with a discussion document drafted in the Ministry. Then this discussion document published for comment, suggestions or ideas. This lead to a White Paper which is a broad statement of goverment policy. It is drafted by the relevent department or task team. After this, It is sent back to the Ministry for further discussion, input and final decisions.