Does South Africa use common law or civil law?

The Republic of South Africa is a constitutional state, with a supreme Constitution and a Bill of Rights. … South Africa has a mixed legal system – a hybrid of Roman Dutch civilian law, English common law, customary law and religious personal law.

What is civil law in South Africa?

From Wikipedia, the free encyclopedia. Civil procedure in South Africa is the formal rules and standards that courts follow in that country when adjudicating civil suits (as opposed to procedures in criminal law matters). The legal realm is divided broadly into substantive and procedural law.

What are sources of law in South Africa?


As South African Law has many sources ie. 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.

What type of government is South Africa?

South Africa has a mixed or hybrid common law system. The South African legal system draws from various other legal systems including, among others, Roman law, Roman-Dutch law, English common law and Germanic law.

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What’s the difference between civil law and common law?

The main difference between the two systems is that in common law countries, case law — in the form of published judicial opinions — is of primary importance, whereas in civil law systems, codified statutes predominate. … In fact, many countries use a mix of features from common and civil law systems.

Is common law authoritative?

Thirdly, judgements of the courts, after 1910, are also an authoritative source of law. This is known as case law. The South African courts are divided into superior and lower courts. … The body of law provided by the old authorities is known as the common law.

Is common law legislation?

Legislation is also known as statute law, statutes, or Acts of Parliament. … The practical result of the principle of parliamentary sovereignty is that legislation prevails over common law. If there is a conflict between legislation and the common law, legislation will over-ride the common law.

What are examples of common law?

What are some examples of common law?

  • Members of the couple live together for an extended period of time.
  • Both members have the legal right to marry.
  • Neither of them is married to another person.
  • They present themselves in front of friends and family as a married couple.
  • They have joint bank accounts/credit cards.

What is rule of law in South Africa?

What is The Rule of Law? The Rule of Law, in its most basic form, is the principle that no person is above the law. The rule follows from the idea that truth, and therefore law, is based upon fundamental principles which can be discovered, but which cannot be created through an act of will. READ MORE.

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Is South Africa unitary or federal?

Although South Africa bears some elements of a federal system, such as the allocation of certain powers to provinces, it is nevertheless constitutionally and functionally a devolved unitary state.

What is public law in South Africa?

This includes the areas of Criminal Law, Human Rights, Legal Interpretation, Constitutional Law, Administrative Law and International Law. …

Is South African law similar to UK?

The systems of law and justice in England and South Africa are very -similar. This is not surprising, since the Cape has been a British possession for nearly one and a half centuries, and the Union’a Dominion of the Empire for the last thirty years.

Which law is the highest law in South Africa?

The Constitution is the supreme law of the land. No other law or government action can supersede the provisions of the Constitution.