History of south african law pdf

The case of south africa presents south africa as a case study from a more sociological perspective. It also seeks to suggest that romandutch law, with its powerful. This comprehensive onevolume history of south africa goes beyond the achievement of democracy to look at the problems facing the new society in the period since nelson mandela ended his term as south africas first black president. It is refreshing, and long overdue, that a new reference book on. Legal system south african law oxford libguides at. The study generated an authoritative dataset that makes possible new understandings of. Pdf the history and politics of contemporary commonlaw purism. This is origins of south african law revision part 2 by swotsmart on vimeo, the home for high quality videos and the people who love them.

It is often illuminating to know why a particular provision has been made. The common law of the country in this context, common law implies law of nonstatutory origin is based on the romandutch law of the original dutch settlers. In a typical african country, the great majority of the people conduct their personal activities in accordance with and subject to customary law. Origins of south african law revision part 2 on vimeo. Design indaba, youtube brand south africa reporter south africa has an independent judiciary, subject only to the constitution and the law. This article explores the phenomenon of commonlaw purism in south africa. African customary law, customs, and womens rights muna ndulo abstract the sources of law in most african countries are customary law, the common law and legislation both colonial and postindependence. With his codification of the entire roman law, the second codification in the history of the roman. The more radical boers split away under the leadership of general barry hertzog, forming the national party np in 1914. Their south african national party, later known as the south african party or sap, followed a generally probritish, whiteunity line. The national party championed afrikaner interests, advocating separate development for. The common law is the centre around which the sources of law revolve. This module deals with the external and the internal history of south african law.

This is a short history of africa excluding egypt, ethiopia and dutch and british south africa, which are the subjects of separate histories. Although there are exceptions, most south africans consign the experience of pervasive racism to history, and young people have moved beyond thinking along racial lines. South africa was proclaimed to be a white mans country in which members of other racial groups would never receive full political rights. The south african constitution act 1996 took effect on 3 february 1997. Though youve likely heard about south african apartheid doesnt mean you know its full history or how the system of racial segregation actually worked. South africas law is sourced from 1 statutory law made by the legislative body the most important of which is of course the constitution, 2 common law this includes the romandutch old authorities and judicial precedent gleaned from case law, 3 african customary law, and 4 foreign and international law. From about 50,000bc groups of san people migrate out southern africa eventually giving rise apparently to modern man in the rest of the world. The privy council had not, i think, given leave to appeal from south africa for more than a dozen years, and it seems possible that owing to our history we were.

South africa history, capital, flag, map, population. The roman dutch civilian law and english common law influence reflects south africas history of successive colonial governance by the dutch. The president is both head of state and head of the executive. Groot humanists influence infra institutions inter alia introduction judges judicial jurisprudence jurists justinian landdrost later law in south legal history legal system legislation leiden lord louvain mechelen medieval namely old writers period placaat placaaten practice. South african common and customary law of intestate. History of south african law seite 1 a introduction south african law is neither a classical roman, nor a romandutch law nor an english common law and certainly not a traditional african law. Topics, timelines and articles that cover the history of south african art, music, theatre, sports, heritage and media.

Fls1501 lawblogsa a lawblog for south african students. It is common knowledge that south african law is based on romandutch principles and that english law has also influenced our legal system. The main difference is that apartheid made segregation part of the law. Sources o fnsouth african law the legal system of the republic of south africa is largely based on romandutch law, however it was also influenced by the british common law system as a result of. The external history of the law traces the sources and factors that have contributed directly or indirectly to the development of a legal system. Pdf south african constitutional law in context researchgate. Criminal law being a practical subject has to be taught in a practical way without ignoring the principles on which it is based. The external history deals with the origins of the south african legal system, that is, how and where our law began. It is in the light of that history and the enduring legacy that it bequeathed.

By 100,000bc the san people had settle in southern africa. It raises the question of why the legal system is virtually exclusively european. The constitution is the supreme law of the country and binds all legislative, executive and judicial organs of state at all levels of government. A brief history of south african apartheid thoughtco. The history of south african law and its romandutch roots. Yet court decisions can only effectively be a source of law if they. The history of south african law and its romandutch roots lenel. An introduction to south african law reports and reporters, 1828 to 1910 jp van niekerk 1 background judicial decisions, as any first year law student knows, are one of the fundamental sources of our law. The prehistory and history of south africa span nearly the entire known existence of human beings and their ancestorssome three million years or moreand include the wandering of small bands of hominins through the savanna, the inception of. Edwards the history of south african law, an outline 1996 5. South africa has a hybrid or mixed legal system, formed by the interweaving of a number of. The african national congress predates the afrikaner nationalist party as a political organization in south africa. This statement is controversial, since the history books show us that the original inhabitants were.

Cameron, trewhella, jan smuts, an illustrated biography, cape town, 1994. Every person resident in south africa was legally assigned, largely on the basis of appearance, to one racial groupwhite, african, coloured, or asian. Focuses on the centrality of the regulation of womens reproductive bodies to the making and maintenance of apartheid in south africa. She is elected by the national assembly from its own members. The legal system and sources of law south african legal. Although customary law and indigenous law are used as synonyms in south african law, the first is preferred, since it is also the expression used in the constitution of the republic of south africa, 1996 hereinafter the constitution. One of the chapters ch 2 even provides for a broad outline of the south african criminal procedure system. Globalization, the impact of trade liberalization, and labour law. The system was rooted in the countrys history of colonization and slavery. The great depression and world war ii brought increasing economic woes to south africa, and convinced the government to strengthen its policies of racial segregation. Not possible to separate the history and development of romandutch law from the history of roman law in the rest of western europe, more specifically from history of the gradual assimilation of roman law and canon law into germanic customary law. The first scholarly study of the history of abortion in south africa, or indeed any african country.

Get free origins of south african law exam papers origins of south african law exam papers history and structure of the south african constitutional court roger alford at jicl 2016 symposium south african justice. A history of apartheid in south africa south african. From about 500ad bantu speaking people from central and eastern africa had migrated into south. Van zyl history and principles of roman law 1983 88. The harsh reality of life under apartheid in south africa. Thus parliament could not pass legislation that is in contravention of the constitution. The contribution of english law to south african law. The article starts off with a brief discussion of roman and romandutch law. 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. Some of the history of these countries, however, is naturally mentioned in this history of the rest of africa but is kept to the minimum needed to make the rest comprehensible. The language of apartheid south africas gay underground.

South africa is a country of many cultures, known by its citizens as the rainbow nation. The constitution of the republic of south africa, 1996, is the most important source of law and under our system of constitutional supremacy, the constitution is the supreme law of the country. History of south africa key figures in south africas. It merged however, as the following essay will show, in its long andexciting history elements of all mentioned laws to a specific south african law. In 1948, the afrikaner national party won the general election under the slogan apartheid literally separateness. The aim of this article is to explore the legislative origin of adoption in south africa. The other three discussion papers examine old and new challenges facing labour law as a tool to promote social goals from specific regional. This law comes from romandutch law and english law, brought to south africa by the dutch and english settlers. Romandutch law in its south african historical context. The first unit of study for business law 101 is an introduction to the subject.

In its stead, a republic a south africa was established. The aboriginal indigenous people the san bushmen and khoikhoi collectively known as khoisan were joined by an influx of bantu and europeans to evolve into presentday south africas cultural makeup. In his analysis of form and substance in the south african law of contract, cockrell relying. 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 favored destination for travelers since the legal ending of apartheid afrikaans. A critical evaluation our legal categories are contingent and fluid, and. In 1960, following the drafting of a new constitution, south africas white voters voted in a constitutional referendum to abolish the union of south africa created by the south africa act of 1909. An introduction to south african law reports and reporters. In sa, the term common law refers to romandutch law as influenced by english law common law is a sourceplace of origin of south african law it must be distinguished from other sources of law such as court decisions, legislation and customary law. South africa has a hybrid or mixed legal system, formed by the interweaving of a number of distinct legal traditions.