However, formatting rules can vary widely between applications and fields of interest or study. Lexisnexis south africa is passionate about case law and providing quality case law to our customers. Search and retrieve employment case law from labour appeal court, labour. Constitutional court of south africa case cct 10817 in the matter between. South african case studies 219 ceramic substrate is a more recent development with the two world leaders, corning and ngk insulators itself, recently establishing plants in south africa. Cybersecurity 2020 laws and regulations south africa iclg.
It is higher than parliament and it can override any law that parliament makes if the law goes against the constitution. The republic of south africa is one, sovereign, democratic state founded on the following values. Juta south african case law, jutas 1838 to date online. In south africa, sentencing is considered the primary prerogative of trial courts and they enjoy wide discretion to determine the type and severity of a sentence on a case by case basis. It is important to note than in south africa, the principle of judicial precedent is followed. Today, south africa retains a plural legal system, with customary law remaining a legal system for those who wish to be subject to it. Lexisnexis is passionate about bringing you quality case law, that is why they have partnered with nyasha musviba founder of the south african tax guide to scour their database and handpick a selection of the most topical and noteworthy tax cases. Although customary law and indigenous law are used as synonyms in south african law. Minister of justice and constitutional development first applicant minister of police. Case law the law of south africa research guides at. The colonisation of south africa the colonisation of south africa. Prior to the advent of democracy in 1994 and the constitutional order, segregationist policies were essential aspect of government policy. South africa has a hybrid or mixed legal system, formed by the interweaving of a number of distinct legal traditions. Since its creation, the constitutional court has adjudicated numerous constitutional law matters, many of which, by the courts own assessment, have had a profound impact on the law in south africa and constitute landmark cases.
Senior lecturer, faculty of law, rhodes university, south africa. The courts look at the facts of the case, and the law. Abortion, reproductive rights and the possibilities of. She has written extensively on administrative law and is the author of a leading scholarly text, administrative law in south africa. See warren freedman, understanding the constitution of the republic of south africa 242 20. The constitution is the supreme highest law of south africa. The databases below vary in size and completeness and represent besteffort collections that rely on the. This ensure certainty and fairness as the principles of law are set down for everybody to know and to follow. Criminal liability, public policy, and the principle of. All law may not conflict with the south african constitution. Saflii also hosts legal materials from other countries in the region which are obtained through partnerships, collaborative efforts and more recently through linking to other legal information.
In the first instance, the note provides an overview of the masethla case. Republic and the south african law reform commission defines customary law as the various laws observed by communities indigenous to the country. Constitutional court cases in south africa law library of. May 17, 2016 study unit 1 introduction to south african law.
Select south africa on the left hand column and then select your relevant court eg. It is not vital, in the case of other branches, to decide in which branch a particular rule falls, but with evidence it can be vital, as will be understood later, when we consider the impact of english law on the south african system. The southern african legal information institute publishes legal information for free public access which comprises mainly of case law from south africa. All laws and state actions must be in line with the constitution. South africa has a comprehensive legal framework that is largely aligned to the luanda guidelines and. Environmental law environmental legislation enforcement bp southern african pty ltd v mec for agriculture and land affairs 2004 5 sa 124 w 1 this list pertains not to be a complete list of all cases published on south african environmental law. Cybersecurity laws and regulations south africa covers common issues in cybersecurity laws and regulations, including criminal activity, applicable laws, specific sectors, corporate governance, litigation, insurance, employees, and investigatory and police powers in 32 jurisdictions. It provides notes and important cases on criminal law. Saflii reproduces the gazettes in line with permission from the government printing works of the republic of south africa. When a legal problem is not covered by statute law, you can look at the common law for an answer.
Corporate and business law south africa june 2012 answers 1 this question requires candidates to discuss the various sources of law that south african law is derived from. Find out more about the latest published cases and read up on topical cases of. Women and the law in south africa gender equality jurisprudence in landmark court. These principles are often described and enunciated in case law, which case law. South african labour law, case studies, sa labour court. 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. Senior lecturer, faculty of law, rhodes university, south africa r. Criminal law which is to be distinguished from its civil counterpart forms part of the public law of south africa, as well as of the substantive law. Enhanced by the inclusion of the consolidated case digest of jutas digest of south african law. On december 11, 1996, south africa enacted the choice on termination of pregnancy act, which gives women of any age or marital status access to abortion services upon request during the first 12 weeks of pregnancy, and in certain cases, extends access to the first 20 weeks of pregnancy. Until 1997, however, access to termination of pregnancy services was extremely limited and largely confined to white women. The second, third and fifth icons allow you to export the case either by saving it as a pdf, emailing it or printing it directly.
As far as textbooks are concerned, there is a prescribed text. Case law south african law oxford libguides at oxford. The supreme court of appeal of south africa judgment reportable case no 1432017. This law comes from romandutch law and english law, brought to south africa by the dutch and english settlers. Taking a case to the south african human rights commission. Free online case law or unreported judgments use our case law webpage. Since its adoption the constitution of the republic of south africa, 1996, has played a major role in the development of the law in general and in particular, in the development of the law of property. If your case doesnt show, then try using the advanced search and clicking on the this case name box before pressing search. South african citation practice adds the abbreviated name of the court at the end eg cc constitutional court, a appellate division. Hutchison et al the law of contract in south africa oxford university press, 2009. Administrative appeals tribunal act 1975 australia.
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. Saflii cannot edit or radact any information contained in the gazettes. Cases are published by juta as a consolidated series known as the south african law reports citation format is standardised the all south african law. Minister of justice and constitutional development first applicant minister of police second applicant minister of health third applicant minister of trade and industry fourth applicant national director of. The first unit of study for business law 101 is an introduction to the subject. Criminal law, procedure and evidence regsterminologie. The common law of south africa is roman dutch law which has, over the years, been adopted and set out in our case law. Case law in south africa institute of development and. Constitutional court of south africa case cct 10817.
Manual will also give you advice you can use in practical situations. South africa has an advanced labour law system, protecting the rights of employees. Dec 08, 2015 the law library has a limited historical collection of south african case law in print. Finding law reports law llb and other law degrees 1st. Overstrand municipality v water and sanitation services south africa pty. Common law, legislation or statutes, judicial precedent court decisions, indigenous law, custom and legal academic writings, it is of practical importance. Pdf this article aims to make some introductory remarks concerning the phenomenon of. Furthermore, customary law greatly influences various aspects of the law.
Perhaps the south african protection of privacy, which reveals both civil law and constitutional strands, may provide some guidance in developing a viable law on invasions of privacy in scotland. The mutually beneficial interaction between protection of privacy under the modern law of delict in south africa. Judgments from 2006 considered for publication in the printed series of jutas the south african law reports. What distinguishes south african criminal law is the generality of the laws and the removal of many of the safeguards against their unfettered use which generally exist in the other countries. The law of contract in south africa 2012 2nd edition. Criminal law on intoxication as it exists in south africa is a valid legal defense that an accused can use against criminal charges based on mental capacity, conduct and particularly, intention. Yet court decisions can only effectively be a source of law. Common law, legislation or statutes, judicial precedent court decisions, indigenous law. South african law reform commission issue paper 27 project 126 electronic evidence in criminal and civil proceedings. To access older law journals published in south africa there is also an archive of older journal articles available at the african journal archive.
An example from case law of the south african constitutional court. Command protection services gautengpty ltd v south african post office limited supreme court of appeal, bloemfontein 21412 2012 zasca 160 16 november 2012 facts. Finding case law researching south african law library. For a full list of cases, see the course outline for students. South african common and customary law of intestate. These cases may be found in the law reports, which may be accessed in the law library, both in paper and electronic form. The law of evidence overlaps with other branches of procedural and substantive law. Zimbabwe, namibia, transkei, bophthatswana, and venda.
Hutchison et al the law of contract in south africa. If your case doesnt show up in any search, it is possible to look for cases using the court that the case was heard in. Introduction to south african law and the legal system. No law can go against the constitution, whether it is a customary law or a law that parliament makes. There are some law journals on the platform that can be accessed free of charge. T humby, ed et al introduction to law and legal skills in south africa 2012, oxford university press. Yet court decisions can only effectively be a source of law if they. Fundamentals level skills module, paper f4 zaf corporate and business law south africa june 2012 answers 1 this question requires candidates to discuss the various sources of law that south african law is derived from.
In dealing with comparative law there are three further cases which deserve. See the tutorial on how to find a south african case on jutastat online and lexisnexis available under law reports tutorials on the left international and foreign law reports. Case studies in the labour and labour appeal court create precedence and have to be followed by other judges and ccma commissioners. A general comparison between the principles of the law of specific contract in south africa and its english counterpart.
A31947, 19472010, which contains decisions of the south african supreme court, as well as decisions of the high courts and supreme courts of various states and provinces, i. Submitted in accordance with the requirements of the degree of. The south african constitution of 1996 is a document that consists of 14 chapters. Our constitution gives all people in south africa a right to fair labour practices. The south africa aids controversy a case study in patent law. The south african authority is well regarded on the continent as an e. This guide is intended to assist you in researching south african law.
Cora hoexter is a professor in the school of law at the university of the witwatersrand, johannesburg, and is currently president of the administrative justice association of south africa. This act replaced a 1975 law that severely curtailed access to abortion services by requiring a physicians. University of south africa v reynardt 2010 zalac 9 unfair implementation of an affirmative action plan, once the targets have been met. Pdf legal argumentation based on foreign law an example from. Some are authoritative while others have only persuasive authority. Abortion has been legal in south africa for decades. The aforementioned doctrines and legal principles, even though not accepted as part of south african law, provide for the broadening of the initial concept of an excessive 7 hutchison et al.
Many of the general principles of our law come from the common law, eg the criminal law that says that murder and robbery. Health v new clicks south africa pty ltd the new clicks case, are dealt with elsewhere in this handbook. This section contains free ebooks and guides on law books, some of the resources in this section can be viewed online and some of them can be downloaded. Finding case law researching south african law library guide.
Since 1947, the provincial and supreme court law reports were gathered into one publication the south african law reports. The south african law is derived from a number of sources. Law reform commission of ireland consultation paper 57 project 7. Cases are published by juta as a consolidated series known as the south african law reports citation format is standardised the all south african law reports are published by lexisnexis butterworths. Cape town 110 114 sources of law as south african law has many sources ie. Mining law is also affected by the common law of south africa derived from roman law principles through roman dutch law. South africa does not appear to have a sentencing institution in place.