Debate - Closing Statement on Law Equity
Debate 2012
Closing Statement – Conclusion
We all know that South Africa has a mixed legal system consisting of Roman-Dutch Law, English Law and Indigenous Law. I would like to emphasise the concept that South Africa’s legal system is NOT CODIFIED and that it is a MIXED legal system.
We have an uncodified, mixed legal system meaning that our law system is not in its entirety written down in a single code. In the last decade the South African society experienced drastic changes in terms of a new Constitution and a new political dispensation. It was necessary for these changes to occur due to the knowledge of South Africa’s legal history such as the legitimacy crisis that occurred in the late 1970’s; therefore history helped us to make changes so that the law could adapt to the changing society’s values and needs and provide for the application of human rights.
History is part of our country and so are traditions BUT with the changing of the Constitution and political dispensation, new rules were set to provide for the present and future events. We live in the 21st century where people, places etc. are vastly different than the 19th century. There is so much more diversity in South Africa now than a decade ago. EG: Languages + Race Groups
COSATU made a request for the review of the South African Court Etiquette and that some changes should be made to make the court more “user friendly”. We agree with this request!
Highlighting of the 3 main concepts for change: 1) The Dress code is very formal and derives from English law.
Disadvantages: -- The Weather is very different from European countries (hot) and SA is not part of a monarchy. It is also intimidating for a person that’s being represented (not user friendly)
Example: Jury system in America, the jurors are allowed to wear casual clothes but must be appropriate and respectable. 2) The use of formal language and Latin words.
Disadvantages: Most of SA’s population = uneducated and do not
Closing Statement – Conclusion
We all know that South Africa has a mixed legal system consisting of Roman-Dutch Law, English Law and Indigenous Law. I would like to emphasise the concept that South Africa’s legal system is NOT CODIFIED and that it is a MIXED legal system.
We have an uncodified, mixed legal system meaning that our law system is not in its entirety written down in a single code. In the last decade the South African society experienced drastic changes in terms of a new Constitution and a new political dispensation. It was necessary for these changes to occur due to the knowledge of South Africa’s legal history such as the legitimacy crisis that occurred in the late 1970’s; therefore history helped us to make changes so that the law could adapt to the changing society’s values and needs and provide for the application of human rights.
History is part of our country and so are traditions BUT with the changing of the Constitution and political dispensation, new rules were set to provide for the present and future events. We live in the 21st century where people, places etc. are vastly different than the 19th century. There is so much more diversity in South Africa now than a decade ago. EG: Languages + Race Groups
COSATU made a request for the review of the South African Court Etiquette and that some changes should be made to make the court more “user friendly”. We agree with this request!
Highlighting of the 3 main concepts for change: 1) The Dress code is very formal and derives from English law.
Disadvantages: -- The Weather is very different from European countries (hot) and SA is not part of a monarchy. It is also intimidating for a person that’s being represented (not user friendly)
Example: Jury system in America, the jurors are allowed to wear casual clothes but must be appropriate and respectable. 2) The use of formal language and Latin words.
Disadvantages: Most of SA’s population = uneducated and do not