The South African Legal System
Chapter 1: The South African Legal System
Law: Is a body of rules governing human conduct that is recognized as binding (must be obeyed, because it is accepted in Law) by the State and the courts, and if necessary, is enforced.
The historical sources of South African law are: * Roman law * Roman-Dutch law * English law
Roman law: Rome was a small state with most of its population living on farms. Its economy was based mainly on agriculture. The oldest male ascendant in a family was the head, in other words, he was the sole owner of all family property and holder of all power. The law was primitive. Rome developed rapidly and the law had to adapt for these changed circumstances (sophisticated legal system was created).
Roman-Dutch law: The Roman Empire declined and fell but it did not disappeared. During the Middle Ages, traces of Roman law remained for 2 reasons: 1) Every person, was judged according to the law of his/her own country, therefore Roman citizens were judged according to Roman law. 2) The church exerted great influence during this period and canon law was based on Roman law. This 2 reasons, contributed to the preservation of Roman law. After that, Roman law was received in the Netherlands and became mixed with the existing Dutch law.
English law: When the Cape was formally ceded to Great Britain, the existing Roman-Dutch law remained in force but various factors contributed to a reception of English law. The direct and indirect influence of English law was encouraged. English law was often directly drawn on for new legislation: a code of criminal procedure was introduced, as well as, the entire English law of evidence and the English system of the administration of estates. Simultaneously, a gradual infiltration of the English legal terminology and manner of thinking took place resulting in a strong and adaptable system of law. In 1910, a Union Parliament was established in S.A (a uniform system of statute law for the whole country)
Law: Is a body of rules governing human conduct that is recognized as binding (must be obeyed, because it is accepted in Law) by the State and the courts, and if necessary, is enforced.
The historical sources of South African law are: * Roman law * Roman-Dutch law * English law
Roman law: Rome was a small state with most of its population living on farms. Its economy was based mainly on agriculture. The oldest male ascendant in a family was the head, in other words, he was the sole owner of all family property and holder of all power. The law was primitive. Rome developed rapidly and the law had to adapt for these changed circumstances (sophisticated legal system was created).
Roman-Dutch law: The Roman Empire declined and fell but it did not disappeared. During the Middle Ages, traces of Roman law remained for 2 reasons: 1) Every person, was judged according to the law of his/her own country, therefore Roman citizens were judged according to Roman law. 2) The church exerted great influence during this period and canon law was based on Roman law. This 2 reasons, contributed to the preservation of Roman law. After that, Roman law was received in the Netherlands and became mixed with the existing Dutch law.
English law: When the Cape was formally ceded to Great Britain, the existing Roman-Dutch law remained in force but various factors contributed to a reception of English law. The direct and indirect influence of English law was encouraged. English law was often directly drawn on for new legislation: a code of criminal procedure was introduced, as well as, the entire English law of evidence and the English system of the administration of estates. Simultaneously, a gradual infiltration of the English legal terminology and manner of thinking took place resulting in a strong and adaptable system of law. In 1910, a Union Parliament was established in S.A (a uniform system of statute law for the whole country)