South Africa · Overview
The legal system of South Africa
One of the world’s most instructive hybrid systems. Roman-Dutch private law supplies substance, English law supplies procedure and company law, and recognised customary law applies subject to the Bill of Rights.
Legal tradition
South Africa belongs to the mixed: roman-dutch civil law, english common law, customary law tradition. One of the world’s most instructive hybrid systems. Roman-Dutch private law supplies substance, English law supplies procedure and company law, and recognised customary law applies subject to the Bill of Rights.
How power is divided
Parliamentary executive with strong constitutional supremacy; the Constitutional Court may declare conduct of any branch invalid.
Where law comes from
- Constitution
- Supreme law; all other law and conduct must comply.
- Legislation
- Acts of Parliament, provincial acts and municipal by-laws.
- Common law
- Roman-Dutch and English precedent, developed to fit the Bill of Rights.
- Customary law
- Recognised as a distinct source under section 211.
- International law
- Must be considered when interpreting the Bill of Rights.
The legal profession
The Legal Practice Act 2014 unified regulation under the Legal Practice Council, retaining the attorney and advocate distinction.
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