South African Law
South Africa has a 'hybrid' or 'mixed' legal system, made of the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which there are many variations depending on the tribal origin). These traditions have had a complex interrelationship, with the English influence most apparent in procedural aspects of the legal system and methods of adjudication, and the Roman-Dutch influence most visible in its substantive private law. As a general rule, South Africa follows English law in both criminal and civil procedure, company law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc. With the commencement in 1994 of the interim Constitution, and in 1997 its replacement, the final Constitution, another strand has been added to this weave.
Besides South Africa itself, South African law, especially its civil law and common law elements, also forms the basis of the laws of Botswana, Lesotho, Namibia, Swaziland and Zimbabwe, having been introduced during the process of colonisation. Basutoland (Lesotho) received the law of the Cape Colony in 1884, and Bechuanaland (Botswana) and Southern Rhodesia (Zimbabwe) received it in 1891. Swaziland received the law of the Transvaal Colony in 1904, and South-West Africa (Namibia) received the law of the Cape Province in 1920, after its conquest by South Africa.
Read more about South African Law: Court System in South Africa, Specific Fields of Law, See Also
Famous quotes containing the words south, african and/or law:
“There were metal detectors on the staff-room doors and Hernandez usually had a drawer full of push-daggers, nunchuks, stun-guns, knucks, boot-knives, and whatever else the detectors had picked up. Like Friday morning at a South Miami high school.”
—William Gibson (b. 1948)
“The confirmation of Clarence Thomas, one of the most conservative voices to be added to the [Supreme] Court in recent memory, carries a sobering message for the African- American community.... As he begins to make his mark upon the lives of African Americans, we must acknowledge that his successful nomination is due in no small measure to the support he received from black Americans.”
—Kimberly Crenshaw (b. 1959)
“Lawyers are necessary in a community. Some of you ... take a different view; but as I am a member of that legal profession, or was at one time, and have only lost standing in it to become a politician, I still retain the pride of the profession. And I still insist that it is the law and the lawyer that make popular government under a written constitution and written statutes possible.”
—William Howard Taft (1857–1930)