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Download Introduction to the law of South Africa by C. G. van der Merwe, Jacques E. du Plessis PDF

By C. G. van der Merwe, Jacques E. du Plessis

This name is a part of a longtime sequence which introduces a number of criminal platforms of the realm. It presents an authoritative and obtainable evaluation of the most branches of South African public, inner most and advertisement legislation. supplying perception into the wealthy method of South African legislations, this name may be of specific curiosity to the foreign felony group.

The South African felony process has not just constructed attention-grabbing combos of civil legislations and customary legislations ideas over greater than a century, yet has additionally skilled a post-apartheid South Africa. Of specific curiosity is the best way such a lot of branches of legislations were infused by means of simple constitutional values. the various participants have released paintings of their personal fields and feature enormous event of offering their material in a broader comparative point of view. The succinct and balanced nature of the contributions makes this identify appealing to a large viewers of lecturers, scholars and practitioners with an curiosity during this extraordinary felony system.

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37 S. 211(3) of the Constitution stipulates that 'the courts must apply customary law when that law is applicable, subject to the Constitution and any legislation that specifically deals with customary law'. W. , 1998) and C. Himonga & C. ' 2000 SALJ 306. Chapter 1. Introduction 19 spiritualising, humanistic and bonding values of Customary law. [It] . '39 III. A. Legal System Courts and Judiciary40 Section 166 of the Constitution provides for the following Courts: • the Constitutional Court; • the Supreme Court of Appeal; • the High Courts, including any High Court of Appeal that may be established by an Act of Parliament to hear appeals from High Courts; • the Magistrates' Courts, and • any other Court established or recognised in terms of an Act of Parliament, including any Court of a status similar to either the High Courts or the Magistrates' Courts.

Important steps were taken to reform and professionalise the legal system after the Cape was returned to the Netherlands in 1803. Judicial and administrative/executive institutions were separated more clearly, procedures were modernised and the legal profession was subjected to regulation. However, this period of reformist Dutch rule at the Cape turned out to be short-lived, for in 1806 Britain again occupied the Cape, which was permanently transferred to them by the Dutch in 1815. This second period of British rule soon led to more fundamental legal reforms, which eventually swept away the Cape's Dutch legal institutions, and some - but by no means all - of its Dutch laws.

3 It is a microcosm of South Africa's history, of the continuing impact thereof, and of varied hopes for a better future. Culturally, this legal system stands in the shadow of colonisation, anglicisation and globalisation. R. Hahlo & E. Kahn, The Union of South Africa: The Development of its Laws and Constitution (1960); R. P. Visser (eds), Southern Cross: Civil Law and Common Law in South Africa (1996); M. Chanock, The Making of South African Legal Culture 1902-1936: Fear, Favour and Prejudice (2001).

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