Law of South Africa

From Wikipedia, the free encyclopedia

South Africa has a number of sources of legislation and law. The primary sources of South Africa legislation were Roman-Dutch and English Common law, imports of Dutch settlements and British colonialism. Thus it is sometimes termed Anglo-Dutch law. Various lawmaking bodies have existed within South Africa over time. A useful site listing sources to use in exploring both legislation and other South African law is http://web.uct.ac.za/depts/hll/country/sthafrca.htm.

Contents 1 Sources of South African Legislation 1.1 Current sources of South African legislation (Beginning April 27, 1994) 2 Past sources of South Africa's laws 2.1 From 1961 until April 27 1994 2.2 May 31, 1910 until 1961 2.3 April 6, 1652 until 1910 2.4 Prior to April 6 1652 3 Laws of South Africa 3.1 Statute Law 4 References 5 See also

[edit] Sources of South African Legislation

[edit] Current sources of South African legislation (Beginning April 27, 1994)

• The National Assembly of South Africa produces national and secondary legislation, for application throughout South Africa's jurisdiction.
• The nine Provincial Legislatures of South Africa produce legislation and secondary legislation, applicable in the area of the relevant province.
• The hundreds of Local Government Councils produce legislation and secondary legislation, for application in the area of the relevant local government municipality.

In the post-apartheid era, beginning with the interim Constitution of South Africa Act, No. 200 of 1993 which came into force on April 27 1994, and the coming into force of the final Constitution of the Republic of South Africa Act, No. 108 of 1996, international law has increasingly been utilized to inform the development and interpretation of South African law.

[edit] Past sources of South Africa's laws

[edit] From 1961 until April 27 1994

Prior to the end of apartheid, ongoing and continuous attempts were made by that regime to segregate South Africans into race-based territorial areas.

To this end a number of race-based territorially defined entities (Bantustans), each to a more or less extent able to legislate their own fate, were carved out of the existing four Natal, Cape Province, Transvaal and Orange Free State provinces. These were:

• Bophuthatswana
• Ciskei
• Gazankulu
• KaNgwane
• KwaNdebele
• KwaZulu
• Lebowa
• QwaQwa
• Transkei
• Venda

Note that South Africa for some time "managed" Namibia (which was called "South West Africa" during that period) and legislation was devoted to increasing its control over that territory, and it was largely treated as if it was a fifth province.

The political regime for non-black people, that was put into place towards the end of this whole period, was called the "Tricameral Parliament" and consisted of the House of Assembly (for Whites), House of Representatives (for Coloureds) and the House of Delegates (for Indians).

[edit] May 31, 1910 until 1961

From the "union" of the Cape Colony, Natal, Transvaal and Orange Free State in 1910 as a dominion within the British Empire called the Union of South Africa, and prior to the formation of the same territory as the Republic of South Africa in 1961, much of English law was incorporated into or formed the basis of South African law. It and the Roman Dutch Law which held sway prior to this period forms the bedrock to which South Africa even now turns in its search for clarity in its law, and where there is a vacuum in its law.

[edit] April 6, 1652 until 1910

From the 6 April 1652 landing of the Dutch in the Cape of Good Hope, the spread of the Roman-Dutch legal system and its legislation and laws took increasing hold, holding sway until the Union of South Africa as a dominion of the British Empire was formed on 31 May 1910. Even after this and to date, wherever British law does not stand, Roman-Dutch law forms the bedrock to which South Africa turns in its search for clarity in its law.

[edit] Prior to April 6 1652

With no written history, and the failure of the successive Dutch, British and Apartheid regimes to record the laws of pre-colonial southern Africa, there is a dearth of information about these laws. However, the current South African legal regime recognises the importance of these and no doubt over time, traditional indigenous law will more and more flavour South African legislation and other law as it emerges, and in doing so will reveal its colours to researchers such as historians and anthropologists

[edit] Laws of South Africa

[edit] Statute Law

See South African Statutes and other Legislation for lists of South African Statutes.
Also see Acts Online- a free South African Legislation web site.

[edit] References

• Zimmermann, Reinhard and Visser, Daniel P. (1996) Southern Cross: Civil Law and Common Law in South Africa Clarendon Press, Oxford, ISBN 0198260873 ;
• Joubert, W. A. et al. (2004) The Law of South Africa LexisNexis Butterworths, Durban, South Africa, ISBN 0409004480 ;

[edit] See also

• Legal systems of the world