Law Atlas

How The Law Decides
Sign In
Text size
100%
Theme
Legal System

South African Law

Also Known As Roman-Dutch South African Law · Law of South Africa
Mixed and Hybrid Legal Systems

South Africa has a hybrid or mixed legal system woven from several 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 African communities, with many variations depending on tribal origin. Since the end of apartheid the country has operated under constitutional supremacy, meaning every other source of law is subordinate to the Constitution of South Africa. English influence is strongest in criminal and civil procedure, company law, constitutional law and the law of evidence, while Roman Dutch common law governs contract law, the law of delict, the law of persons, the law of things and family law, and South African law, especially its civil and common law elements, also underlies the legal systems of Botswana, Eswatini, Lesotho, Namibia and Zimbabwe, introduced there during colonization. This description is adapted from Wikipedia contributors under CC BY-SA 4.0; changes were made. https://creativecommons.org/licenses/by-sa/4.0/

South African law is a mixed or hybrid legal system built from three inherited traditions: Roman-Dutch civil law from Dutch settlement at the Cape of Good Hope beginning in 1652, English common law from the British takeover of the Cape in 1806, and the customary law of indigenous African communities. The two colonial layers divide unevenly by subject: English law dominates criminal procedure, civil procedure, company law, constitutional law and the law of evidence, while Roman-Dutch law dominates the law of contract, the law of delict (the Roman-Dutch equivalent of tort), family law and property. The Union of South Africa formed as a British dominion in 1910; the post-apartheid Constitution of 1996 established constitutional supremacy over all three inherited traditions, with a Constitutional Court at the top of a hierarchical court structure, and gave customary law formal constitutional recognition alongside the common law. This description is adapted from Wikipedia contributors under CC BY-SA 4.0; changes were made. https://creativecommons.org/licenses/by-sa/4.0/

Facts
Disputed
Origin Year
1652
1652, Dutch settlement at the Cape of Good Hope that introduced Roman-Dutch law, is taken here as the origin of the civil law component; English common law layered on only after the 1806 British takeover of the Cape, and the system as a genuinely mixed one did not take its present shape until later still, so which date counts as origin depends on which layer is meant, the same choice already recorded for the origin year of civil law in this atlas.
Example Jurisdictions
South Africa 1
Example Jurisdictions
South Africa. 1
Primary Source of Law
Roman-Dutch civil law governing contract, delict, family law and property; English common law governing procedure, company law, constitutional law and evidence; and customary law, given formal recognition under the 1996 Constitution particularly in family, property and inheritance matters. 1
Classification
Legal Family
Mixed Legal System 1
South African Law
Filter Results4 entries
Connections

In Legal Family

Entity-backed identity for the legal family value this legal-system already carries as an enum fact, resolved to a legal-system entity by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The enum fact itself stays on the entity unchanged.

In Legal System

Named as one of the mixed-systems family, among its own worked examples (Roman-Dutch civil law, English common law and customary law blended in one jurisdiction).

Includes

Source Albert van der Sandt Centlivres (Wikipedia)
Albie Sachs, Jurists
Source Albie Sachs (Wikipedia)
Source Wikidata: Arthur Chaskalson
Source Bakone Justice Moloto (Wikipedia)
Source Bantu Education Act, 1953 (Wikipedia)
Bess Nkabinde, Jurists
Source Bess Nkabinde (Wikipedia)
Source Wikidata: Christoffel Brand
Source Dikgang Moseneke (Wikipedia)
Dire Tladi, Jurists
Source Wikidata: Dire Tladi
Source Dumisa Ntsebeza (Wikipedia)
Source Dunstan Mlambo (Wikipedia)
Edwin Cameron, Jurists
Source Wikidata: Edwin Cameron
Source Ernest Frederick Watermeyer (Wikipedia)
Source Frans Lourens Herman Rumpff (Wikipedia)
Source Henry Allan Fagan (Wikipedia)
Source Ismail Mahomed (Wikipedia)
Source Jacob de Villiers (Wikipedia)
Source Wikidata: James Rose Innes
Source James Stratford (Wikipedia)
Jody Kollapen, Jurists
Source Jody Kollapen (Wikipedia)
Source Johann Kriegler (Wikipedia)
Source Wikidata: John de Villiers, 1st Baron de Villiers
John Didcott, Jurists
Source John Didcott (Wikipedia)
John Dugard, Jurists
Source John Dugard (Wikipedia)
Source John Stephen Curlewis (Wikipedia)
Kate O'Regan, Jurists
Source Wikidata: Kate O'Regan
Source Laurie Ackermann (Wikipedia)
Source Wikidata: Lucas Cornelius Steyn
Mandisa Maya, Jurists
Source Wikidata: Mandisa Maya
Source Mbuyiseli Madlanga (Wikipedia)
Source Wikipedia: Mogoeng Mogoeng
Navi Pillay, Jurists
Source Wikipedia: Navi Pillay
Source Newton Ogilvie Thompson (Wikipedia)
Source Nicolaas Jacobus de Wet (Wikipedia)
Pius Langa, Jurists
Source Wikidata: Pius Langa

South Africa data protection statute, within South Africa own mixed Roman-Dutch and common law legal system.

Source Major Legal Systems in the World TodayRene David and John E.C. Brierley
Raymond Zondo, Jurists
Source Raymond Zondo (Wikipedia)
Source Richard Goldstone (Wikipedia)
Source Wikipedia: Sandile Ngcobo
Sisi Khampepe, Jurists
Source Sisi Khampepe (Wikipedia)
Source Steven Majiedt (Wikipedia)
Source Thembile Skweyiya (Wikipedia)
Source S v Makwanyane and Another, Constitutional Court of South Africa Judgment (Refworld)
Source William Henry Solomon (Wikipedia)
Source Wikipedia: Yvonne Mokgoro
Zak Yacoob, Jurists
Source Zak Yacoob (Wikipedia)
Zukisa Tshiqi, Jurists
Source Zukisa Tshiqi (Wikipedia)
In the Other Atlases
Sources
1. Law of South Africa (Wikipedia)
  • Wikipedia, Law of South Africa, Classification and Historical Development sections
    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
  • South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of civil law, common law and customary law
  • South Africa has a 'hybrid' or 'mixed' legal system
  • Introduction, jurisdictions using it
    South Africa has a 'hybrid' or 'mixed' legal system, formed by 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.
  • Duplicate-merge alias: Law of South Africa (w-law-legalsysdedupe-0928)
    Law of South Africa
View the Source
JuriGlobe: Classification of Legal Systems (University of Ottawa)
University of Ottawa, Faculty of LawJuriGlobe, Classification of legal systems, Introductory Remarks
Quote, JuriGlobe, Classification of legal systems, Introductory Remarks
not to a single system but to a combination of systems
View the Source
S v Makwanyane and Another, Constitutional Court of South Africa Judgment (Refworld)
Includes: Ubuntu JurisprudenceView the Source
Major Legal Systems in the World Today
Rene David and John E.C. Brierley, Stevens and Sons, 1985Includes: Protection of Personal Information Act (POPIA)
Wikidata: Arthur Chaskalson
Includes: Arthur Chaskalson, Arthur Chaskalson was President of the Constitutional Court of South Africa from 1994 to 2001 and Chief Justice of South Africa from 2001 to 2005. He was a member of the defence team in theView the Source
List of national legal systems (Wikipedia)
In Group: Civil and Common Law Hybrid Systems, Civil law and common law table: South Africa rowView the Source
Jody Kollapen (Wikipedia)
WikipediaIncludes: Jody Kollapen, Wikipedia lead sentence
Quote, Includes: Jody Kollapen, Wikipedia lead sentence
is a South African judge who joined the Constitutional Cou
View the Source
Albie Sachs (Wikipedia)
Includes: Albie Sachs, Wikipedia lead sentence
Quote, Includes: Albie Sachs, Wikipedia lead sentence
is a South African lawyer
View the Source
Wikipedia: Yvonne Mokgoro
Includes: Yvonne Mokgoro, Wikipedia lead sentence
Quote, Includes: Yvonne Mokgoro, Wikipedia lead sentence
was a South African jurist who served on the Constitutional
View the Source
Wikipedia: Sandile Ngcobo
Includes: Sandile Ngcobo, Wikipedia lead sentence
Quote, Includes: Sandile Ngcobo, Wikipedia lead sentence
is a retired South African judge who was the Chief Justice of Sout
View the Source
Wikipedia: Mogoeng Mogoeng
Includes: Mogoeng Mogoeng, Wikipedia lead sentence
Quote, Includes: Mogoeng Mogoeng, Wikipedia lead sentence
is a South African jurist who served as the Chief Justice
View the Source
Wikipedia: Navi Pillay
Includes: Navi Pillay, Wikipedia lead sentence
Quote, Includes: Navi Pillay, Wikipedia lead sentence
is a South African jurist who served as the United Nations
View the Source
Raymond Zondo (Wikipedia)
WikipediaIncludes: Raymond Zondo, Wikipedia lead sentence
Quote, Includes: Raymond Zondo, Wikipedia lead sentence
is a South African jurist who served as the Chief Justice
View the Source
Ismail Mahomed (Wikipedia)
WikipediaIncludes: Ismail Mahomed, Wikipedia lead sentence
Quote, Includes: Ismail Mahomed, Wikipedia lead sentence
was a South African lawyer and jurist who served as the fir
View the Source
John Dugard (Wikipedia)
WikipediaIncludes: John Dugard, Wikipedia lead sentence
Quote, Includes: John Dugard, Wikipedia lead sentence
is a South African professor of international law
View the Source
Dumisa Ntsebeza (Wikipedia)
WikipediaIncludes: Dumisa Ntsebeza, Wikipedia lead sentence
Quote, Includes: Dumisa Ntsebeza, Wikipedia lead sentence
is a South African lawyer and political activist
View the Source
Dikgang Moseneke (Wikipedia)
WikipediaIncludes: Dikgang Moseneke, Wikipedia lead sentence
Quote, Includes: Dikgang Moseneke, Wikipedia lead sentence
is a South African jurist and former Deputy Chief Justice
View the Source
Johann Kriegler (Wikipedia)
WikipediaIncludes: Johann Kriegler, Wikipedia lead sentence
Quote, Includes: Johann Kriegler, Wikipedia lead sentence
is a retired South African judge who served in the Constitutional
View the Source
Bess Nkabinde (Wikipedia)
WikipediaIncludes: Bess Nkabinde, Wikipedia lead sentence
Quote, Includes: Bess Nkabinde, Wikipedia lead sentence
is a South African retired judge who served in the Constit
View the Source
Bakone Justice Moloto (Wikipedia)
Includes: Bakone Justice Moloto, Wikipedia lead sentence
Quote, Includes: Bakone Justice Moloto, Wikipedia lead sentence
is a South African former lawyer
View the Source
Richard Goldstone (Wikipedia)
Includes: Richard Goldstone, Wikipedia lead sentence
Quote, Includes: Richard Goldstone, Wikipedia lead sentence
is a South African retired judge who served in the Constit
View the Source
John Stephen Curlewis (Wikipedia)
Includes: John Stephen Curlewis, Wikipedia lead sentence
Quote, Includes: John Stephen Curlewis, Wikipedia lead sentence
was a South African lawyer and judge who served as the Chie
View the Source
James Stratford (Wikipedia)
Includes: James Stratford, Wikipedia lead sentence
Quote, Includes: James Stratford, Wikipedia lead sentence
was a South African judge who briefly served as the Chief J
View the Source
Nicolaas Jacobus de Wet (Wikipedia)
Includes: Nicolaas Jacobus de Wet, Wikipedia lead sentence
Quote, Includes: Nicolaas Jacobus de Wet, Wikipedia lead sentence
was a South African politician
View the Source
Newton Ogilvie Thompson (Wikipedia)
Includes: Newton Ogilvie Thompson, Wikipedia lead sentence
Quote, Includes: Newton Ogilvie Thompson, Wikipedia lead sentence
was a South African jurist who served as the
View the Source
Dunstan Mlambo (Wikipedia)
Includes: Dunstan Mlambo, Wikipedia lead sentence
Quote, Includes: Dunstan Mlambo, Wikipedia lead sentence
is a South African judge serving as Deputy Chief Justice o
View the Source
Zukisa Tshiqi (Wikipedia)
Includes: Zukisa Tshiqi, Wikipedia lead sentence
Quote, Includes: Zukisa Tshiqi, Wikipedia lead sentence
is a South African judge of the Constitutional Court of So
View the Source
Steven Majiedt (Wikipedia)
Includes: Steven Majiedt, Wikipedia lead sentence
Quote, Includes: Steven Majiedt, Wikipedia lead sentence
is a South African judge of the Constitutional Court of So
View the Source
John Didcott (Wikipedia)
Includes: John Didcott, Wikipedia lead sentence
Quote, Includes: John Didcott, Wikipedia lead sentence
was a South African judge who served in the Constitutional
View the Source
Laurie Ackermann (Wikipedia)
Includes: Laurie Ackermann, Wikipedia lead sentence
Quote, Includes: Laurie Ackermann, Wikipedia lead sentence
was a South African judge who served on the Constitutional
View the Source
Zak Yacoob (Wikipedia)
Includes: Zak Yacoob, Wikipedia lead sentence
Quote, Includes: Zak Yacoob, Wikipedia lead sentence
is a retired South African judge who served in the Constitutional
View the Source
Thembile Skweyiya (Wikipedia)
Includes: Thembile Skweyiya, Wikipedia lead sentence
Quote, Includes: Thembile Skweyiya, Wikipedia lead sentence
was a South African lawyer and judge who served on the Cons
View the Source
Sisi Khampepe (Wikipedia)
Includes: Sisi Khampepe, Wikipedia lead sentence
Quote, Includes: Sisi Khampepe, Wikipedia lead sentence
is a retired South African judge who served in the Constitutional
View the Source
Mbuyiseli Madlanga (Wikipedia)
Includes: Mbuyiseli Madlanga, Wikipedia lead sentence
Quote, Includes: Mbuyiseli Madlanga, Wikipedia lead sentence
is a retired South African judge who served as a justice of the Co
View the Source
Wikidata: Dire Tladi
Includes: Dire Tladi, Wikipedia category: South African judges of United Nations courts and tribunalsView the Source
Wikidata: Mandisa Maya
Includes: Mandisa Maya, Wikipedia category: 21st-century South African women judgesView the Source
Wikidata: Pius Langa
Includes: Pius Langa, Wikipedia category: 21st-century South African judgesView the Source
Wikidata: Kate O'Regan
Includes: Kate O'Regan, Wikipedia category: 21st-century South African women judgesView the Source
Wikidata: Christoffel Brand
Includes: Christoffel Brand, Wikipedia category: South African juristsView the Source
Wikidata: John de Villiers, 1st Baron de Villiers
Includes: John de Villiers, 1st Baron de Villiers, Wikipedia category: 20th-century South African judgesView the Source
Wikidata: James Rose Innes
Includes: James Rose Innes, Wikipedia category: 20th-century South African judgesView the Source
Wikidata: Lucas Cornelius Steyn
Includes: Lucas Cornelius Steyn, Wikipedia category: 20th-century South African lawyersView the Source
Wikidata: Edwin Cameron
Includes: Edwin Cameron, Wikipedia category: South African LGBTQ lawyersView the Source
Bantu Education Act, 1953 (Wikipedia)
Includes: Bantu Education Act, 1953, Introduction
Quote, Includes: Bantu Education Act, 1953, Introduction
47 of 1953; later renamed the Black Education Act, 1953) was a South African segregation law of the apartheid system whose main purpose was to limit the educational opportunities of Black children in the country.
View the Source
Ernest Frederick Watermeyer (Wikipedia)
WikipediaIncludes: Ernest Frederick Watermeyer, Introduction
Quote, Includes: Ernest Frederick Watermeyer, Introduction
Ernest Frederick Watermeyer (12 October 1880-18 January 1958) was the Chief Justice of South Africa from 1943 to 1950.
View the Source
William Henry Solomon (Wikipedia)
Includes: William Henry Solomon, Introduction
Quote, Includes: William Henry Solomon, Introduction
Sir William Henry Solomon (25 September 1852-3 June 1930) was a judge of the Appellate Division from 1910 to 1929 and Chief Justice of South Africa from 1927 to 1929.
View the Source
Jacob de Villiers (Wikipedia)
Includes: Jacob de Villiers, Introduction
Quote, Includes: Jacob de Villiers, Introduction
Jacob Abraham Jeremy de Villiers (14 December 1868-16 September 1932) was a judge of the Appellate Division from 1920 to 1932 and Chief Justice of South Africa from 1929 to 1932.
View the Source
Albert van der Sandt Centlivres (Wikipedia)
Includes: Albert van der Sandt Centlivres, Introduction
Quote, Includes: Albert van der Sandt Centlivres, Introduction
Albert van der Sandt Centlivres (13 January 1887-19 September 1966), was the Chief Justice of South Africa from 1950 to 1957.
View the Source
Henry Allan Fagan (Wikipedia)
Includes: Henry Allan Fagan, Introduction
Quote, Includes: Henry Allan Fagan, Introduction
Henry Allan Fagan, QC (4 April 1889-6 December 1963) was the Chief Justice of South Africa from 1957 to 1959 and previously a Member of Parliament and the Minister of Native Affairs in J.
View the Source
Frans Lourens Herman Rumpff (Wikipedia)
Includes: Frans Lourens Herman Rumpff, Introduction
Quote, Includes: Frans Lourens Herman Rumpff, Introduction
Frans Lourens Herman Rumpff, (5 June 1912-4 April 1992) was the Chief Justice of South Africa from 1974 to 1982.
View the Source
Comments (0)
No comments yet. Be the first to share a thought.
Reader Challenges (0)
No disputes yet. Spotted an error or a better source? Open the first one.