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 Year1652
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 Example Jurisdictions Primary Source of LawRoman-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 Connections
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 Wikidata: Arthur Chaskalson
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
Source S v Makwanyane and Another, Constitutional Court of South Africa Judgment (Refworld)
In the Other Atlases
- Also in Geography Atlas: Africa, found in there.
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 SourceJuriGlobe: Classification of Legal Systems (University of Ottawa)
University of Ottawa, Faculty of LawJuriGlobe, Classification of legal systems, Introductory RemarksQuote, 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)
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 Reader Challenges (0)
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