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:
“... while the South is hardly Christ-centered, it is most certainly Christ-haunted.”
—Flannery O’Connor (1925–1964)
“All great religions, in order to escape absurdity, have to admit a dilution of agnosticism. It is only the savage, whether of the African bush or the American gospel tent, who pretends to know the will and intent of God exactly and completely.”
—H.L. (Henry Lewis)
“To be a Negro is to participate in a culture of poverty and fear that goes far deeper than any law for or against discrimination.... After the racist statutes are all struck down, after legal equality has been achieved in the schools and in the courts, there remains the profound institutionalized and abiding wrong that white America has worked on the Negro for so long.”
—Michael Harrington (1928–1989)