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, south, african and/or law:
“I don’t have any doubts that there will be a place for progressive white people in this country in the future. I think the paranoia common among white people is very unfounded. I have always organized my life so that I could focus on political work. That’s all I want to do, and that’s all that makes me happy.”
—Hettie V., South African white anti-apartheid activist and feminist. As quoted in Lives of Courage, ch. 21, by Diana E. H. Russell (1989)
“The Great South Beach of Long Island,... though wild and desolate, as it wants the bold bank,... possesses but half the grandeur of Cape Cod in my eyes, nor is the imagination contented with its southern aspect.”
—Henry David Thoreau (1817–1862)
“The treatment of African and African American culture in our education was no different from their treatment in Tarzan movies.”
—Ishmael Reed (b. 1938)
“It has often been a solid Grief to me, when I have reflected on this glorious Nation, which is the Scene of publick Happiness and Liberty, that there are still Crowds of private Tyrants, against whom there neither is any Law now in Being, nor can there be invented any by the Wit of Man. These cruel Men are ill-natured husbands.”
—Richard Steele (1672–1729)