For an Introduction to South African Law, simply follow

our guide below:

1. What is the “law”?
2. Where can a person find the law?
3. How can LegalWise assist you?

1. What is the “law”?

 The law is a system of rules that determines how people must behave in a community.
 These rules are made, applied, and enforced by the Government. If these rules are not
followed, it will result in a sanction (punishment or penalty). One could say that the
purpose of the law is to bring about peace and order.
 There are different types of law, for example:
o Laws that tell you what to do, as well as how certain things should be done.
o Laws that regulate the relationship between the Government and the
community and there are laws that regulate the relationship between people in
the community. For example, criminal law and criminal procedure law;
constitutional law and family law.

2. Where can a person find the law?

 Common law.
 Legislation, also referred to as statutes or acts.
 Court cases, also referred to as court decisions, court judgments and judicial
precedents.
 Customary law.
 Work of modern authors, for example, legal books or articles. These are not binding
law, but the opinions of these authors can lead to certain judgments and amended
legislation.
 International law – if the law in South Africa does not deal with a specific matter,
foreign law may be used for guidance.

Common Law Legislation Court Cases Customary cases

 Common law  The Constitution  Court cases are  Custom is the 

finds its origin in of South Africa decisions made and unwritten part
Roman-Dutch directly recorded by courts. of South
law, and is also influences the Courts find the law, African law.
influenced by other sources of apply it and give  It refers to the
English law. law. It sets out judgments or orders habits of
 It is the basis of the structure of on it. communities,
our law and the Government.  Courts hear carried down
contains general  Legislation is disputes on or through time,
legal principles. subject to the breaches of the law, that eventually
 Most of our Constitution. for example civil or become law.
common law has  Legislation is criminal matters.  Custom is seen
been changed by passed by  Lower courts are as law only if
 legislation. Government always bound by the custom is
However, (Parliament in the decisions of reasonable; has
common law still particular) and higher courts. existed for a
applies, if signed by the  For example, a long time; is
legislation does President in Magistrate’s Court generally
not. order to be is bound to the recognised and
 For example, the binding. decisions of a High followed by the
common law  Legislation Court, a High Court community;
requirements of a binds the whole is bound to a and it does not
contract are: community. decision of the contradict an
 1. every contract  Examples of Supreme Court of existing rule of
must have an legislation are, Appeal, and the law. For
offer and the Consumer Supreme Court of example, not
acceptance; Protection Act Appeal is bound to casting for the
 2. there must be 68 of 2008 and the decisions of the same fish, if
an intention to the National Constitutional you are a
enter into a Credit Act 34 of Court. fisherman.
contract; 2005 (legislation  There are also  Indigenous law
 3. the persons to incorporates the special courts can be seen as
the contract must word “Act”). specific to an area a form of
have contractual of law. For customary law.
capacity; example, the It is the manner
 4.the contract Labour Court. in which many
must be possible  A legal practitioner, black
to perform; such as an attorney communities
 5. the purpose of or advocate, may live in, for
the contract must represent a person example,
be lawful; and in court (depending paying lobolo
 6. formalities on the type of or polygamy.
must be complied court) and provide a  It can be
with (for person with advice applied in
example, being in on the law for a fee. courts by
writing, or choice, as long
complying with as it is not
the requirements against public
of specific policy or the
legislation). Constitution.

3. How can LegalWise assist you?

Should you require an explanation or further clarification on this topic, please contact your
nearest LegalWise Branch, call, e-mail or WhatsApp us. For more information about our
membership options visit our legal services page or visit our join now page.