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Indigenous Law

Many black communities live according to indigenous law, which also takes on the form of written or unwritten customary law. Indigenous law is applied in the ordinary courts. The Evidence Amendment Act, (Act 45 of 1988) stipulates that a court can take judicial notice of indigenous law, provided that it is not in conflict with the principles of public policy or natural justice. In some instances an expert will have to give testimony on the content of these rules. The Black Administration Act, 1927 constitutes a partial codification of the principles of indigenous law albeit in a distorted form. The Code of Zulu Law is an example of codified African Customary Law. Case law on African Customary law is also applied.

The big challenge facing democratic South Africa is to free indigenous law from the effects of colonial and apartheid domination and to develop a legal system that reflects the true values of a new democratic South Africa. The entire South African legal system and its sources must be re-examined critically. All law is being subjected to critical scrutiny to reflect the new constitutional order. The central values of the South African Constitution mainly democracy, equality, dignity and freedom require a fresh look at South African common law, indigenous law, and religious personal law so that the new South African legal system will reflect the plural nature of the South African society and put and end to South Africa's colonial and apartheid past in its legal system. The process of law reform has begun but is bound to be a long process.

South African Law

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South African Law

Human Rights Commission

Human Rights Commission
Sections 181 (1) and 184 of the Constitution make provision for the establishment of the Human Rights Commission. The Human Rights...
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Structure of the Courts

Structure of the Courts
Democratic South Africa inherited a system of courts that reflected an apartheid dispensation which provided for the Republic of South Africa and the four "independent" states or homelands (Transkei, Bophuthatswana,...
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Indigenous Law

Indigenous Law
Many black communities live according to indigenous law, which also takes on the form of written or unwritten customary law. Indigenous law is applied in the ordinary courts. The Evidence Amendment Act,...
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Common Law

Common Law
When a specific matter is not governed by legislation, common law usually applies. South African common law is mainly the 17th and 18th century Roman-Dutch law that was transplanted to the Cape. This forms...
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Customary Law

Customary Law
Customary law is generally unwritten law. It is fixed practices in accordance with which people live because they regard it as the law. Customary law therefore does not concern all customs or practices,...
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Case Law

Case Law
Courts are institutions that apply the law on daily basis. Judges and magistrates, like all lawyers consult legislation and rules of common law and custom applying to the particular case before them. Courts...
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Legislation

Legislation
Legislation is law laid down by an organ of the State which has the power to do so. These laws are embodied in writing and are known as statutes (or acts). In South Africa, Parliament is the highest organ...
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legal system

legal system
South Africa has an uncodified legal system. This means that there is not only one primary source where the law originates and can be found. South African law has more than one source: Legislation Case...
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