South African 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 also take into account their previous judgements in similar cases, because they are bound to the approach followed in the past. Previous judicial decisions therefore constitute law and the way in which the law was applied there is authoritative. The reason for this lies in the system of judicial precedent, also called the doctrine of stare decisis, which applies in South Africa. The application of the doctrine of precedent depends, among other things, on reported cases
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 that can pass legislation at the national level. There are also other bodies, that can pass subordinate legislation. These include the provincial legislatures which pass provincial acts and municipal councils which pass by laws. Legislation is a powerful source of law. In principle it binds the whole society.
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 Law (court decisions)
- Common Law
- Custom
- Old writers / authors
- Indigenous Law
South African Law
- Default
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