Legal System of South Africa

South Africa is located in Africa. It is geographically situated in southern africa, at the southern tip of the continent of africa. The country achieved independence on 31 may 1910 (union of south africa formed from four british colonies: cape colony, natal, transvaal, and orange free state); 22 august 1934 (status of the union act); 31 may 1961 (republic declared); 27 april 1994 (majority rule). The capital is Pretoria (administrative capital); Cape Town (legislative capital); Bloemfontein (judicial capital).

Government Overview

Government Type: parliamentary republic Chief of State: President Matamela Cyril RAMAPHOSA (since 19 June 2024) Head of Government: President Matamela Cyril RAMAPHOSA (since 19 June 2024) Cabinet: Cabinet appointed by the president Administrative Divisions: 9 provinces; Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape National Holiday: Freedom Day, 27 April (1994) Suffrage: 18 years of age; universal

Legal System

The legal system of South Africa is described as mixed system of Roman-Dutch civil law, English common law, and customary law International Law: has not submitted an ICJ jurisdiction declaration; accepts ICCt jurisdiction

Constitutional Framework

The constitution has the following history: several previous; latest drafted 8 May 1996, approved by the Constitutional Court 4 December 1996, effective 4 February 1997 Amendment Process: proposed by the National Assembly of Parliament; passage of amendments affecting constitutional sections on human rights and freedoms, non-racism and non-sexism, supremacy of the constitution, suffrage, the multi-party system of democratic government, and amendment procedures requires at least 75% majority vote of the Assembly, approval by at least six of the nine provinces represented in the National Council of Provinces, and assent of the president of the republic; passage of amendments affecting the Bill of Rights, and those related to provincial boundaries, powers, and authorities requires at least two-thirds majority vote of the Assembly, approval by at least six of the nine provinces represented in the National Council, and assent of the president

Judicial Branch

Highest Court(s): Supreme Court of Appeals (consists of the court president, deputy president, and 21 judges); Constitutional Court (consists of the chief and deputy chief justices and 9 judges) Judge Selection: Supreme Court of Appeals president and vice president appointed by the national president after consultation with the Judicial Services Commission (JSC), a 23-member body chaired by the chief justice; other Supreme Court judges appointed by the national president on the advice of the JSC and hold office until discharged from active service by an Act of Parliament; Constitutional Court chief and deputy chief justices appointed by the president of South Africa after consultation with the JSC and with heads of the National Assembly; other Constitutional Court judges appointed by the national president after consultation with the chief justice and leaders of the National Assembly; Constitutional Court judges serve 12-year nonrenewable terms or until age 70 Subordinate Courts: High Courts; Magistrates’ Courts; labor courts; land claims courts

Legislative Branch

The legislative structure consists of bicameral Lower Chamber: National Assembly (400 (all directly elected) seats) Electoral System (Lower Chamber): proportional representation Upper Chamber: National Council of Provinces

Citizenship and Suffrage

Citizenship by Birth: no Citizenship by Descent: at least one parent must be a citizen of South Africa Suffrage: 18 years of age; universal

Historical Background

Some of the earliest human remains in the fossil record were found in South Africa. By about A.D. 500, Bantu-speaking groups began settling into what is now northeastern South Africa, displacing Khoisan-speaking groups to the southwest. Dutch traders landed at the southern tip of present-day South Africa in 1652 and established a stopover point on the spice route between the Netherlands and the Far East, founding the city of Cape Town.

This article provides a summary of the legal system and governmental structure of South Africa based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.