South-Africa
All articles tagged with jurisdiction: south-africa
Accountability and Chapter 9 Institutions
Introduction Accountability is a foundational value of the South African constitutional order, complementing the rule of law and democratic governance. The Constitution establishes several mechanisms …
Administrative Law in South Africa
Introduction South African administrative law governs the exercise of public power and the review of administrative action. It is foundational to the constitutional order, ensuring that all exercise …
Antitrust and Competition Law in South Africa
Introduction South African competition law, governed primarily by the Competition Act 89 of 1998, provides a comprehensive framework for regulating restrictive practices, abuse of dominance, and …
Appellate Procedure in South Africa
Introduction South African appellate procedure governs the process by which decisions of lower courts are challenged in higher courts. The appellate system is hierarchical, with the Constitutional …
Arbitration in South Africa
Introduction Arbitration in South Africa provides a well-established system for the resolution of disputes outside the traditional court system. Governed by the Arbitration Act 42 of 1965 for domestic …
Artificial Intelligence and Law in South Africa
Introduction The intersection of artificial intelligence (AI) and law in South Africa is an emerging field, shaped by existing legal frameworks, constitutional principles, and evolving policy …
Banking Law in South Africa
Introduction South African banking law governs the regulation, supervision, and operation of banks and financial institutions within a sophisticated regulatory framework. The legal architecture is …
Bhe v Magistrate Khayelitsha (Customary Law Succession)
Introduction Bhe v Magistrate Khayelitsha 2005 (1) SA 580 (CC) is a landmark judgment on the relationship between customary law and the Constitution, particularly the right to gender equality. The …
Chapter 9 Institutions
Introduction Chapter 9 of the Constitution establishes six independent institutions designed to strengthen constitutional democracy in South Africa. These institutions are independent, subject only to …
Civil Procedure in South Africa
Introduction South African civil procedure governs the process by which civil disputes are adjudicated in the courts. The primary sources are the Uniform Rules of Court (for the High Court), the …
Class Actions and Public Interest Litigation
Introduction Class actions and public interest litigation are important mechanisms for accessing justice in South Africa, particularly for groups whose individual claims may be too small to justify …
Colonial Legal Development
Introduction The colonial period in South African legal history (1806-1910) saw the consolidation of British control and the progressive introduction of English legal institutions and principles. The …
Constitutional Amendment Process
Introduction The Constitution of the Republic of South Africa, 1996, provides for its amendment by Act of Parliament, subject to special majorities. The amendment procedures are set out in section 74, …
Contract Law in South Africa
Introduction South African contract law is rooted in the Roman-Dutch legal tradition, enriched by English common law influences and transformed by the constitutional order. The law of contract governs …
Corporate Law in South Africa
Introduction South African corporate law is primarily governed by the Companies Act 71 of 2008, which replaced the outdated Companies Act 61 of 1973. The Act represents a modern, flexible approach to …
Courts and Judiciary in South Africa
Introduction The South African court system is a hierarchical structure established under Chapter 8 of the Constitution of the Republic of South Africa, 1996. It comprises the Constitutional Court, …
Criminal Law in South Africa
Introduction South African criminal law is a hybrid system combining common law crimes derived from Roman-Dutch law with statutory offences enacted by Parliament. The Criminal Procedure Act 51 of 1977 …
Criminal Procedure in South Africa
Introduction South African criminal procedure governs the investigation, prosecution, and adjudication of criminal offences. The primary legislation is the Criminal Procedure Act 51 of 1977 (CPA). The …
Customary Law
Introduction Customary law is recognised as a distinct legal system within the South African constitutional order. Section 211 of the Constitution provides that the institution, status, and role of …
Cyber Law in South Africa
Introduction South African cyber law encompasses the regulation of electronic communications, data protection, cybercrime, and digital transactions. The legal framework has developed significantly …
Early Legal History: Roman-Dutch Law Reception
Introduction The early legal history of South Africa begins with the reception of Roman-Dutch law following the establishment of a refreshment station at the Cape of Good Hope by the Dutch East India …
Economic Freedom Fighters v Speaker (Impeachment)
Introduction Economic Freedom Fighters v Speaker of the National Assembly 2016 (3) SA 580 (CC) is a landmark judgment on the powers of the Public Protector, the constitutional obligation of …
Energy Law in South Africa
Introduction South African energy law governs the generation, transmission, distribution, and regulation of energy resources. The sector is undergoing fundamental transformation, driven by the energy …
Environmental Law in South Africa
Introduction South African environmental law is built on a constitutional foundation, with section 24 of the Constitution guaranteeing the right to an environment that is not harmful to health or …
Executive Power
Introduction Executive power in South Africa is vested in the President, who is both Head of State and Head of the National Executive. Chapter 5 of the Constitution (sections 83 to 102) establishes …
Family Law in South Africa
Introduction South African family law is a dynamic and evolving field that regulates marriage, divorce, parental responsibilities, and children’s rights. The law has undergone fundamental …
Glossary of Civil Procedure Terms
Introduction This glossary provides definitions of key civil procedure terms in South African law. The terminology reflects the English common law origins of South African procedural law, with the …
Glossary of Constitutional Law Terms
Introduction This glossary provides definitions of key constitutional law terms used in South African legal practice. These terms are essential for understanding constitutional litigation, the Bill of …
Glossary of Contract Law Terms
Introduction This glossary provides definitions of key contract law terms in South African law. The terminology reflects the Roman-Dutch origins of South African contract law, with significant English …
Glossary of Criminal Law Terms
Introduction This glossary provides definitions of key criminal law and procedure terms in South African law. The terminology reflects the common law foundations of criminal law, with significant …
Glossary of Delict Law Terms
Introduction This glossary provides definitions of key delictual terms in South African law. The terminology reflects the Roman-Dutch origins of the law of delict, with the Aquilian action, actio …
Glossary of Property Law Terms
Introduction This glossary provides definitions of key property law terms in South African law. The terminology reflects the Roman-Dutch origins of South African property law, with significant …
Government of the RSA v Grootboom (Housing Rights)
Introduction Government of the Republic of South Africa v Grootboom 2001 (1) SA 46 (CC) is a landmark judgment on socio-economic rights under the South African Constitution. The case established the …
Human Rights Law in South Africa
Introduction Human rights law in South Africa is anchored in the Constitution of the Republic of South Africa, 1996, which contains a comprehensive Bill of Rights in Chapter 2. The Bill of Rights is …
Immigration Law in South Africa
Introduction South African immigration law governs the admission, residence, and removal of foreign nationals, as well as the acquisition and loss of citizenship. The primary legislation is the …
Insolvency Law in South Africa
Introduction South African insolvency law comprises two distinct regimes: the traditional sequestration and liquidation procedures under the Insolvency Act 24 of 1936, and the business rescue …
Intellectual Property Law in South Africa
Introduction South African intellectual property (IP) law protects creations of the mind, including inventions, literary and artistic works, designs, symbols, and names. The legal framework comprises …
International Criminal Law in South Africa
Introduction South Africa’s engagement with international criminal law reflects its commitment to international justice, rooted in the post-apartheid constitutional project. The Implementation …
International Trade Law in South Africa
Introduction South African international trade law governs the regulation of cross-border trade in goods and services, including customs duties, trade remedies, and trade agreements. The legal …
Judicial Appointment in South Africa
Introduction The appointment of judges in South Africa is governed by the Constitution and the Judicial Service Commission Act 9 of 1994. The Judicial Service Commission (JSC) plays a central role in …
Judicial Review
Introduction Judicial review in South Africa refers to the power of the courts to review the constitutionality and legality of legislative and executive action. The power is rooted in the supremacy …
Khosa v Minister of Social Development (Social Grants)
Introduction Khosa v Minister of Social Development 2004 (6) SA 505 (CC) is a landmark judgment on the right of permanent residents to access social grants. The case addressed the intersection of the …
Labour Law in South Africa
Introduction South African labour law is one of the most developed areas of the legal system, reflecting the central role of labour relations in the country’s history and constitutional …
Labour Procedure in South Africa
Introduction Labour procedure in South Africa governs the resolution of labour disputes through the specialised institutions established by the Labour Relations Act 66 of 1995 (LRA). The system …
Land Reform in South Africa
Introduction Land reform is one of the most pressing and complex legal issues in South Africa. The Constitution, through section 25, establishes a comprehensive framework for land reform while …
Law of Delict in South Africa
Introduction The South African law of delict (the equivalent of tort law in common law systems) governs civil liability for wrongful conduct causing harm. Rooted in Roman-Dutch law, the law of delict …
Law of Evidence in South Africa
Introduction The South African law of evidence governs the rules by which facts are proved in legal proceedings. The law is a hybrid system, drawing on English common law, Roman-Dutch procedural …
Legal Philosophy in South Africa
Introduction South African legal philosophy engages with fundamental questions about the nature, purpose, and operation of law within the unique context of a society transitioning from apartheid to …
Legal Theory in South Africa
Introduction South African legal theory encompasses the methodological approaches to constitutional interpretation, statutory interpretation, and judicial reasoning within the framework of the 1996 …
Legislative Power
Introduction Legislative power in South Africa is vested in Parliament, which consists of the National Assembly and the National Council of Provinces (NCOP). Chapter 4 of the Constitution (sections 42 …
Litigation Funding and Costs
Introduction Litigation funding and costs are critical issues in South African civil procedure, affecting access to justice and the conduct of litigation. The legal framework addresses contingency …
Maritime Law in South Africa
Introduction South African maritime law, or admiralty law, governs shipping, navigation, and commerce on the seas. The legal framework is built on the Admiralty Jurisdiction Regulation Act 105 of …
Media Law in South Africa
Introduction South African media law regulates the rights and responsibilities of the media, balancing freedom of expression with other constitutional rights including dignity, privacy, and equality. …
Medical Law in South Africa
Introduction South African medical law governs the relationship between healthcare providers and patients, the regulation of the health professions, and the delivery of healthcare services. The legal …
Military Law in South Africa
Introduction South African military law governs the organisation, discipline, and operations of the South African National Defence Force (SANDF). The legal framework is established by the …
Minister of Health v Treatment Action Campaign (HIV Medication)
Introduction Minister of Health v Treatment Action Campaign 2002 (5) SA 721 (CC) is a landmark judgment on the right of access to healthcare services under section 27 of the Constitution. The case …
Minister of Home Affairs v Fourie (Same-Sex Marriage)
Introduction Minister of Home Affairs v Fourie 2006 (1) SA 524 (CC) is a landmark judgment on the right to equality and the recognition of same-sex marriage in South Africa. The Constitutional Court …
Occupiers of 51 Olivia Road v City of Johannesburg (Evictions)
Introduction Occupiers of 51 Olivia Road, Berea Township and 197 Main Street, Johannesburg v City of Johannesburg 2008 (3) SA 208 (CC) is a landmark judgment on the right to housing and the prevention …
Overview of the 1996 Constitution
Introduction The Constitution of the Republic of South Africa, 1996, is the supreme law of the Republic. Adopted on 8 May 1996 and taking effect on 4 February 1997, the Constitution replaced the …
PAIA and POPIA: Access to Information and Data Protection
Introduction The Promotion of Access to Information Act 2 of 2000 (PAIA) and the Protection of Personal Information Act 4 of 2013 (POPIA) are complementary statutes that give effect to constitutional …
Property Law in South Africa
Introduction South African property law governs the relationship between persons and things, regulating the acquisition, enjoyment, and protection of rights in property. The field is rooted in …
Provincial Government
Introduction South Africa is a unitary state with nine provinces, each having its own provincial government. Chapter 6 of the Constitution (sections 103 to 150) establishes the provinces, provincial …
Rule of Law
Introduction The rule of law is a foundational value of the South African constitutional order, expressly recognised in section 1(c) of the Constitution as one of the founding provisions of the …
S v Makwanyane (Death Penalty Case)
Introduction S v Makwanyane 1995 (3) SA 391 (CC) is the first and one of the most important judgments of the Constitutional Court of South Africa. Delivered on 6 June 1995, the case declared the death …
Securities Law in South Africa
Introduction South African securities law regulates the trading of financial instruments, the conduct of market participants, and the integrity of financial markets. The legal framework is built on …
Separation of Powers
Introduction The separation of powers is a foundational principle of the South African constitutional order. The Constitution of the Republic of South Africa, 1996, establishes three branches of …
Socio-Economic Rights
Introduction Socio-economic rights are a distinctive feature of the South African Bill of Rights, reflecting the Constitution’s commitment to addressing the legacy of poverty and inequality. …
Sports Law in South Africa
Introduction Sports law in South Africa encompasses the regulation of sporting activities, the governance of sports organisations, and the resolution of sports disputes. The field has developed …
Tax Law in South Africa
Introduction South African tax law governs the imposition, assessment, and collection of taxes. The primary legislation includes the Income Tax Act 58 of 1962, the Value-Added Tax Act 89 of 1991, and …
The Apartheid Legal System (1948-1994)
Introduction The apartheid legal system (1948-1994) represents one of the most systematic uses of law to enforce racial discrimination and oppression in modern history. The National Party government …
The Bill of Rights
Introduction Chapter 2 of the Constitution (sections 7 to 39) contains the Bill of Rights, the cornerstone of South African democracy. The Bill of Rights enshrines the rights of all people in South …
The Companies Act 71 of 2008
Introduction The Companies Act 71 of 2008 is the primary legislation governing company law in South Africa. Effective from 1 May 2011, the Act replaced the Companies Act 61 of 1973. The 2008 Act …
The Competition Act 89 of 1998
Introduction The Competition Act 89 of 1998 is the primary legislation governing competition law in South Africa. The Act prohibits restrictive practices, abuse of dominance, and regulates mergers. It …
The Constitution of the Republic of South Africa, 1996
Introduction The Constitution of the Republic of South Africa, 1996, is the supreme law of the Republic. Adopted by the Constitutional Assembly on 8 May 1996, certified by the Constitutional Court on …
The Constitutional Court
Introduction The Constitutional Court of South Africa is the highest court in all constitutional matters and, since the Constitution Seventeenth Amendment Act of 2012, the Supreme Court of Appeal in …
The Constitutional Transition (1990-1996)
Introduction The constitutional transition of South Africa (1990-1996) represents one of the most remarkable legal and political transformations in modern history. The transition from apartheid to …
The Labour Relations Act 66 of 1995
Introduction The Labour Relations Act 66 of 1995 (LRA) is the primary legislation governing labour relations in South Africa. Enacted after the first democratic elections, the LRA replaced the …
The Legal Profession in South Africa
Introduction The legal profession in South Africa is regulated by the Legal Practice Act 28 of 2014, which established the Legal Practice Council (LPC) as the national regulatory body. The profession …
Traditional Leadership and Customary Law
Introduction The Constitution of the Republic of South Africa, 1996, recognises the institution of traditional leadership and the application of customary law. Section 211 provides that the …
Transformative Constitutionalism
Introduction Transformative constitutionalism is a foundational concept in South African legal theory, describing the project of using constitutional law to facilitate large-scale social change. The …
Ubuntu Jurisprudence
Introduction Ubuntu is a Nguni word that translates roughly to “humanness” or “personhood,” encapsulating the idea that individuals exist and are realised through their …