Glossary on ExcellentWiki - Legal Encyclopedia

Glossary of Constitutional Law Terms

Tue, 07 Jul 2026 00:00:00 +0000

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 Rights, and the structures of government established by the Constitution.

Key Terms

Justiciability: The capacity of a matter to be decided by a court. A matter is justiciable if it raises a legal dispute capable of judicial resolution. The Constitutional Court has held that most constitutional questions are justiciable, including questions about the exercise of executive power and the progressive realisation of socio-economic rights.

Glossary of Contract Law Terms

Tue, 07 Jul 2026 00:00:00 +0000

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 law influences.

Key Terms

Pacta Sunt Servanda: Latin for “agreements must be kept.” This is a fundamental principle of South African contract law, requiring that parties honour their contractual obligations. The Constitutional Court in Barkhuizen v Napier 2007 (5) SA 323 (CC) affirmed this principle while holding that it must be applied in light of constitutional values.

Glossary of Delict Law Terms

Tue, 07 Jul 2026 00:00:00 +0000

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 iniuriarum, and the action for pain and suffering forming the primary causes of action.

Key Terms

Damnum Iniuria Datum: Roman law term for loss wrongfully caused. This is the basis of the Aquilian action for patrimonial loss. The term encompasses both physical damage to property and pure economic loss.

Glossary of Criminal Law Terms

Tue, 07 Jul 2026 00:00:00 +0000

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 constitutional influence on criminal procedure.

Key Terms

Mens Rea: Latin for “guilty mind.” The mental element of a crime, encompassing intention (dolus) or negligence (culpa). Mens rea must coincide with the actus reus for criminal liability.

Actus Reus: Latin for “guilty act.” The physical element of a crime, consisting of a voluntary act or omission that causes a prohibited consequence. The actus reus must be voluntary and unlawful.

Glossary of Property Law Terms

Tue, 07 Jul 2026 00:00:00 +0000

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 constitutional influence particularly through the property clause (section 25) and land reform legislation.

Key Terms

Ownership: The most comprehensive real right that a person can have over property. Ownership confers the right to use, enjoy, and dispose of property, subject to legal limitations. Section 25 of the Constitution protects property rights while providing for expropriation in the public interest.

Glossary of Civil Procedure Terms

Tue, 07 Jul 2026 00:00:00 +0000

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 Uniform Rules of Court governing practice in the High Court.

Key Terms

Summons: A document initiating civil proceedings in the High Court. The summons sets out the plaintiff’s claim and informs the defendant of the proceedings. A simple summons is used for liquid claims, while a combined summons (with particulars of claim) is used for illiquid claims.