The South African Legal System

Question 1

The South African legal system, unlike Roman Law, is not codified. Explain the meaning of this statement

Answer 1

• South African law is not recorded in one comprehensive piece of legislation.
• It is drawn from various authoritative sources.
• It is the product of different sources.

Question 2

South African courts consist of superior and lower courts. List three officers that are found in the superior courts.

Answer 2

• A registrar (superior courts)
• A number of sheriffs (for each division of high court)
• A master’s office (in some divisions of th the high court)
• Advocates

Question 3

Fill in the missing words:

___________ is a social science; it has to provide for the changing needs of a developing community and consequently is inseparably bound up with the community it has to serve.

Answer 3

law

Question 4

Fill in the missing words:

The doctrine of ___________ literally means “the decisions stands”.

Answer 4

stare decisis

Question 5

Fill in the missing words:

Ownership is protected primarily by granting the owner the remedy known as the ___________ .

Answer 5

rei vindicatio

Question 6

Fill in the missing words:

A right of ___________ is a limited real right over the property of another, which confers on the holder of the right specific powers to use the property in a particular way.

Answer 6

servitude

Question 7

Fill in the missing words:

___________ is the most important example of a personal servitude.

Answer 7

Usufruct

Question 8

Briefly explain capacity to act

Answer 8

Capacity to act is the have the capacity to perform juristic acts

Question 9

Briefly explain legal capacity

Answer 9

Every legal subject, irrespective of whether he or she is a natural person (human being) or a juristic person (such as company), legally has the capacity to be the bearer of rights and duties

Question 10

Briefly explain civil or criminal liability

Answer 10

Is the competence to incur civil or criminal liability for wrongdoing

Question 11

The primary purpose when creating contracts is their fulfilment or discharge by due and proper
performance. Unfortunately, not all contracts end in this way. Where the intended result is not
achieved, because of the fault of one of the contracting parties, the party commits breach of
contract. (5)
Name FIVE different forms of breach of contract.

Answer 11

1) default by the debtor
2) default by the creditor
3) positive malperformance
4) repudiation
5) prevention of performance

Question 12

Name and briefly discuss the TWO methods through which ownership may be transferred. (4)

Answer 12

1) Original methods of acquiring ownership
- seizure or occupation (oldest method)
If one seizes property belonging to no-one with the intention of becoming its owner
- prescription
If s/he has possessed it openly as if s/he were its owner for an uninterrupted period of thirty years

2) Derivative methods of acquiring ownership
- movable property
Delivery of property (most common)
- immovable property
Registration of the transfer at a Deeds office is required

Question 13

Joe borrows R10 000 from Nick. They both agree that Nick will repay the loan in five equal
instalments over the following five months. At the end of the first month Joe pays R2000 and
refuses to pay any of the other instalments.
Indicate the period of prescription in respect of this debt. (1)

Answer 13

three years

Question 14

Prescription periods

Answer 14

1) thirty years for
- mortgage bond debt
- a judgement debt
- taxation debt
- debt owed to the state: share of profits, royalties, right to mine minerals/other substances

2) fifteen years for
- debt owed to the state: advancement or loan of money, a sale or lease of land,

3) six years for
- debt arising from a bill of exchange or other negotiable instrument or a notarial contract

4) three years for
- any other debt