Topic 3 - Sources of South African Law

Question 1

Uncodified legal system

Answer 1

There is not only one primary source where the law originates and can be found.

Question 2

Primary sources

Answer 2

Binding authority

Question 3

Secondary sources

Answer 3

Persuasive authority.

Assist us to understand the primary source.

Question 4

Constitutional law

Answer 4

Body of laws, principals, and rules that govern the framework and operation of the state.

This is South Africa’s primary source / supreme law.

Question 5

Repeal

Answer 5

Parliament decides to bring an existing piece of legislation to a end. They will pass a new statute that either expressly or implicitly repeals the old law.

Question 6

Judicial review

Answer 6

Someone challenges the law’s validity, often arguing that it conflicts with the constitution or infringes upon fundamental rights.

Question 7

Sunset clauses

Answer 7

Legislation that contains a clause stipulating that the legislation will stop being in effect on a particular date.