Unit 1: Introduction To The South African Legal System Flashcards
Define law, points of of SA law, sources of SA law, identify existing sources and potential new sources of SA law, understand the system of constitutional supremacy, explain what a constitutional supremacy comprises in regard to other different systema
criminal law deals generally with:
conduct that is considered harmful to social order in which the guilty party may either be imprisoned or fined.
civil law deals generally with:
the resolution of disputes between individuals or organisations in which a legal remedy (often monetary damages) is provided to the winning litigant
law implies:
people are given (and are willing to accept ) a system of rules and guidelines which are enforced through social interaction and which will govern behavior.
the purpose of the the law:
to regulate and mediate relationships between people
the oxford English dictionary defines the law as:
“the system of rules which a particular country or community recognises to regulate the actions of its members and which it may enforce by the imposition of penalties.
law can be made by the legislature (through legislation) by:
the executive branch of government who administer the law on a daily basis, and in doing so formulate decrees and regulations
the judiciary who create:
binding precedents; decided cases on a particular topic by judges in Courts which in turn bind fellow judges to adhere to those decisions.
the South African legal system developed from:
Roman Law
Introduction of the Constitution:
1996
The Constitution is:
the supreme law of the land
the purpose of the Constitution:
establish and safeguard a demographic society in which all citizens are declared free, equally protected by law and enjoy a protected quality of life based on fundamental human rights.
the Bill of Rights applies to :
every single person, every corporate entity, every elected official, all organs of state and every branch of government.
Number of rights contained in the bill of rights?
Two.
First generation rights
Second generation rights
First generation rights include:
the right to human dignity, the right to life, equality and freedom of religion, expression, freedom of movement and freedom to trade.
Second generation rights include:
the right to housing, healthcare, food, water and education
the Constitutional court functions largely as a Court of appeal, it does not hear evidence or question witnesses
the Court works with written arguments what are presented in order to expand on the issues that were raised before the original tribunal.
Customary Law:
develops as a series of rules that apply to a particular society or community and which are respected and adhered to by its constituents.
the Supreme Courts were created in terms of:
the Supreme Court Act 59 of 1959
The Magistrates Courts were created in terms of:
the Magistrates Court Act 32 of 1944 (which was recently amended)
South African Courts listed in their order of standing:
- The Constitutional Court
- The Supreme Court of Appeals
- The High Courts
- The Lower Courts
The Constitutional Court is seated:
in Johannesburg
The Supreme Court of Appeals:
the Court to which the High Court matters are appealed. it has its seat in Bloemfontein
The High Courts:
13 Higher Courts: can give judgment in all proceedings, applications for sequestration, applications for curator-ship, liquidations of a company, business rescue proceedings and the validity or interpretation of a Will.
the High Court has various officers (other than judges) whom assist in its duties:
the registrar, taxing masters, sheriffs and the Master’s Office.
The lower Courts:
Magistrates Courts,
The Small Claims Courts,
Customary Law/ Tribal Courts of Chiefs and Head-men
