what are the 2 sources of law found in South Africa
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Common law
Indigenous law
In South Africa, there are primarily two sources of law: legislation and common law.
1. Legislation: Legislation refers to laws that are promulgated by Parliament, provincial legislatures, or other legislative bodies. These laws take the form of Acts of Parliament, also known as statutes or legislation. The Constitution of South Africa is the supreme law of the land and serves as the foundation for all legislation in the country. Other examples of legislation include the Criminal Procedure Act, the Labour Relations Act, and the Consumer Protection Act. Legislation is typically drafted, debated, and passed by the legislative body before becoming enforceable.
To find legislation in South Africa, you can consult the official websites of various governmental institutions. The main website for South African legislation is www.acts.co.za. Here, you can search for acts, regulations, notices, and other legal documents by entering relevant keywords or browsing through the available categories or alphabetical listings. Websites of government departments, such as the Department of Justice and Constitutional Development, and the Parliament of South Africa, also provide access to specific legislation related to their areas of jurisdiction.
2. Common Law: Common law refers to legal principles and rules that have been formulated and developed through judicial decisions over time. In South Africa, the common law is derived from the Roman-Dutch legal system, which has influenced the country's legal framework. In some cases, common law principles may supplement or even override legislation. Common law evolves through the interpretation and application of legal principles by judges in various court cases.
To access common law in South Africa, legal databases and resources such as Juta Online, Sabinet, or Southern African Legal Information Institute (SAFLII) are recommended. These platforms provide access to court judgments from different levels of the judicial hierarchy, including the Constitutional Court, Supreme Court of Appeal, and High Courts. By searching for keywords, parties involved, or specific legal issues, users can find relevant cases and understand the common law principles derived from them.
Please note that legal research can be complex, and it is advisable to consult with qualified legal professionals or conduct further research for comprehensive and up-to-date information.