2.5. The role and place of public international law in South African law. (Reference to the SA Constitution, essential)
Public international law plays an important role in South African law, as it is recognized and incorporated into the legal framework of the country. The South African Constitution specifically mandates that international law forms part of the law of the country, and any international agreements that the country enters into must be observed and implemented.
According to Section 231 of the Constitution, the President has the authority to conclude international agreements on behalf of South Africa, but such agreements must be approved by Parliament in order to become binding. This demonstrates the importance of public international law in shaping the country's legal landscape.
Furthermore, the South African judiciary has also recognized the significance of international law in interpreting domestic laws. The Constitutional Court, the highest court in the country, has stated that international law can be used as a guide in interpreting and applying the Constitution, especially in cases where domestic laws may be in conflict with international obligations.
Overall, public international law plays a crucial role in South African law by influencing the development of domestic laws, providing a framework for international relations, and ensuring that the country complies with its international obligations.