contribution of English law to South African law; and the rule of law in South Africa
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contribution of English law to South African law; and the rule of law in South Africa by O. D. Schreiner

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Published by published under the auspices of the Hamlyn Trust [by] Stevens, Juta in London, Cape Town .
Written in English


  • Law -- South Africa -- History,
  • Rule of law -- South Africa

Book details:

Edition Notes

Statementby the Hon. O. D. Schreiner.
SeriesHamlyn lectures -- 19th ser.
The Physical Object
Paginationxii, 105 p.
Number of Pages105
ID Numbers
Open LibraryOL17731341M

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As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc. With the commencement in of the interim. law in South Africa. Modern South African law consists of a conglomeration of so-called transplanted laws made up of a mixture of Roman-Dutch law and English common law, as well as indigenous laws, referred to as customary law. In spite of customary law being the lawFile Size: KB. The principle of the rule of law Section 1 of the Constitution of the Republic of South Africa, (the ‘Constitution’) states that: ‘[t]he Republic of South Africa is one, sovereign, democratic state founded on the following values: (a) Human dignity, the achievement of equality and the advancement of human rights and freedoms. The single factor that will turn a vulnerable or destitute person into a victim of human trafficking is the basic absence of the Rule of Law. The Rule of Law is the concept that a functioning society needs an accessible, independent and transparent legal system, along with a set of laws that everyone, including the government, follows.

law, Political theory and the rule of law, Democracy, The rule of law and the role of the judiciary, The rule of law and justice, Adjudication and changing values, 3 The rule of law and justice under South Africa’s parliamentary sovereignty system, The rule of law and justice under colonial era, The rule of law and. T.W. BENNETT, A SOURCEBOOK OF AFRICAN CUSTOMARY LAW FOR SOUTHERN AFRICA ()); see also T.W. Bennett, The Compatibility of African Customary Law and Human Rights, AcTA JURID (discussing the role of customary law in South African legal reform). 3. the south african private law has been referred to as the constitutionalisation of this area of law as a general rule south africa follows english law in both criminal and civil procedure company law from amazons book store everyday low prices and free delivery on eligible orders african private law which is largely built. There cannot be rule of law without the carrying out of orders, so Q&A: The Rule of Law in South Africa 4 it is important for judiciaries to help each other in Africa; allied institutions must speak up when a particular judiciary is not acting independently.

  most aspects of South African private law. In , however, the Netherlands ceded the Cape to Britain, and English law was then imposed in all public and commercial matters.2 During the course of the nineteenth century, Roman-Dutch and English laws were merged gradually into a single legal system that has come to be. Whereas the reception and operation of English law in West and East Africa have been the subject of much study over the last few years, the introduction and application of Roman-Dutch law in Southern Africa (apart from South Africa itself) have received scant treatment. 1 This article deals only with the position in Lesotho and attempts to show the extent to which Lesotho's legal system is.   As the head of the only multilateral organization in the world exclusively devoted to advancing the rule of law and development, headquartered here in Rome and present in a number of African countries, I am honored to address the first Italy Africa Ministerial Conference. Though laws of segregation had been in place since the 19 th century, Hendrik Verwoerd’s government introduced crucial laws in the dispossession of blacks from their ancestral land. The era of Apartheid rule saw forced removals, migrant labour and the deprivation of basic human rights.