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There are a large number and variety of statutes in South Africa—including Acts, ordinances, proclamations, by-laws, rules and regulations. [ 2 ] [ 7 ] As of 1993, statute law is to be found on all three levels of government ( national , provincial and local ), and as such affects every governmental sphere, and although generally referred to ...
The website at the time of this transition carried approximately 700 judgments from South Africa and Namibia. SAFLII is currently in operation from within the Department of Public Law at the University of Cape Town and has been there from December 2013. SAFLII became a member of the Free Access to Law Movement at the Law Via the Internet ...
South African constitutional law is the area of South African law relating to the interpretation and application of the Constitution of the Republic of South Africa by the country's courts. All laws of South Africa must conform with the Constitution; any laws inconsistent with the Constitution have no force or effect.
Countries (in pink) which share the mixed South African legal system. South Africa has a 'hybrid' or 'mixed' legal system, [1] formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which ...
Where the opinion is given by a foreign lawyer or foreign law firm it is usually referred to as a 'foreign legal opinion'. The latter form of opinion is sometimes made available to the public either because of public pressure (see for example Lord Goldsmith's opinion on the Iraq War , Yoo memo ), or because a general clarification of the law is ...
The façade of the Constitutional Court of South Africa. The South African judiciary has broad powers of judicial review under the Constitution of South Africa.Courts are empowered to pronounce on the legality and constitutionality of exercises of public power, including administrative action, executive action, and the passage of acts of Parliament.
The Constitutional Court held that the issue of whether socio-economic rights are justiciable at all in South Africa is put beyond question by the text of the Constitution as construed in the judgment Ex parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of South Africa. [6]
The drafting of legal documents such as contracts is different as, unlike in most other legal writing categories, it is common to use language and clauses that are derived from form books, legal opinions and other documents without attribution. Lawyers use forms documents when drafting documents such as contracts, wills, and judgments.