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The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in ...
Meanwhile, section 15(3) concerns South African family law and the possible codification of customary law in this area: it provides that legislation may be enacted to recognise "marriages concluded under any tradition, or a system of religious, personal or family law; or systems of personal and family law under any tradition, or adhered to by ...
South African Police Service v Solidarity obo Barnard is a 2014 decision of the Constitutional Court of South Africa. It marked the first time that the Constitutional Court considered the constitutionality of employment equity measures. In a majority judgment written by Justice Dikgang Moseneke, the court upheld as lawful a decision by the ...
Du Plessis and Others v De Klerk and Another is a 1996 decision of the Constitutional Court of South Africa. Though arising from a defamation case in the law of delict, it had broad significance for the application of the Interim Constitution both to pre-constitutional conduct and to private disputes. The majority judgment was written by Acting ...
Bhe and Others v Magistrate, Khayelitsha and Others; Shibi v Sithole and Others; SA Human Rights Commission and Another v President of the RSA and Another[1] was an important case in South African customary law. The case was heard in the Constitutional Court on 2 and 3 March 2004, with judgment handed down on 15 October.
The South African law of evidence forms part of the adjectival or procedural law of that country. It is based on English common law. There is no all-embracing statute governing the South African law of aspects: Various statutes govern various aspects of it, but the common law is the main source. The Constitution also features prominently.
Yacoob J. Ngcobo J (Langa concurring) S v Thebus and Another is a 2003 decision of the Constitutional Court of South Africa in the area of criminal law and criminal procedure. The court unanimously affirmed that the doctrine of common purpose was compatible with the Constitution, upholding two murder convictions on that basis.
The 1996 Constitution also still permits, however, in section 39(2) (as the Interim Constitution did in section 35(3)), indirect application of the Bill of Rights in horizontal cases. The presence of section 39(2), as Kentridge AJ stated, "prophetically," [ 28 ] in Du Plessis v De Klerk , "makes much of the vertical-horizontal debate irrelevant."