[2] “Researching South African Law” by Amanda Barratt and Pamela Snyman, March 2005. www.nyulawglobal.org/globalex/south_africa.htm Although courts may be guided by foreign law or legal textbooks and journals, these sources of law are not authoritative. The new South Africa shows few remnants of the apartheid regime, which can now be found carefully archived in museums, old legal reports and government newspapers or in the memoirs of former political prisoners. Perhaps the most important and important change was the dismantling of the legal edifice that allowed the apartheid regime to function so well. Thanks to a radical overhaul in 1994, an apartheid state was instantly transformed into a constitutional democracy [1]. Below you will find an overview of the sources of the law, the reformed legal system, the legal profession (which has remained unchanged despite the fact that a draft law on legal practitioners has been pending in Parliament for several years) and, finally, an overview of some controversial decisions of the Constitutional Court that illustrate the commitment of the judiciary to the new legal order. The socio-economic rights enshrined in the Bill of Rights have forced the Court to make difficult decisions and reflect on how to balance fundamental rights with limited state resources. In Government of the RSA v. Grootboom in 2000, the Court dealt with the right to housing provided for in the Bill of Rights. Ignored by the apartheid government, the acute housing shortage was a problem that the new government had to eliminate. The Court ordered the new Government, within available resources, to develop and implement a comprehensive programme for the progressive realization of the right of access to adequate housing.
This story brings us to the most important sources of contemporary law in South Africa. English law found its way into the South African legal system after the Cape was ceded to Britain after 1814. Much of this legal system was introduced gradually, such as the Code of Criminal Procedure of 1826 and the Evidence Act of 1830 as examples. At the end of the African continent is an Eldorado in the form of South Africa. Located at the southern tip of the continent, it`s no wonder that South Africa is often considered another African country. In fact, South Africa is outside of Africa (if you`ll pardon the pun) and is considered the Golden Dreamland, not only because of its supposed natural gold deposits, but also because of its history and liberation struggles, first led by Gandhi and later by Nelson Mandela. As a highly modernized and developed state, with a high quality of life, a rule of law based on the supremacy of a constitution and a bill of rights, natural beauty, endless coastline and Louis Vuitton or Christan Lacroix. It`s easy to believe why you might leave Africa! According to the study guides, after studying this section, I should be able to identify the sources of South African law. I should also understand the structure of the tribunals and be able to discuss the relationship between the different tribunals. Finally, I must recognize the difference between real and personal rights, and also identify and understand the different methods of transferring property. With the failure of indigenous peoples, as well as successive Dutch and British colonial governments, to grasp the laws of pre-colonial southern Africa, there is a lack of information about laws prior to the colonization of South Africa.
[ref. needed] However, the current South African legal system has recognised the importance of these courts and they have been integrated into the overall legal system, where they can function as district/municipal courts. [ref. The Constitutional Court, as the provider and guardian of the Constitution, is constantly concerned with how sensitive socio-economic and political legal issues can be recognized and implemented in the context of limited public resources to respect the rights of every citizen. Some examples are illustrated in the following cases. The modern Republic of South Africa comprises the four former provinces that became the Union of South Africa in 1910: two former British colonies (Natal and Cape Colony) and two former Boer republics (Transvaal and Orange Free State). The High Courts Act 10 of 2013, which came into force on 23 August 2013, established a single High Court in South Africa with various divisions formed under section six of the same Act. There are many of these divisions spread across the country. Some of these divisions are the Eastern Cape Division with its headquarters in Grahamstown, Bhisho, Mthatha and Port Elizabeth. The Free State Division based in Bloemfontein. The Gauteng division based in Pretoria, but also the Limpopo division based in Polokwane and so on. Each Chamber of the High Court shall have a Presiding Judge and one or more Vice-Presidents and an equal number of Judges and may be required according to such prescribed criteria as may be approved by the President.
The High Court has original jurisdiction and may hear any matter within its jurisdiction.