Which class does South African law serve?

The Republic of South Africa is a constitutional state, with a supreme Constitution and a Bill of Rights. All laws must be consistent with the Constitution. South Africa has a mixed legal system – a hybrid of Roman Dutch civilian law, English common law, customary law and religious personal law.

Does South African law allow class action?

The Constitution of the Republic of South Africa, 1996 (Constitution), provides the basis for class action jurisprudence in South Africa through Section 38(c) which provides that ‘anyone acting as a member of, or in the interests of, a group or class of persons’ has the right to approach a competent court to allege …

What is the main law of the country South Africa?

The Constitution is the supreme law

South Africa is a constitutional democracy. This means the Constitution is the highest law of the land.

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What are sources of law in South Africa?

SOURCES OF LAW

As South African Law has many sources ie. Common law, legislation or statutes, judicial precedent (court decisions), indigenous law, custom and legal academic writings, it is of practical importance for lawyers to be aware of these different sources which provide the key to the content of the law.

What are 5 types of laws?

Consult with the Law Careers Advising deans for more information.

  • Admiralty (Maritime) Law. …
  • Bankruptcy Law. …
  • Business (Corporate) Law. …
  • Civil Rights Law. …
  • Criminal Law. …
  • Entertainment Law. …
  • Environmental Law. …
  • Family Law.

Why are class actions allowed?

Put simply, the device allows courts to manage lawsuits that would otherwise be unmanageable if each class member (individuals who have suffered the same wrong at the hands of the defendant) were required to be joined in the lawsuit as a named plaintiff.

Is South Africa common law or civil law?

South Africa has a ‘hybrid’ or ‘mixed’ legal system, 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 …

What is the most important source of law in South Africa?

The Constitution of 1996 is the most important source of law in South Africa. The Constitution is the supreme law of South Africa and law, passed by Parliament, which offends the Constitution, is invalid. Secondly, custom is also recognised as a primary source of law.

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Who makes the law in South Africa?

Parliament is the national legislature (law-making body) of South Africa. As such, one of its major functions is to pass new laws, to amend existing laws, and to repeal or abolish (cancel) old laws.

What is the supreme law of South Africa?

The Constitution of the Republic of South Africa, 1996, was approved by the Constitutional Court (CC) on 4 December 1996 and took effect on 4 February 1997. The Constitution is the supreme law of the land. No other law or government action can supersede the provisions of the Constitution.

What are the two main kinds of sources of law in South Africa?

South African law has more than one source: Legislation. Case Law (court decisions) Common Law.

What is the purpose of law in South Africa?

The law is a system of rules that determines how people must behave in a community. These rules are made, applied, and enforced by the Government. If these rules are not followed, it will result in a sanction (punishment or penalty). One could say that the purpose of the law is to bring about peace and order.

What is a common law spouse entitled to in South Africa?

In South Africa no matter how long a couple may live together, the law does not recognise common-law marriages as being valid. Their cohabitation (living together) does not create any automatic legal rights and duties between them.

What are 10 good laws?

TOP 10 MOST IMPORTANT LAWS

  • #8 – THE US PATRIOT ACT (2001)
  • #1- Civil Rights Act (1964)
  • TOP 8 MOST IMPORTANT LAWS.
  • #6 – THE RECONSTRUCTION ACT (1867)
  • #2 – NO CHILD LEFT BEHIND (2001)
  • #4- THE GI BILL OF RIGHTS (1944)
  • #5 – Morrill Land-Grant Act (1862)
  • #7 – THE PENDLETON ACT (1883)
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What are the 7 types of law?

Terms in this set (7)

  • The Constitution. supreme body of laws that govern our country.
  • Statutory law. written or codified law such as legislative acts, declaring, commanding, or prohibiting something.
  • Common or Case Law. …
  • Civil Law (Private law) …
  • Criminal Law. …
  • Equity Law. …
  • Administrative Law.

Which type of law is best?

Here are 16 fruitful, promising areas of law for you to consider.

  1. Complex Litigation. This is an area of law that demands a lot of patience and incredible attention to detail. …
  2. Corporate Law. …
  3. Tax Law. …
  4. Intellectual Property. …
  5. Blockchain. …
  6. Healthcare. …
  7. Environmental. …
  8. Criminal.
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