Introduction

Question 1

Diagram that indicates the origin of SA law

Answer 1

1) Roman Law
2) Dutch Customary Law
3) Roman-Dutch Law
South African (1652)
English Law (1814)

Question 2

Sources of Law

Answer 2

AUTHORITATIVE:

1) Legislation
2) Customary Law
3) Old Authorities
4) Judgements

PERSUASIVE:

1) Foreign Law
2) Textbooks and law journals

Question 3

Courts in the Republic

Answer 3

SUPERIOR COURTS:
1) Unlimited Jurisdiction

LOWER COURTS:
2) Limited Jurisdiction

Question 4

Various Superior and Lower Courts

Answer 4

SUPERIOR COURTS:

1) Constitutional Court
2) Supreme Court of Appeal
3) High Court

LOWER COURTS:

1) Magistrates courts
2) Small claims courts

Question 5

Stare Decisis

Answer 5

means the decision stands

Question 6

Stare Decisis in action

Answer 6

1) Constitutional Court (CC)
- bound by own decisions

2) Supreme Court of Appeal (SCA)
- bound by decisions of CC
- bound by own decisions

3) Each High Court (HC)
3. 1 Full Bench (FB):
- bound by decisions of CC
- bound by decisions of SCA
- bound by own decisions

3. 2 Bench of two judges (B2J)
   - bound by decisions of CC
   - bound by decisions of SCA
   - bound by decisions of full bench
   - bound by own decisions
4. 3 Bench of single judge (BSJ)
   - bound by decisions of CC
   - bound by decisions of SCA
   - bound by decisions of FB
   - bound by decisions of B2J
   - bound by own decisions

4) Decisions of other divisions of the High Court
- divisions of the HC not bound by decisions
- but decisions have persuasive authority

5) Magistrates court
- bound by decisions of divisions of the HC in their area
- decisions of divisions of HC in other areas have persuasive authority

Question 7

Interpretation of Statutes

Answer 7

1) Statute requires interpretation
2) Constitutional principles (values)
3) General principles (language, context)
4) Interpretation Act (definitions)
The court pronounces on the purpose and interpretation of the statute.