private law

Question 1

What does South African property law regulate?

Answer 1

The rights of people to use and control certain objects and assets

It governs relationships between people and their property, including rights and responsibilities.

Question 2

What are the formal functions of South African property law?

Answer 2

• Protects rights
• Manages competing interests
• Defines rights and actions
• Defines remedies
• Defines legal results

Question 3

What does the Constitution of South Africa’s property clause state?

Answer 3

No one can be deprived of their property without a law; property can only be expropriated for public purposes

Question 4

What types of rights are included in property law?

Answer 4

• Rights to corporeal and incorporeal things
• Real rights
• Personal rights

Question 5

Define descriptive rules in law.

Answer 5

Descriptive law describes how the world is, as opposed to how it should be

Question 6

What are prescriptive rules?

Answer 6

Rules that prescribe or regulate certain matters, particularly human conduct

Question 7

What does public law govern?

Answer 7

The relationships between the State and its various organs and the subjects of that State

Question 8

What is constitutional law?

Answer 8

That part of public law which governs the institution of the State and the functions of governmental organs

Question 9

What is administrative law?

Answer 9

Determines the functions of the executive power of the State and regulates the activities of State departments

Question 10

What does criminal law deal with?

Answer 10

Acts committed by subjects of a state that are contrary to societal interests and are not condoned by authorities

Question 11

Differentiate between substantive and formal criminal law.

Answer 11

• Substantive criminal law: Defines crimes and lays down sanctions
• Formal criminal law: Prescribes procedures for holding criminals accountable

Question 12

What does private law govern?

Answer 12

The relationships of the citizens of the State

Question 13

What is mercantile law?

Answer 13

A grouping of various branches of law relating to commerce and industry

Question 14

What is company law?

Answer 14

Law concerning artificial or juristic persons created as separate legal entities from their members

Question 15

What does immaterial property law protect?

Answer 15

Rights to immaterial creations of the mind, such as inventions or literary works

Question 16

Fill in the blank: A negotiable instrument is a document which shows an obligation to _______.

Answer 16

[put money or to deliver security for money]

Question 17

What happens to an insolvent person’s estate?

Answer 17

The estate is frozen and managed by a trustee to satisfy debts

Question 18

What is the purpose of insurance law?

Answer 18

To avoid financial loss and provide financial security for individuals or their beneficiaries

Question 19

What does the law of obligations govern?

Answer 19

The existence, transfer, and termination of legal claims and obligations

Question 20

List the ways obligations arise.

Answer 20

• Ex lege (by law)
• Ex Contractu (by agreement)
• Ex delicto (by delict)
• Unjust enrichment

Question 21

What is the law of succession?

Answer 21

Deals with the distribution of a person’s assets and liabilities after death

Question 22

What are the two parts of the law of succession?

Answer 22

• Testate succession
• Intestate succession

Question 23

What does the law of things regulate?

Answer 23

The coming into existence, substance, and termination of rights regarding corporeal objects

Question 24

Differentiate between movable and immovable things.

Answer 24

• Movable: Can be moved without damage
• Immovable: Cannot be moved without damage

Question 25

What is formal law also known as?

Answer 25

Adjective law

Question 26

What does civil procedure concern?

Answer 26

How evidence is collected and cases are prepared for trial

Question 27

What is the focus of criminal procedure?

Answer 27

Determining procedures for reporting, investigating crimes, and imposing punishments

Question 28

What does the law of evidence prescribe?

Answer 28

The manner in which evidence must be given regarding facts before the court

Question 29

What is the primary purpose of rules of procedure?

Answer 29

To enable defendants to know the case they have to defend and ensure fair trials

Question 30

What is the Constitutional Court?

Answer 30

The apex court in South Africa established in 1996, which hears constitutional matters

Question 31

How many judges are on the Constitutional Court?

Answer 31

11 judges, including a Chief Justice and a Deputy Chief Justice

Question 32

What is the role of the Appellate Division?

Answer 32

To decide appeals except in labour and competition matters

Question 33

What is required to appeal to the SCA?

Answer 33

Leave of the Constitutional Court is required to appeal directly from another court

Question 34

What is the role of the SCA?

Answer 34

The SCA decides appeals except in labour and competition matters.

Question 35

From which courts do appeals to the SCA originate?

Answer 35

Appeals to the SCA emanate from the High Court of South Africa or a court of a similar status to the High Court.

Question 36

Can any court change a decision made by the SCA?

Answer 36

Except for the Constitutional Court, no other court can change a decision of the SCA.

Question 37

How is the final decision of the SCA determined?

Answer 37

The final decision of the SCA is the one supported by most of the judges listening to the case.

Question 38

What happens if a judgement is not agreed to by a majority of judges in the SCA?

Answer 38

The matter is adjourned and recommenced afresh before a new court.

Question 39

Who determines the constitution of a new court in the SCA?

Answer 39

The President of the SCA determines the constitution of the new court.

Question 40

What does each Division of the High Court consist of?

Answer 40

Each Division consists of a Judge President, one or more Deputy Judges President, and judges.

Question 41

How is the number of judges in each Division of the High Court determined?

Answer 41

The number of judges is determined in accordance with prescribed criteria and approved by the President.

Question 42

What is the jurisdiction of each Division of the High Court?

Answer 42

Each Division has an area of jurisdiction that comprises any part of one or more provinces.

Question 43

What is the main seat of a Division?

Answer 43

The main seat is where the Division has its primary location and jurisdiction.

Question 44

Can the High Court sit elsewhere than the main or local seat?

Answer 44

Yes, the High Court may sit elsewhere as determined by the Judge President.

Question 45

What is a civil matter heard by a court of first instance presided over by?

Answer 45

A single judge.

Question 46

What happens if judges do not agree on a civil or criminal appeal?

Answer 46

A third judge will be added to hear the appeal.

Question 47

What are the exceptions to the High Court deciding constitutional matters?

Answer 47

The Constitutional Court may agree to hear the matter directly or an Act of Parliament may assign another court to hear it.

Question 48

What types of matters can the High Court decide?

Answer 48

* All persons residing or being in the Division * All causes arising and all offences triable within its area of jurisdiction * All other matters which it may legally recognise * Appeals from all Magistrates' Courts within the area of the Division * Review of the proceedings of Magistrates’ Courts

Question 49

What are the Magistrates’ Courts?

Answer 49

The Magistrates’ Courts are the district courts and the regional courts.

Question 50

What types of civil cases do district courts hear?

Answer 50

District courts hear limited types of civil cases but cannot deal with matters such as divorce or mental sanity.

Question 51

What is the monetary limit for district courts as of 27 March 2014?

Answer 51

District courts hear matters up to R200,000.

Question 52

What types of civil matters do the Magistrates Courts hear?

Answer 52

* Delivery or transfer of any property * Ejectment against the occupier of any premises or land * Matters arising from a mortgage bond * Matters arising out of a credit agreement * Claims for damages caused negligently

Question 53

What additional matters does a regional court hear?

Answer 53

* Nullity of a marriage or civil union * Divorces and ancillary matters * Matters in terms of the Recognition of Customary Marriages Act

Question 54

Who prosecutes criminal cases in the Magistrates’ Courts?

Answer 54

The State prosecutes people charged with breaking the law.

Question 55

What are the two groups of criminal courts?

Answer 55

* Regional Courts * District Courts

Question 56

What type of cases do Regional Courts deal with?

Answer 56

Serious cases such as murder, rape, armed robbery, and serious assault.

Question 57

What is the maximum fine a Regional Court can impose?

Answer 57

R600,000.

Question 58

What is the maximum term of imprisonment for common law offences in Regional Courts?

Answer 58

15 years.

Question 59

What is the maximum term of imprisonment in district courts for common law crimes?

Answer 59

3 years.

Question 60

What are some examples of specialized Magistrates Courts?

Answer 60

* Children’s courts * Commercial crime courts * Sexual offences courts

Question 61

What are the specialized courts mentioned?

Answer 61

* Competition Appeal Court * Electoral Court * Land Claims Court * Labour and Labour Appeal Court