Is foreign law a source of law in South Africa?

What are the sources of law in South Africa?


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.

Is foreign law an authoritative source of law in South Africa?

Roman law and Roman-Dutch law are still direct sources of South African law. The body of law provided by the old authorities is known as the common law. … Foreign law is, however, only a persuasive source of law.

Is foreign law binding in South Africa?

Though foreign law is not binding on South African courts, it can still contribute to shaping and developing South African law – constitutional and human rights law, in particular. Everything depends on the manner in which a court resorts to foreign law, and what it does with the information it gleans from such law.

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What are the two sources of law in South Africa?

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

What are the 3 authoritative sources of South African law?

Judgements of the courts — commonly referred to as case law, the judgements of Dutch courts pre-1652, Cape Council of Justice pre-1827, courts of the four provinces pre-1910 and the judgements of the South African courts after 1910 are all authoritative sources of law.

What are the four main sources of law?

Primary sources of law are constitutions, statutes, regulations, and cases. Lawmaking powers are divided among three branches of government: executive; legislative; and judicial.

What is meant by foreign law?

Foreign law is the national law of a country other than the United States; the foreign law of a particular nation state defines the relationships within its borders.

What are the five sources of law?

The primary sources of law in the United States are the United States Constitution, state constitutions, federal and state statutes, common law, case law, and administrative law.

Which South African law that is unjust?

It prohibits unfair discrimination by the government and by private organisations and individuals and forbids hate speech and harassment.

Promotion of Equality and Prevention of Unfair Discrimination Act, 2000
Citation Act No. 4 of 2000
Territorial extent Republic of South Africa

What is foreign law in South Africa?

Foreign law is used to learn from the manner in which other judiciaries have approached similar constitutional problems, illustrate the distinctive functions of the South African system, and provide empirical information about the consequences of interpretive choices.

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How is international law a source of law?

Sources of international law include treaties, international customs, general widely recognized principles of law, the decisions of national and lower courts, and scholarly writings. They are the materials and processes out of which the rules and principles regulating the international community are developed.

What is the difference between international law and foreign law?

Foreign law involves the domestic laws of a foreign jurisdiction. International law has to do with the laws that regulate conduct between sovereign nations.