CLA1501: STUDY UNITS 1 & 2

22 April 2021
Presenter: Leana
Diedericks

Microsoft
Teams
 HouseRules

• Mics muted;
• Video cameras off;
• Questions/ Engagement;
• Recording
 OUTLINE

1.STUDY UNIT 1: THE SOUTH AFRICAN LEGAL

SYSTEM

2.STUDY UNIT 2: INTRODUCTION TO THE

SCIENCE OF LAW
 STUDY UNIT 1: THE SOUTH AFRICAN
LEGAL SYSTEM

• LEARNING OUTCOMES
– distinguish between the origins and the sources of South African law
– identify the various courts in South Africa, as well as their functions,
jurisdiction and officers
– explain the operation and effect of the doctrine of stare decisis
– apply the various theoretical rules and methods used to interpret
statutes
– describe the contents and typical aspects of a court judgment
– differentiate between the ratio decidendi and an obiter dictum
 STUDY UNIT 1: THE SOUTH AFRICAN
LEGAL SYSTEM

1.1 ORIGINS OF THE LAW- Where does the

law come from?
• SA unique legal system rooted in
–Roman Law;
–Roman Dutch Law; and
–English Law
 STUDY UNIT 1: THE SOUTH AFRICAN
LEGAL SYSTEM

1. 2 SOURCES OF THE LAW- Where do we find the law?

• Six sources- divided into authoritative and persuasive sources

SOURCES OF THE LAW

AUTHORATIVE PERSUASIVE
1. Statute law/ Legislation 5. Foreign Law
2. Customary Law 6. Textbooks and Law Journals
3. Judgments
4. Old Authorities/ common
law
 STUDY UNIT 1: THE SOUTH AFRICAN
LEGAL SYSTEM
1. 3 THE COURTS IN THE REPUBLIC
• Divided into superior and lower courts

COURTS IN THE REPUBLIC

SUPERIOR COURTS (unlimited LOWER COURTS
jurisdiction) (limited jurisdiction)
1. Constitutional Court 4. Magistrates Courts
2. Supreme Court of Appeal 5. Small Claims Courts
3. High Court
 STUDY UNIT 1: THE SOUTH AFRICAN
LEGAL SYSTEM
1. 4 THE DOCTRINE OF STARE DECISIS
• Meaning: literally “the decision stands”
• Operation is determined by the hierarchy of the
courts
• Diagram illustration on page 15 of study guide

1. 5 INTERPRETATION OF STATUTES
• Sometimes court have to determine the meaning of a
word or phrase in an Act
 STUDY UNIT 1: THE SOUTH AFRICAN
LEGAL SYSTEM
1. 6 COURT JUDGMENTS
Ratio decidendi vs obiter dictum

• Ratio decidendi: literally “reason for the

decision”- binding and subject of doctrine of
stare decisis
• Obiter dictum: Incidental remark- non-binding,
but persuasive
 STUDY UNIT 2: THE SCIENCE OF LAW

LEARNING OUTCOMES
– define the term “law”
– differentiate between different divisions and subdivisions of law
– describe patrimonial law
– define the term “right” and give categories of rights
– describe a legal subject
– distinguish between two categories of legal subjects/persons
– define the term “delict”
– name and describe the grounds of justification
– discuss unjustified enrichment
 STUDY UNIT 2: THE SCIENCE OF LAW

LEARNING OUTCOMES
– define the term “law”
– differentiate between different divisions and subdivisions of law
– describe patrimonial law
– define the term “right” and give categories of rights
– describe a legal subject
– distinguish between two categories of legal subjects/persons
– define the term “delict”
– name and describe the grounds of justification
– discuss unjustified enrichment
 STUDY UNIT 2: THE SCIENCE OF LAW

Meaning of law
• Set of rules regulating relationships between people with each
other (private law) and people and the state (public law)
respectively;

• Private law vs Public Law (main division)

– Subdivisions
 STUDY UNIT 2: THE SCIENCE OF LAW

Introduction to the law of delict

• Definition:
Unlawful, culpable act whereby a person
(wrongdoer) causes the other party
(prejudiced) damage/ injury, and whereby
the prejudiced person is granted a right to
damages
 STUDY UNIT 2: THE SCIENCE OF LAW
Introduction to the law of delict
• Elements:
1. An act- voluntary human conduct
2. Unlawfulness- infringes rights of another;
grounds of justification?
3. Fault - intention or negligence
4. Causation- link between act and harm-
condition sine qua non /“but for” test
5. Harm- patrimonial vs impairment of personality
 STUDY UNIT 2: THE SCIENCE OF LAW
Introduction to the law of delict
• Remedies:
– Depends on the nature of the harm suffered:

 actio legis Aquiliae- Compensation for patrimonial

damage in the form of medical expenses

 action for pain and suffering- Compensation for

emotional shock