Computer Literacy Legal Research - Study Guide - e - F - 1

STUDY
GUIDE
Table of Contents
Part 1: Organisational Component
1. Introduction
1.1 Welcome
1.2 Educational approach
1.3 Student responsibilities
2. Course Administration
2.1 Course coordinator and lecturer details
2.2 Prescribed textbooks, reading list and recommended additional reading material
3. Module information
3.1 Module purpose
3.2 Outcomes of the module
3.3 Module structure
4. Assessment
4.1 Assessment guideline
4.2 Assessment policy
4.3 Approach to tests and examinations
Part 2: Study component
Part 1: Organisational component
1.1 Welcome
Welcome to the first-year module, Computer Literacy (Legal Research). In the dynamic and ever-
evolving field of law, the ability to navigate and harness the vast sea of legal resources is not just
a skill, but a critical competency for every legal practitioner. This course is designed to equip you
with the knowledge and tools necessary to become a proficient legal researcher, enabling you to
identify the credibility of legal resources, select appropriate legal search engines, and conduct
independent research effectively across various platforms.
As the esteemed authors V. Tunkel and A. de W. Horak aptly stated, "The art of practicing law is
not to know all the answers, but to know where to find the answers." In essence, legal practice is
not just about possessing knowledge; it is about knowing how to locate and validate that
knowledge. To excel in this endeavour, you must possess the ability to select through the facts at
hand, define the problem at hand, and most importantly, locate the authority or written law that
substantiates your case. This course aims to impart these fundamental skills, serving as your
guiding light through the maze of legal information.
In the realm of law, information is distributed across various sources, both in print and electronic
formats, including common law, legislation, law reports, books, and encyclopaedias. Our mission
in this course is to empower you with the knowledge to not only comprehend these diverse sources
but also to navigate them adeptly.
We will elucidate the hierarchical structure of these sources, how they interrelate, where to find
them, and, most crucially, how to leverage them effectively in your legal research.
To facilitate your understanding of this complex landscape, we will use the analogy of primary
and secondary sources of law, offering you a clear mental picture of their roles and significance in
the legal research process. With this foundation, you will be better equipped to embark on your
legal research journey, finding the necessary information with confidence and precision.
As you embark on this course, remember that the power of legal practice lies not just in what you
know, but in your ability to access and apply knowledge effectively. Computer Literacy in Legal
Research will be your compass in this quest for legal information, ensuring that you have the skills
and insights needed to excel in your future legal endeavours.
1.2 Educational approach
You will attend three lectures a week, each with a time allocation of two hours each. During these
lectures, a formal presentation will be given on the relevant theoretical principles relevant to each
specific topic. Be reminded to ask questions, if any, after the formal presentation is given. Always
prepare before every lecture.
1.3 Student Responsibilities

Attend every lecture and tutorial, for the following reasons:
• Certain rules, concepts and principles will be discussed and explained by lecturers.
• You will learn to discern which aspects of the coursework are of importance and
should be paid attention to for purposes of assessment.
• Announcements regarding additional course material and administration of the
course will take place only in lectures or tutorials.
Absence from any lectures or tutorials shall not be used as an excuse to plead ignorance. You must
keep acquainted with all official updates and instructions.
Come to lectures prepared and on time. Respect your peers and treat the lecture and the lecturer
with respect – listen when your lecturer is speaking. All communication transpired between
students and academic staff, or lecturers must be professional and courteous.
2. Course Administration
2.1 Study material
2.1.1 Prescribed textbook (Recommended to purchase)

Take note that there will be no prescribed textbook, you will only make use of this study guide and
the information herein.
2.1.2 Case Law

Prescribed case law is listed under “source reference” in each study unit/theme within this study
guide.
Cases can be found in Law Reports.
Module information
3.1 Module purpose
The objective of Computer Literacy (Legal Research) is to empower law students with the
knowledge and skills needed to excel in the practice of law by becoming proficient, discerning,
and effective legal researchers. By doing so, participants will be better equipped to navigate the
complexities of the legal field, find the answers they seek, and substantiate their cases with
authority and precision, ensuring their success in the ever-evolving world of law.
3.2 Outcomes of the module

• Identify the credibility of legal resources.
• Successfully select appropriate legal search engines for research purposes.
• Demonstrate the ability to conduct independent research using various platforms.
3.3 Module structure

See Part 2 of the study guide
4. Assessments
4.1 Assessment guideline
The weighting of your assessments which will make up your semester mark, is broken down as
follows:
ICE TASK 1 : 30%

ICE TASK 2 : 30%
Examination : 40%
Please take note that the semester mark and the exam mark shall carry equal weight, in making up
for the final mark. To successfully pass this course, an average of 50% must be attained.
4.2 Assessment policy

All ICE Tasks and examinations written and submitted by students should be their own work.
4.3 Approach to tests and examinations

All information on assignments, tutorials, examinations as well as deferred extraordinary tests, can
be found on the Regenius portal.
The onus rests on the students to familiarise themselves beforehand with all information.
concerning tests, assignments, and examinations.
A semester mark of 40% is required for examination admittance.
PART 2: STUDY COMPONENT
OUTLINE OF THE MODULE
STUDY THEME 1: AN INTRODUCTION TO THE SOURCES OF LAW AND LEGAL

AUTHORITY
1.1 INTRODUCTION
1.2 DEFINING SOURCES OF LAW
1.3 SOURCES OF SOUTH AFRICAN LAW
1.4 SOURCES OF LAW AND ACCESS
STUDY THEME 2: ACCESSING LEGAL INFORMATION: WHERE AND HOW TO

FIND LEGAL INFORMATION
2.1 INTRODUCTION TO LOCATING LEGAL INFORMATION
2.2 LOCATING PRIMARY SOURCES
2.3 LOCATING SECONDARY SOURCES

STUDY THEME 1:
INTRODUCTION
STUDY UNIT 1.1: INTRODUCTION TO THE SOURCES OF LAW AND

LEGAL AUTHORITY
Welcome to this comprehensive study unit on the fundamental concept of "Sources of Law" in the
South African legal landscape. In the intricate tapestry of jurisprudence, understanding the sources
of law is akin to deciphering the architectural blueprints of a finely constructed building. Just as a
well-constructed house relies on carefully chosen building materials and blocks, the legal
framework of any society rests upon a carefully curated selection of legal sources.
As Black's Law Dictionary eloquently defines it, a source of law serves as "something that provides
authority, a point of origin for law or legal analysis."1 In essence, it is from these sources that the
law derives its force, validity, and relevance.2 The South African legal system operates under the
profound principle of the rule of law, where governance is inherently bound by legal principles
and applies to all members of society.3 Understanding and effectively utilising these sources of
law are not merely academic exercises; they are the cornerstone of legal practice and, by extension,
the proper functioning of society.
Throughout this study unit, we will delve into the multifaceted world of legal sources, exploring
the diverse range of South African legal authorities and their practical significance. Just as a well-
constructed house requires a precise selection and arrangement of building materials, so too does
the law rely on a meticulous assembly of sources. Together, these sources constitute the legal
authorities that lawyers work with to represent and advise members of society, ensuring that the
law is not only upheld but also applied judiciously.4
As we embark on this journey of discovery, remember that the law is not a static entity, but a
habitable structure continually maintained and reinforced by its sources. These sources of law are
the building blocks of our legal system, and a solid understanding of them is essential for anyone
navigating the intricate world of South African jurisprudence.5 So, let us begin our exploration of
the sources of law, unravelling the threads that weave the legal fabric of our society and providing
you with the knowledge and insights necessary for a successful and impactful legal career.
Source references:
1
Garner, B.A.(Ed.).2019. Black’s Law Dic-onary 11th ed, 1429.
2
Sangeeta. 2017. Analysis of law and sources of law. InternaBonal Journal of Law, 3:138 at 139.
3
IntroducBon to Law and Legal Skills in South Africa. 2nd EdiBon. Oxford. T Madlingozi et al.
4
5
T Madlingozi, TL Field, JB Naude, A Bellengere, C Bronkhorst, I De Villiers, A Du Plessis, W
Du Plessis, W Freedman, M Karels, J Klaaren, L Kotze, JM Coetzee, J Moore, T Padayachy, N
Raboshakga, S Sibanda & N Swanepoel Introduction to Law and Legal Skills in South Africa 2 ed
(2021) Oxford.
BA Garner Black’s Law Dictionary 11 ed (2019).
Sangeeta ‘Analysis of law and sources of law’ (2017) 3 International Journal of Law.
STUDY UNIT 1.2: DEFINING SOURCES OF LAW
The law as rules

The legal framework operates on a set of regulations, which, in its most basic form, consists of
authoritative principles designed to govern interactions within society.6 These rules dictate the
relationships between the government and individuals, among individuals, and between
individuals and their possessions.7 Similar to the moral guidelines found in religion, ethics, and
cultural values, the law serves as a tool for establishing and upholding justice, cooperation, peace,
development, and prosperity.8
In democratic societies, we understand that the law is essentially a collection of binding
agreements and rules established by society for its own governance.9 Yet, the origins of these rules,
their inherent capacity to regulate society, and the question of who possesses the authority to
formulate and enforce them remain complex and unresolved. Notably, not everyone within society
can be entrusted with the authority to create rules and enforce them as they see fit. Furthermore,
there is a query regarding the necessity of documenting and publishing these rules in written form,
or if they exist merely as verbal expressions.10
The process of formulating regulatory rules, as well as their storage and accessibility, is also a
matter of contemplation. How and where should these rules be stored, and how can they be readily
accessed by those they pertain to? Moreover, why is there a need to retrieve them after their
creation? Are these rules static, or do they undergo development, adaptation, or change over time?
If so, how does this evolution occur? It is important to acknowledge that the answers to these
inquiries, and even the formulation of these questions themselves, are contingent upon the specific
legal system in question.11
For instance, the Western legal system, introduced into South Africa, and the indigenous African
legal system may give rise to distinct questions and responses. As evident from the preceding
discourse, the law played a pivotal role in the colonisation of what is now South Africa, primarily
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influenced by developments in Europe, particularly the Netherlands and England, as well as in
colonial apartheid South Africa. Indigenous legal systems were subjected to the periphery in this
context.12
When drafting post-colonial constitutions, the decision was made not to overhaul the legal system
entirely but rather to align existing laws with the new Constitution on a case-by-case basis. The
decolonisation of the law movement stems from the acknowledgement of this historical reality.
The reasons for recognising sources of law
In order for the law to effectively serve its purpose in society, it is imperative that legal rules have
a clear and legitimate origin.13 To possess authority and legitimacy, these rules must be formulated
by individuals and institutions within society that have been designated for this purpose. For
instance, in South Africa, the process of lawmaking unfolds through the election of members of
Parliament every five years, resulting in the formation of a parliamentary body responsible for
crafting national legislation.14 It is expected that Parliament adheres to established procedures in
its legislative processes to ensure transparency.15 These aspects of lawmaking are aptly termed
"seeds of legitimacy" by Watson.16
Furthermore, legal rules must be expressed in a linguistic form, collected, stored, updated, or even
repealed as needed, and made accessible to benefit society as a whole. Recognising specific
sources of law serves several crucial purposes. Firstly, it informs us which institutions within
society possess the capacity to develop and enact prescriptive norms, transforming them into
authoritative legal rules. In modern democratic societies, the legitimacy of such rules hinges on
the mandate received from the majority of the people through democratic elections.17 The
lawmaking process must also be transparent, allowing members of society to provide input. This
transparency includes procedural safeguards and substantive content rules, as exemplified in the
Bill of Rights.18
Secondly, identifying the types of rules that hold legal authority within a particular society
contributes to legal certainty.19 Legal certainty, a vital aspect of the constitutional principle of the
rule of law, entails that the law should be reasonably accessible, clear, and predictable. Those
subject to the law must have a clear understanding of what the law entails, allowing them to
anticipate the consequences of their actions.20 The sources of law play a pivotal role in ensuring
that those responsible for making and enforcing the law, as well as those obligated to adhere to it,
comprehend its provisions. This, in turn, fosters an orderly, peaceful, and just society. Without
accessible and clearly defined sources of law, people would have little faith in a legal system
characterised by ad hoc and random rule-making.
12
13
IntroducBon to Law and Legal Skills in South Africa. 2nd EdiBon. Oxford. T Madlingozi et al
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Watson, A 1984. Sources of Law, Legal Change, and Ambiguity, xi.
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Thirdly, the recognised sources of law offer valuable insights into the content of the law.21 Some
sources directly convey what the law stipulates, while others provide explanations, discussions, or
critiques of the law. Primary sources encompass legal documents generated by institutions vested
with lawmaking authority22, such as parliament, provincial legislations, and court judgments.
Secondary sources, on the other hand, offer additional information about primary legal sources.
They are not legally binding but serve as supplementary reference material.23 Secondary sources
can be descriptive, explanatory, or evaluative, reflecting or critically analysing primary legal
sources. These sources may also provide detailed guidance for implementing the law, particularly
for civil servants.24
Lastly, sources of law serve as navigational tools, aiding in locating specific legal provisions when
needed. Legal materials are typically organised according to their source. For example, when
searching for a particular piece of legislation, one might refer to government gazettes published
regularly by the government communication and information system, consult statute books or
online resources, or utilise platforms like LexisNexis and Juta.25 In the case of the Constitution, all
constitutional provisions are conveniently compiled into one booklet, available in both print and
electronic formats.26
Source references:
(2021) Oxford.
A Watson Sources of Law, Legal Change, and Ambiguity (1984) 11.
STUDY UNIT 1.3: SOURCES OF SOUTH AFRICAN LAW
Understanding the sources of South African law begins with the exploration of the legal system's
codification status. To address this, we must determine whether South Africa operates under a
codified or uncodified legal framework. In their book, "An Introduction to Law," Du Plessis and
Hees define a codified legal system as one that has meticulously documented all its laws within a
comprehensive code or book, serving as the primary source of legal origin and knowledge.27 In
contrast, an uncodified legal system lacks such a systematic recording of its legal sources. Instead,
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D Plessis, L and Hees, A. 1999. An Introduc-on to Law 3rd ed, 75.
these sources are dispersed across various written and unwritten materials, encompassing
legislation, customary law, case law, and common law.28
South Africa is characterised by an uncodified legal system, primarily because its legal landscape
draws upon a diverse array of sources.29 These sources include the Constitution, statutes, judicial
precedents, customary law, common law, indigenous law, as well as international and foreign legal
principles. Unlike a codified system, South African law has not been consolidated into a single
comprehensive code or book, akin to the German Civil Code, but rather spans across multiple
sources, both written and unwritten.30 The Sources of South African Law are as follows:
PRIMARY SOURCES
1. Constitution
The paramount source of law in South Africa is undeniably the Constitution. Right from its
preamble and further elaborated in sections one and two, the Constitution explicitly asserts its
supremacy as the highest legal authority in the nation.31 Section 1(c) underscores the foundational
value of supremacy upon which the sovereignty of South Africa is established. These foundational
values, as enshrined in Section 1, hold the most elevated status within the Constitution's
provisions.32
The Constitution's supremacy manifests itself as a yardstick and standard against which all other
laws and conduct arising from these laws are assessed.33 Consequently, any law or conduct that
fails to meet the constitutional standards, as determined by the courts, is deemed unconstitutional
and thus invalidated. Therefore, the Constitution serves as the universal benchmark for all other
legal sources in South Africa.
Another noteworthy feature of constitutional supremacy is its acknowledgement and legitimisation
of other sources of law. For instance, the Constitution delineates the authority of legislation in
chapters four, six, and seven, in conjunction with schedules four and five.34 It also outlines the
authority of the judiciary in chapter eight. Sections 231 and 232 recognise international agreements
once they are domesticated, along with customary international law, as legally binding in the
Republic. Sections 8 and 39 acknowledge the presence and applicability of common law in the
Republic, and sections 39, 211, and 212 affirm the applicability and authority of African customary
law.35
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31
ConsBtuBon of the Republic of South Africa, 1996.
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ConsBtuBon of the Republic of South Africa.
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The practical implications of constitutional supremacy are discussed in chapter 5 of the
Constitution36. Besides serving as the constitutional standard, the Constitution serves as a direct
source of law. It establishes constitutional values, fundamental rights, and outlines the
organisation, operation, and powers of the government. These constitutional values and
fundamental rights confer entitlements upon individuals and impose obligations on both
individuals and government entities.37 Moreover, the Constitution provides the essential elements
of the state, including the three tiers of government - national, provincial, and local - and the
various branches of government - legislative, judicial, and executive.38
In its most fundamental form, the legislature enacts laws and exercises oversight over the
executive, which is responsible for implementing these laws and managing day-to-day societal
affairs. The judiciary, on the other hand, resolves disputes based on the law's interpretation,
adhering to the principles of the separation of powers or the (trias politica doctrine). This doctrine
ensures accountability and prevents the abuse of state power by allowing the different branches of
government to check and balance one another's exercise of authority.39
The Constitution also establishes a range of state institutions supporting constitutional democracy,
such as the Public Protector, the Human Rights Commission, the Auditor General, and the
Independent Electoral Commission, among others. It delves into subjects like public
administration, traditional leadership, security services, and finance. Furthermore, it contains
several schedules, with schedules four and five being particularly significant, delineating the areas
over which different tiers of government hold jurisdiction.40
As discussed in Chapter 2, both the interim and 1996 constitutions emerged as a result of
multiparty negotiations and were legislated by parliament. While the Interim Constitution was
enacted by the tricameral parliaments, the 1996 Constitution was enacted by a democratic
Parliament following the 1994 elections.41 Though initially designated as a specific Act of
Parliament under Act 108 of 1996, the Constitution later received the title "Constitution of the
Republic of South Africa, 1996" to reflect its distinct status as a source of law.
It is important to note that, despite its foundational nature and high status as a source of law, the
Constitution is subject to amendment. Parliament has amended the Constitution 17 times since its
inception. Amendments to the Constitution can only be made by the National Assembly with the
support of at least a two-thirds majority of its members. In the case of constitutional values in
section one, amendments require a majority of at least 75% of its members and the approval of at
least six provinces represented in the National Council of Provinces. An upcoming 18th
amendment aims to address changes to section 25 of the Constitution, specifically concerning the
expropriation of land and improvements for land reform without compensation.42
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The complete text of the Constitution is readily available in booklet format, and distributed by the
government at no cost. It is also widely accessible on the Internet. It is essential to ensure you are
using an updated copy that incorporates all amendments for accurate legal reference.
2. Legislation
Legislation, often referred to as statutes or acts, constitutes written legal rules formulated and
promulgated by the recognised legislative authority within a state. These statutes hold the power
to regulate a wide spectrum of human activities, as long as they fall within the legislative domain
established by the Constitution. In South Africa, statutes are enacted at three distinct levels:
national, provincial, and local.43
At the national level, statutes are crafted through a rigorous process defined by the Constitution,
involving the passage of bills by Parliament and subsequent presidential assent. It is noteworthy
that while Parliament passes statutes, the initiative often originates from various ministries within
the government's executive branch. This is because the executive is responsible for implementing
and administering laws on a day-to-day basis, making them well-suited to identify gaps in existing
legislation or propose new laws.44
National legislation encompasses amendments, schedules, regulations, and other forms of
secondary legislation.45 Secondary legislation, which includes regulations, is authorised by
primary legislation, i.e., acts of parliament. Secondary legislation primarily contains details
essential for implementing the purpose of the Act.46
Provincial legislation operates under the authority of provincial legislatures in each of South
Africa's nine provinces.47 Provincial legislatures can pass legislation on matters within the
functional areas listed in schedules 4 and 5 of the Constitution.48 These areas include disaster
management, housing, and urban and rural development, among others. Provincial legislation must
align with the constitution.49
By-laws, on the other hand, pertain to legislation enacted by municipal councils and are legally
binding within the municipality's jurisdiction.50 Municipalities are empowered by the Constitution
to create and administer bylaws concerning various aspects of local governance, such as electricity
provision, public health services, and control of public nuisances.
The division of legislative authority is governed by schedules 4 and 5 of the Constitution.51 These
schedules dictate which matters can be legislated upon by both national and provincial authorities,
exclusively by provincial authorities, or solely by national authorities.52 Local authorities are also
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granted the power to pass by-laws within specific functional areas, but they can be monitored and
supported by the national and provincial spheres.
Interpreting legislative provisions is not always straightforward, as their meanings can vary based
on the specific circumstances of a case. To address this, South African law provides rules and
guidelines for interpreting statutes, ensuring that the intent and application of the law are
determined on a case-by-case basis.
Understanding the hierarchy and functions of legislation is crucial for legal practitioners, as it
forms the backbone of the legal system and shapes the framework within which legal matters are
addressed in South Africa.
3. Judicial Precedent
Judicial precedent, often referred to as case law, is a vital source of law in South Africa, established
through the decisions of the country's judicial authority, which includes the courts and the
judiciary. While legislative authority is responsible for crafting legal rules in the form of statutes,
the judiciary's role is to adjudicate legal disputes arising from statutes and other sources of law,
ultimately delivering judgments that clarify the law's application.
Legal disputes can emerge when opposing parties interpret statutory provisions differently or when
they disagree on the application of the law. In such instances, the courts, as the principal
interpreters of the law, are tasked with determining the correct interpretation. The court's ruling
becomes legally binding on the parties involved and includes a legal analysis that aids in
interpreting the law.53 Therefore, judicial precedent, or case law, is regarded as a source of law
and is often referred to as judicial lawmaking.54
In addition to resolving disputes, courts also play a role in establishing facts and determining if
one party has been adversely affected by another party's actions. Courts also assist in balancing
competing legal interests when multiple parties assert rights. For example, disputes may arise
between a community claiming land access rights and a mining company asserting prospecting
rights on the same land. Courts can intervene to decide the respective entitlements, rights, and
claims of each party.
However, the primary function of courts is to resolve conflicts and legal questions in society. While
this does not inherently create or shape primary sources of law, courts contribute to these sources
through the doctrine of judicial precedent, also known as stare decisis, which means "to stand by
previous decisions."55 According to this rule, when a court hears a case, it must consider prior
judgments involving similar facts and legal questions. Unless materially incorrect, these previous
judgments create binding laws, and courts must adhere to them when deciding current cases.
The rules governing judicial precedent dictate that higher courts' decisions bind lower courts,
ensuring consistency in legal interpretation and application. Notably, judicial precedent arises from
court judgments and does not develop in every case heard by the courts. Lower courts, such as
53
Terblanche, S. S. (2019). IntroducBon to South African Law and Legal Theory. Oxford University Press Southern
Africa.
54
Du Plessis, J., & Hees, F. (2021). An IntroducBon to Law. Juta and Company Ltd.
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Du Plessis, J., & Hees, F. (2021). An IntroducBon to Law. Juta and Company Ltd.
regional and district magistrates' courts, do not establish judicial precedent as they are not courts
of record. Additionally, high courts are bound by the precedent set by the Supreme Court of
Appeal, while all South African courts are bound by the Constitutional Court's precedent.
Judges are tasked with adjudicating cases, and not all cases involve disputes about the
interpretation of the law. In many instances, judges apply existing legal rules without developing
new interpretations or rules. Some judgments may be marked as "not reportable," meaning they
are not included in official law reports. However, even unreported cases can serve as judicial
precedent under specific circumstances.
When the law does not precisely fit the facts of a case, different arguments may arise regarding its
application. In such instances, courts may interpret the law in a manner that either broadens or
narrows its scope to align with the case's context. These interpretations create new precedent,
reported and documented as part of case law. Law reports, such as the South African Law Reports
(SALR), All South African Law Reports, and platforms like The Southern African Legal
Information Institute (SAFLII), are essential for the publication and dissemination of judgments
across various court levels.56
Each case receives a unique citation to distinguish it from others, aiding readers in locating the
judgment within specific law reports. Courts have adopted neutral citations, such as the ones used
by SAFLII,57 for all reported judgments, ensuring consistent referencing across different court
divisions and levels. Legal citations primarily serve as signposts directing readers to the exact
location of judgments within law reports.58
4. International, foreign and regional law

International law encompasses a body of legal principles collectively established by numerous
countries on a global scale. It serves to regulate supranational matters that extend beyond the
jurisdiction of any single state.59 Entities like the United Nations (UN) and the African Union
facilitate international cooperation among nations, leading to the creation of legal rules that define
the rights and responsibilities governing interactions between states. These issues encompass a
wide array of topics, including human rights, environmental protection, humanitarian aid, public
health, nuclear disarmament, maritime jurisdiction, and international trade.60
Distinguishing international law from national or domestic law is crucial. Unlike domestic laws,
which are formulated by individual countries and apply exclusively within their respective
territories, international law holds a transnational scope.61 It exerts tangible influence on the
domestic legal systems of countries, particularly when it mandates legal reforms to align with
international standards and imposes obligations on states. Consequently, states tend to incorporate
international norms into their legal frameworks, implementing and applying international law
domestically.
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South African Law Reports (SALR).
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South African Legal InformaBon InsBtute.
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The United Nations, headquartered in New York, USA, plays a central role in shaping international
legal norms, primarily through treaties and conventions.62 When a nation signs and ratifies a treaty,
it becomes legally bound by the treaty's provisions. Additionally, the UN often adopts protocols
linked to conventions to enhance and update their implementation. International law also
establishes global institutions responsible for enforcing treaties, such as the UN Human Rights
Committee, the International Court of Justice, and the International Criminal Court.63
Beyond the UN, various regional organisations, including the African Union, the Southern African
Development Community (SADC), and the European Union, contribute significantly to the
development of regional laws. These entities represent member states within specific geographic
regions and possess legislative authority. For instance, the African Union has formulated the
African Charter on Human and Peoples' Rights, which binds African nations that have both signed
and ratified it. Similarly, SADC has established various protocols that obligate signatory countries.
International customary law represents another vital source of international law. It encompasses
unwritten customs that states support and adhere to as if they were written laws. A prime example
is the customary prohibition against crimes against humanity, which includes acts like apartheid
and torture. Unlike formal treaties, customary international law does not necessitate drafting or
signing documents. It emerges as a legal rule when consistent practice among nations worldwide
is accepted as having the binding force of law.64
In the context of South African law, international treaties are incorporated into national law
through legislation, as outlined in sections 231 to 233 of the Constitution.65 Customary
international law, on the other hand, automatically forms part of South African law unless it
conflicts with the Constitution or a domestic statute, per section 232 of the Constitution.66 When
interpreting legislation, courts are obligated by section 233 to favour interpretations that align with
international law over interpretations that conflict with it.67 Section 39 of the Constitution, which
is part of the Bill of Rights, also mandates that courts consider international law and may take
foreign law into account when interpreting rights-related issues.68 Consequently, international law
wields a direct influence on South African law by impacting both legislative processes and judicial
decisions, including the formation of judicial precedent.
5. Common Law
The South African legal system bears substantial influence from the Roman-Dutch law of the 17th
and 18th centuries, with added English law elements introduced through European conquest and
colonialism.69 Common law, rooted in these historical underpinnings, has significantly shaped
contemporary fields like contracts, delicts, property, and criminal law in South Africa.70 Despite
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h^ps://www.unbonn.org/un-duty-staBons
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its historical significance, both legislative and judicial authorities possess the capacity to modify
common law on specific matters, either through the enactment of new statutes or the issuance of
binding judgments that may deviate significantly from the original common law principles.71
The ongoing reinterpretation and adaptation of common law have given rise to what we now know
as South African common law. Today, we speak of South African common law, a legal framework
that melds the foundations of Roman-Dutch law and English common law. In South Africa, a
substantial portion of common law is derived from judicial precedents, underscoring the
intertwined relationship between common law and legal judgments.72 It is vital to recognise that
when legislation does not comprehensively address a particular issue or does so inadequately,
recourse to common law remains an option.
It is essential to dispel the misconception that legislation and common law operate in isolation.
While legislation can amend or alter common law positions, numerous common law principles
have been incorporated into South African statutes over time.73 For instance, the Promotion of
Administrative Justice Act74 incorporates common law rules like the Audi alteram partem
principle. In specific situations, particularly when no rules in case law or legislation directly
address a legal issue, referring to original common law sources may be necessary to determine the
applicable legal principles. Therefore, the works of historical legal authorities like Hugo De Groot,
Arnoldius Vinnius, Simon Van Groenewegen, and Johannes Voet, among others, continue to hold
authoritative status in South African law, serving as sources of common law rules.75
Notably, common law holds the status of a source of law, and the authority of courts to apply and
develop it is enshrined in the South African Constitution.76 Sections 8 and 39 of the Constitution
impose an obligation on South African courts to apply and, when necessary, evolve common law
in alignment with constitutional provisions, particularly those within the Bill of Rights.77 Section
39(3) underscores the applicability of rights and freedoms within existing common law, provided
they do not conflict with the Constitution or any existing legislation.78 The development of
common law may be prompted by evolving societal conditions, changing values, and
contemporary legal requirements. The Constitution positions legislation, common law, and
customary law as sources of law, with common law and customary law enjoying similar
recognition in the legal hierarchy.
6. Custom
Customary law evolves over an extended period when a particular form of behaviour within a
society gradually transforms into an established rule of custom.79 This transformation occurs when
a community consistently and widely adopts a specific custom, viewing it as having the weight of
71
72
73
74
PromoBon of AdministraBve JusBce Act 3 of 2000.
75
76
77
ConsBtuBon of the Republic of South Africa,1996.
78
79
law. However, it is important to note that a custom does not automatically attain the status of a
legal rule.80 To achieve this recognition, proponents of the custom must take specific steps and
meet various requirements before a court of law can declare it a customary rule.81 These essential
conditions were outlined in the landmark case of Van Breda v Jacobs 1921 AD 330.
According to this precedent, for a custom to qualify as law, it must possess several key attributes:82
• Longevity: The custom must have endured over a considerable period.

• General Observance: The community as a whole must widely adhere to the custom.
• Reasonableness: The custom should be rational and logical.
• Clarity: The content and meaning of the custom must be clear and unambiguous.
Parties seeking to establish a custom's status as a legal rule must present evidence that satisfies
each of these elements in a court of law.83
The concept of customary law in South Africa draws from at least two distinct roots: European
influences that shape South African common law and African influences that inform the
indigenous laws of the land.84 From this perspective, customary law transcends a specific legal
genre, encompassing a broader conceptual framework that intertwines various legal traditions and
cultural practices.85
7. African laws
It would be historically inaccurate to assume that European settlers in the 1600s introduced legal
systems to South Africa. Long before the arrival of Dutch and British colonisers, diverse
indigenous African communities inhabited the region, each governed by its unique legal norms
and systems.86 These indigenous legal frameworks were deeply rooted in the African landscape,
reflecting the rich tapestry of cultures and traditions.
However, during the colonial and apartheid eras, the indigenous legal systems were subordinated
by the dominant European legal systems imposed on the country. This led to the marginalisation
and undermining of African laws and legal traditions.87 Unfortunately, the application of African
laws was often corrupted or distorted under these colonial systems.88
While many indigenous African legal customs have faded over time, several continue to be
faithfully observed, enforced, and respected within various communities.89 These African laws,
80
81
82
Van Breda v Jacobs 1921 AD 330
83
84
85
86
87
88
89
though they share common values and principles, are not uniform; they are distinct to each African
community or region.90
Most African laws are uncodified, meaning they are established through customary practice and
are not documented in statutes.91 However, over time, Parliament has enacted legislation aimed at
formalising aspects of African laws.92 An example of such a modern-day statute is the Recognition
of Customary Marriages Act 120 of 1998.
The South African Constitution acknowledges the significance of customary law as a source of
law and confers authority on the courts to develop it.93 Section 39(3) recognises the application of
rights and freedoms inherent in existing customary law, provided they do not conflict with the
Constitution or other legislation.94 Section 211(3) empowers courts to apply customary law when
applicable, subject to constitutional and legislative constraints.95
Furthermore, Section 211(2) recognises the authority of traditional leaders to govern according to
customary laws and promote their ongoing development.96 This acknowledgement underscores the
importance of preserving and nurturing Africa's diverse legal heritage within the framework of
modern governance.
SECONDARY SOURCES
Secondary sources serve as invaluable tools in the world of legal research, providing organised
and structured insights derived from primary sources. These secondary sources are meticulously
crafted to help researchers access and comprehend legal information efficiently. Here are some
key secondary sources commonly employed in legal research:
1. Textbooks and Legal Treatises: Textbooks and legal treatises play a pivotal role in legal
research. They offer researchers a comprehensive understanding of a subject matter, acting
as a foundational resource. These texts not only provide insights into the core principles
but also guide researchers to other relevant sources.
2. Commentaries on Statutes: Commentaries on statutes delve deep into the intricacies of
specific laws. They offer interpretations, analyses, and historical context, aiding
researchers in grasping the nuances of legislative provisions.
3. Abstracts: Abstracts serve as succinct summaries of research articles published in journals
and anthologies. While they do not provide critical evaluations, they offer a quick overview
of the contents. This is particularly helpful in navigating the vast sea of literature on a
specific subject.
90
91
92
93
94
95
96
4. Bibliographies: Bibliographies compile a list of books and related materials pertaining to
a particular subject. They include essential details like author names, titles, publication
locations, publishers, and publication years. An annotated bibliography goes a step further
by providing brief analyses of the content, aiding researchers in identifying relevant
resources.
5. Dictionaries: Dictionaries are linguistic companions offering definitions, spellings,
pronunciations, derivations, and grammatical usage of words. In the legal realm,
specialised legal dictionaries97 cater to the unique terminology and concepts within the
field. Black's Law Dictionary is a widely referenced legal dictionary.98
6. Encyclopaedias: Encyclopaedias are comprehensive repositories of knowledge,
presenting detailed articles on a wide array of subjects, including law. Unlike dictionaries,
they offer historical context, important theories, references to major works, and a deeper
exploration of concepts.99
7. Indexes: Indexes provide alphabetical listings of subjects and authors featured in various
works. They serve as roadmaps, directing researchers to specific pages or sections within
a publication where relevant information can be found. Indexing is a meticulous process
that facilitates rapid information retrieval.
8. Reviews: A review consolidates and organises existing literature on a defined subject. It
offers an integrated and structured discussion of the relevant materials, typically covering
a specific time frame. Researchers rely on reviews to gain insights into the latest
developments within a particular field.
97
For example see, Bryan A Garner, A DicBonary of Modern Legal Usage (Oxford, New York, 2nd edn, 1995), Steven
H Gifis, Barron’s DicBonary of Legal Terms (Barroni EducaBonal Service, Inc, New York, 3rd edn, 1998), James R Fox,
DicBonary of InternaBonal and ComparaBve Law (Oceana PublicaBon, Inc, 3rd edn, 2003), and L B Curzon,
DicBonary of Law (Pearson/Longman, UK, 6th edn, 2002)
98
Henry Campbell Black, Black’s Law DicBonary (St Paul, Minn. West Publishing Co., USA, 6th edn, 1990) and Bryan
A Garner, Black’s Law DicBonary (St Paul, Minn. West Publishing Co., USA, 7th edn, 1990).
99
Widely used legal Encyclopaedias are Halsbury’s Statutes of England and Wales (a mulB-volume publicaBon of
Buêrworths, London) and Halsbury’s Laws of England (published by Buêrworths, London, in a series of volumes),
which give detailed and up-to-date account of statutes and of law on a parBcular subject. A legal researcher’s task
of locaBng these statutes and cases is further made easy by the Consolidated Table of Statutory Instruments 2006,
Consolidated Table of Cases 2005, and Halsbury’s Statutes Citor 2005. Other useful Encyclopaedias are: ‘An
Encyclopaedia of DefiniBons and InterpretaBons of Legally Significant Words and Phrases’ (published by St Paul,
Minn. West Publishing Co, USA), Words and Phrases (a mulB-volume series, which gives judicial construcBons,
definiBons of words and phrases by the State and Federal Courts from 1658 to date, is published by St Paul, Minn.
West Publishing Co., USA), InternaBonal Encyclopaedia of Laws (a looseleaf service edited by R Blanpain and
published in 1999 by Kluwer Law InternaBonal, The Hague, The Netherlands). Some specialised Encyclopaedias
devoted to a parBcular area/subject are also available. For example, see Encyclopaedia of Human Rights (edited by
Edward Lawson and published in 1991 by Taylor and Francis, Inc, New York), A Concise Encyclopaedia of the United
NaBons (published in 2002 by Kluwer Law InternaBonal, The Hague, The Netherlands), World Encyclopaedia of
Police Forces and CorrecBonal Systems (published in 2006 by Thomson, New York), and Encyclopaedia of Crime and
JusBce (complied by Sanford H Kadish and published in 1983 by the Free Press, New York). There are also a few
acclaimed general Encyclopaedias that are usable in legal research. They are: Encyclopaedia Britannica (published
by Encyclopaedia Britannica Inc, London) and Encyclopaedia Americana (published in 2006 by ScholasBc Library
Publishing, Inc, Danbury, ConnecBcut, USA).
9. Thesauri: Thesauri are tools that group words by ideas, helping users identify synonyms
and pinpoint the precise word they need. In legal research, specialised thesauri exist to
navigate the terminology used within the field.100
These secondary sources collectively serve as indispensable aids for legal researchers. They offer
not only a structured pathway to primary sources but also facilitate a deeper comprehension of
legal concepts and principles.
Source references:
(2021) Oxford.
L Du Plessis & E Hees An Introduction to Law 3 ed (1999) 75.
PG Van der Walt & R Midgley Constitutional and Statutory Interpretation (2018) Juta and
Company Ltd.
SS Terblanche Introduction to South African Law and Legal Theory (2019) Oxford University
Press Southern Africa.
DM Davis Constitutional Law of South Africa (2018) Juta and Company Ltd.
L Du Plessis & E Hees An Introduction to Law (2021) Juta and Company Ltd.
J Neethling, JM Potgieter & PJ Visser Law of Delict (2019) Juta and Company Ltd.
E Kahn Administrative Justice in South Africa: An Introduction (2020) Juta and Company Ltd.
South African Law Reports (SALR)
All South African Law Reports
Constitution of the Republic of South Africa, 1996.
Executive Council of the Western Cape Legislature v President of the Republic of South Africa
1995 (4) SA 877 (CC).
Minister of Correctional Services v Kwakwa 2002 (4) SA 445 (SCA).
100
Christopher Orlando Sylvester Mawson, Roget’s InternaBonal Thesaurus (Oxford, New Delhi, 1978). It is also
available in a pocket size ediBon, see Christopher Orlando Sylvester Mawson, Roget’s Pocket Thesaurus (Pocket
Books, New York, 1946).
STUDY UNIT 1.4: SOURCES OF LAW AND ACCESS
The sources of law are the cornerstones of our legal system, influencing every aspect of our lives
as members of society. Laws are crafted for the betterment of society, and the entire framework
of governance relies on the rule of law. Therefore, it is paramount that these sources of law are
accessible to both legal professionals and society at large. Accessibility here refers to the ability
to locate, comprehend, and appreciate the content and implications of the law.
In an ideal world, where all members of society have ready access to legal professionals, direct
access to the law might be less critical. However, the reality is that legal services are often
expensive and beyond the reach of many individuals when they find themselves entangled in
legal matters. When the law is accessible to the public, it empowers individuals to:101
1. Participate in the shaping and reshaping of laws.
2. Prevent inadvertent breaches of the law, reducing legal disputes.
3. Resolve legal conflicts independently when possible.
From this perspective, access to the law emerges as a crucial necessity, demanding that legal
resources be made more readily available to people. While certain mechanisms exist to facilitate
this access, they often fall short of their goals. For instance, parliamentary laws must be
published, court proceedings must be open to the public, and constitutional mandates call for
public engagement in the legislative process.102
One example of such mechanisms is the small claims court, designed to resolve minor disputes
without the involvement of legal practitioners. Moreover, various forms of media, including
televised high-profile court cases and parliamentary sessions, have improved accessibility to
legal proceedings.
Yet, despite these efforts, the law remains largely inaccessible, particularly to disadvantaged
populations. Understanding continental law poses a significant challenge. Initiatives aimed at
legal education within communities are vital to bridge this gap. The Street Law program,
available at select South African universities, engages students in community workshops to
educate individuals about laws affecting their daily lives. Civil society and community-based
organisations are also active in legal advocacy, striving to make the law accessible to vulnerable
communities.103
Another issue of concern is the limited access to legal resources for lawyers themselves. For
years, statutes and court judgments have been primarily published by commercial enterprises,
often at exorbitant prices. Legal journals have also followed suit. This has created a situation
101
102
103
where less affluent lawyers, who frequently represent marginalised members of society, struggle
to access essential legal materials, exacerbating inequalities in the pursuit of justice.
The advent of electronic media has offered some respite, making it easier for lawyers to access
legal sources. A significant development in this regard is the South African Legal Information
Institute (SAFLII), established in 2006 as a project of the Constitutional Court Trust.104 SAFLII
is an online repository of freely accessible legal information from South Africa, boasting an
extensive collection of journal articles, judgments, and legislation.105 This platform has become
an invaluable resource, levelling the playing field for legal professionals.
Furthermore, there is a growing movement to transform many law journals into open access
publications, ensuring that they are freely accessible online. These efforts collectively work
toward breaking down barriers and ensuring that the law is truly within reach for all.
Source references:
(2021) Oxford.
http://www.saflii.org/content/about-saflii-0
104
105
Available at h^p://www.saflii.org/content/about-saflii-0.html [14 May 2021].
STUDY THEME 2:
ACCESSING LEGAL INFORMATION: WHERE AND HOW TO
FIND LEGAL INFORMATION
STUDY UNIT 2.1: INTRODUCTION TO LOCATING LEGAL

INFORMATION
The foundation of the legal profession relies heavily on the concept of legal authority. The ability
to pinpoint the correct and pertinent legal authority is absolutely crucial for anyone aspiring to be
a competent and ethical legal practitioner.106 Mis-referencing improper or irrelevant legal sources
not only jeopardises your client's interests but also undermines the integrity of the legal profession
and the justice system in South Africa.107 Moreover, your professional reputation is at stake.
The legal landscape is in a constant state of flux, with parliamentary enactments occurring
annually, amendments to existing legislation, and a continuous stream of new judicial decisions
each month. Staying abreast of these developments is imperative. The capability to swiftly and
adeptly locate legal information, distinguishing between what is pertinent and extraneous, and
recognising the quality of legal information is a distinct advantage over your colleagues.
Hence, it is essential to acquaint yourself with various search methodologies to ensure proficient
access to a variety of legal resources both in your library and online. When embarking on a quest
for legal information, there are two fundamental questions to consider: first, are you seeking
primary or secondary sources? Second, is the source accessible in print or electronically?108
Unit 2.2 of the study theme is dedicated to illustrating how to find primary legal sources, while
Unit 2.3 focuses on navigating secondary sources. In both instances, you will learn how to harness
both print and electronic avenues for accessing these sources. University libraries provide access
to costly commercial databases such as Juta and LexisNexis, which are invaluable for locating
106
107
108
primary and secondary legal information. As a student, you have the privilege of accessing these
resources, and it is imperative to acquire proficiency in their utilisation.
In practical terms, legal firms, partnerships, and groups may also subscribe to these commercial
databases. However, many smaller firms and sole proprietors may find such access financially
prohibitive.109 Fortunately, there is an alternative avenue to access legal resources without charge
through the Internet, known as Open Access sources.110 Although Open Access sources are freely
available, it is vital to acknowledge their limitations.
This study unit is designed to provide you with comprehensive preparation for a world where
access to expensive commercial databases is both available and unavailable.
Subsequent study units will delve into both commercial databases and Open Access sources,
ensuring a well-rounded understanding of legal information retrieval methods.
STUDY UNIT 2.2: LOCATING PRIMARY SOURCES
In the preceding study theme, you acquired an understanding of the primary sources of law in
South Africa, which encompass the following categories:
1. Judgments of the Courts (Cases): These rulings form a crucial part of legal precedent.
2. Legislation (Statutes or Acts of Parliament): These are the laws enacted by the South
African Parliament.
3. Old Authorities: Historical legal references that have relevance in contemporary legal
analysis.
4. International and Foreign Cases, Legislation, and Treaties: Legal materials from
abroad that can influence South African legal practice.
109
110
The ensuing discussion, as depicted in the accompanying figure, will expound on these distinct
categories.
(Depiction taken from: T Madlingozi, TL Field, JB Naude, A Bellengere, C Bronkhorst, I De Villiers, A

Du Plessis, W Du Plessis, W Freedman, M Karels, J Klaaren, L Kotze, JM Coetzee, J Moore, T Padayachy,
N Raboshakga, S Sibanda & N Swanepoel Introduction to Law and Legal Skills in South Africa 2 ed (2021)
Oxford.)
SOUTH AFRICAN CASES
In South Africa, LexisNexis, formerly known as Butterworths, and Juta stand out as the two
prominent commercial publishers of legal cases.111 These publishers produce a comprehensive
series of 'law reports' that offer both full-text electronic and printed access to these critical legal
documents.112 This section primarily emphasises electronic access, as it allows legal practitioners
to perform thorough and swift searches with precision.
While electronic access is the focus here, there are instances where accessing printed law reports
may be necessary. Nonetheless, electronic databases hold a distinct advantage, enabling
practitioners to conduct extensive and efficient searches.
111
112
Before 1947, law reports contained judgments from various Provincial Divisions and the Appellate
Division, each identified and bound according to their respective divisions. If you visit your law
library, you may come across old volumes with the abbreviations 'TPD' and 'CPD' on their spines,
representing cases from specific divisions of the High Court or the Appellate Division.113 In 1947,
Juta introduced an integrated set of law reports known as the South African Law Reports,
encompassing cases from all courts in South Africa.114 These reports are published on a monthly
basis and typically bound in four to six volumes annually. The All South African Law Reports,
initially published by Butterworths and now by LexisNexis, date back to 1828.115 Additionally,
Juta and LexisNexis produce specialised series of law reports, such as the Butterworths
Constitutional Law Reports, Industrial Law Journal, and Butterworths Pension Law Reports,
among others.116
These published law reports contain an extensive array of cases, making the ability to locate a
specific case a fundamental skill. Furthermore, advanced skills involve navigating this vast sea of
information to find cases related to specific topics or legislative provisions and determining
whether a particular case has been upheld or overruled by different courts.
If you possess the citation of the case you are seeking, locating the corresponding volume is
relatively straightforward. However, if you lack the full citation and only have the names of the
parties or partial information, or if you are searching for judgments on a specific topic, LexisNexis
and Juta offer cumulative indexes where you can conduct searches based on names, subjects,
words, or phrases, depending on your library's subscription range.117 These indexes encompass:
• The Juta Index and Annotations to the South African Law Reports.
• The LexisNexis Consolidated Index and Noter-up to the All South African Law Reports.
• The Index to the South African Law Reports up to 1946.
113
114
115
116
117
It is important to note that Juta and LexisNexis databases may not necessarily contain the same
cases, and they are not integrated. Thus, proficiency in using both databases is essential. These
electronic databases provide various search options to locate cases, and we recommend employing
one of the following three methods:
1. Using the citation, e.g., 2002 (2) SA 111 (SCA).
2. Searching by the parties involved in the case, e.g., Smith v Rampela.
3. Conducting a search based on a specific topic, e.g., 'servitude.'118
Understanding a citation format, such as 2002 (2) SA 345 (CC), is key:
• 2002: Year
• (2): Volume
• 345: Page number
• (CC): The court where the judgment was issued, in this instance, the Constitutional
Court.119
Given that most law libraries subscribe to both Juta and LexisNexis, students often grapple with
deciding which one to use. When only the topic or the parties' names are available, it is advisable
to search both databases.120 However, when presented with a case citation, the citation itself
provides guidance on where to retrieve it, as exemplified in the tables below.
118
119
120
Example of how citations indicate the publisher:121

Oxford.)
121
List of abbreviations for the different law reports

Oxford.)
Parallel reporting arises when both Juta and LexisNexis publish the same judgment. In such cases,
the content of the cases remains identical, but there are distinctions in the flynotes, headnotes, and
citations provided.122
1. Flynotes: These contain essential phrases relevant to the case's subject matter, offering a
quick indication of the judgment's applicability. Conducting a specific search in the
flynotes helps you find cases related to your topic of interest swiftly. Flynotes are valuable
for making a rapid assessment of a judgment's relevance.123
122
123
2. Headnotes: These are summaries of the case's facts and the issues addressed in the
judgment and are typically positioned before the case report. Headnote searches cover a
broader range of information compared to flynotes.124
In addition to these sources, it is advisable to pay attention to media summaries of judgments

available on court websites such as those of the Constitutional Court, the Supreme Court of Appeal,
and the Competition Tribunal.125 A post-judgment media summary serves as an explanatory note
intended to assist the media in reporting on the case.126
Exploring the Juta and LexisNexis databases in search of cases
By now, you are likely aware that your school subscribes to both electronic versions of Juta and
LexisNexis, and you have received information regarding the access conditions. Here is how to
begin your case search in Juta or LexisNexis:
1. Accessing Juta or LexisNexis:
• Open Juta or LexisNexis by clicking on the respective links or icons.
2. Navigating in Juta:
• In Juta, select the 'Law Reports Search' option, which can be found under the
'Advanced Search Form.'
3. Navigating in LexisNexis:
• In LexisNexis, choose the 'Advanced Search' option, and then click on the 'Cases'
tab.
124
125
126
Oxford.)
Subsequently, proceed to locate the pertinent law report by utilising a range of search methods:
• By Citation
• By Names
• By Topic
You have the flexibility to employ all three search options within a single search form accessible
via the 'Law Reports Search' feature.127 This search form is visually divided into three segments,
as illustrated in the following example:
Locating a Case When Only the Citation is Provided:
• Juta: 2005 (2) SA 16
• LexisNexis: 1994 (1) BCLR 145
127
Oxford.)
Discovering a case when only a topic is available:
When you have a topic but lack specific details, there are various approaches to conducting your
search. You can initiate your search by exploring the flynote or employing keywords as your initial
point of entry.128
128
Oxford.)
When conducting a search for cases related to a specific topic, it is crucial to consider a variety of
terms and legal concepts to enhance your search effectiveness.129 Take, for instance, the topic of
"judicial independence." In addition to this phrase, you can also explore related concepts such as
"judicial impartiality" or even broader terms like "separation of powers.130" By describing your
topic using different terminology and legal concepts, you can significantly improve your ability to
locate relevant cases.131
Case Annotations/Noter-up
The annotations/Noter-up service is an invaluable resource, serving as a valuable asset during your
academic studies and, in due course, in your professional practice.132 This tool offers insight into
how prior cases have been treated, helping you determine whether a judgment has been compared,
considered, applied, distinguished, or overruled.133 It also highlights the legislative references
associated with the cases and provides an alphabetical subject index for reported cases. Moreover,
it offers a practical illustration of how court precedents evolve over time.134 These indispensable
tools are accessible in electronic format on both Juta and LexisNexis platforms and are typically
available in print within most libraries.135
Juta (Index and Annotations to the South African Law Reports)

The content includes a section dedicated to Case Annotations, providing insights into how
previously decided cases have been treated, including whether they were compared, considered,
applied, distinguished, or overruled.136 When utilising Juta's electronic platform, you will find a
convenient link within each case report that leads directly to the Case Annotations.137
129
130
131
132
133
134
135
136
137
Oxford.)
Clicking on the 'Link to Case Annotations' provides you with access to valuable insights into
whether the judgment you are examining has been taken into account, applied, or distinguished in
other cases.138 Juta's service also highlights if a particular Act was considered and, if so, specifies
the relevant sections of the Act.139 To access this information, simply navigate to the 'Legislation
Judicially Considered' section by clicking the arrow on the left pane under 'Law Reports' and then
selecting the arrow next to 'Legislation Judicially Considered.'140 Here is a step-by-step example
of how to access the 'Legislation Judicially Considered' section:
138
139
140
Oxford.)
Once you have selected the relevant Act within the 'Legislation Judicially Considered' category,
the subsequent screen will present the corresponding judgments.
Oxford.)
LexisNexis: Gracies Index to the South African Law Reports and All South African Law
Reports and Legal Citator
You can utilise Gracies to determine whether the case you are referencing has been overturned.
The Noter-up tool serves the purpose of confirming correct case citations and tracking a case's
historical developments for annotation purposes.141 Additionally, it aids in identifying legislation
that has been judicially considered. To access the Noter-up feature in LexisNexis, follow these
steps:142
141
142
1. Go to the General Search Bar and enter your query, for example, 'BK Tooling.'
2. In the table of contents on the left, check the box next to 'Gracies Index.' Please note that
if you specifically want to check if a case has been overturned, select only 'Noter-up' under
Gracies Index.
3. Click on 'Search.'143

Oxford.)
143
The Legal Citator thoroughly assesses how reported judgments regard each other as legal
precedent.144 To search for a specific case, such as 'BK Tooling (Edms) BPK v Scope Precision
Engineering (Edms) BPK 1979 (1) SA 391 (T),' utilise the Legal Citator option found under
'Advanced Search and Citator.'145

Du Plessis, W Du Plessis, W Freedman, M Karels, J Klaaren, L Kotze, JM Coetzee, J Moore, T
Padayachy, N Raboshakga, S Sibanda & N Swanepoel Introduction to Law and Legal Skills in South
Africa 2 ed (2021) Oxford.)
144
145
To determine if legislation has undergone judicial consideration, you can access the 'Table of
Statutes' details within the 'Gracies Index' section.146

146
Finding open access cases
Accessing South African case law is both convenient and straightforward through SAFLII
(Southern African Legal Information Institute).147 You can visit SAFLII at http://www.saflii.org,
where they freely publish judgments from South African superior courts.148 However, it is
important to note that the majority of these judgments do not include headnotes or flynotes, and
the case citations on SAFLII differ from those found on LexisNexis and Juta.149 For instance, the
same case, "Van Jaarsveld v Bridges (SCA)," will have distinct citations across these
publishers:150
• SAFLII: Van Jaarsveld v Bridges (344/09) [2010] ZASCA 76
• Juta: Van Jaarsveld v Bridges 2010 (4) SA 558 (SCA)
• LexisNexis: Van Jaarsveld v Bridges [2010] 4 All SA 389 (SCA)
147
148
149
150
Additionally, SAFLII offers LawCite, a legal case citator that not only helps you locate a case
but also provides information on how the case has been treated.151 LawCite lists other related
cases and journal articles that reference the case, offering valuable insights into its legal
context.152 Here is an example of what LawCite looks like:

Open access cases are also accessible through statutory bodies and various South African court
websites.153 Some noteworthy examples include:
• National Consumer Tribunal: https://www.thenct.org.za/about-us/
151
152
153
• South African Revenue Service: http://www.sars.gov.za/
• Competition Commission: http://www.compcom.co.za/
• South African Human Rights Commission: http://www.sahrc.org.za
• Constitutional Court (CC) judgments: These have been available since 1995 at
http://www.concourt.org.za
• Supreme Court cases: You can find them at

http://www.supremecourtofappeal.org.za/.154
These resources provide open access to a wide range of legal cases for your reference.
SOUTH AFRICAN LEGISLATION
New legislation is initially released in the Government Gazette, a vital medium for the
government to communicate with the public.155 This official publication features Acts,
regulations, and notices, including significant releases during events like the Covid-19 pandemic
in 2020.156 Access to the Government Gazette is available in both hard copy and electronic
formats through Sabinet. A subscription is required to access this database.157 Additionally, Open
Gazettes South Africa now offers free access to South African Government Gazettes
(http://opengazettes.org.za).158
While the Government Gazette publishes the original version of each Act, it may not be the most
reliable source since Acts are regularly amended, and these amendments are published
separately.159 To ensure you are working with the most up-to-date legislation, Juta and
LexisNexis continuously update legislation when amended by Parliament and republish it in both
154
155
156
157
158
159
hard copy and electronic formats.160 Sabinet also offers updated legislation on its online legal
platform (see http://discover.sabinet.co.za).
LexisNexis' printed version of legislation dates back to 1910 and is maintained through a loose-
leaf service, with outdated pages replaced and amendments manually inserted to keep it current.
Finding Acts in this printed version necessitates using the index in volume 1, where you will find
alphabetical and chronological tables of the Acts.161
Juta's printed version comprises a seven-volume set of statutes updated annually, effectively
replacing older sets. Its index includes chronological and alphabetical tables of legislation, an
alphabetical index to subgroups, and a table of provincial legislation.162 While the focus here is
on electronically accessible legislation, the ability to access printed versions remains crucial for
practising lawyers who may not have electronic access.163
Both Juta and LexisNexis offer electronic access to legislation, encompassing the text of
repealed and amended legislation.164 You can choose your preferred database based on
navigational convenience, but essentially, they provide the same content.165 Additionally, both
databases include related regulations.166
To locate Acts, you have three options:
1. Search by title, e.g., 'Income Tax Act.'
2. Search by the Act's number and year, e.g., 'Act 2 of 2000.'
3. Find Acts related to a specific topic, e.g., 'civil partnership.'167
160
161
162
163
164
165
166
167
Navigating Juta or LexisNexis to locate legislation electronically
The previous section covered how to determine the availability of Juta and LexisNexis in your
institution and where to access these databases.168 The same approach applies when you need to
electronically locate Acts.169 Here are the initial steps to begin your search for Acts in Juta and
LexisNexis:
1. Open Juta or LexisNexis by selecting the relevant links or icons.
2. Click on the drop-down list labelled 'Choose Search Form,' as indicated below.
3. For Juta, opt for the 'Acts Search' option.
4. In LexisNexis, choose the 'Legislation' option under the 'Advanced Search.'170
168
169
170
You can search for an Act using either the year or the Act's title on both Juta and LexisNexis.
They provide search form options to locate an Act by its title, such as the "Promotion of Access
to Information Act," or by the Act's number and year, for instance, "2 of 2000."171
171
Searching for an Act by topic, for example, ‘civil partnership’172
To search for an Act by topic, like 'civil partnership,' follow these steps:
For Juta:
1. Click on the 'Advanced Search' option.
2. Check the 'Statutes of SA' option in the left pane and enter the desired topic.173
172
173
To search for an Act by topic, such as 'civil partnership,' in LexisNexis, follow these steps:
1. Utilise the 'Advanced Search' option, similar to how you would search for an Act by title,
number, and year.
2. Enter the topic in the search form located at the bottom of the page.174

174
Finding open access legislation
Typically, utilising legislation sourced from the Internet is not recommended, as it often lacks the
latest amendments. However, in 2013, the Oliver Tambo Library at the University of Pretoria
initiated an effort to centralise South African legislation.175 They have made their database of
current legislation accessible through open access at http://www.lawsofsouthafrica.up.ac.za/ .176
This database includes the most recent amended versions of Acts along with their accompanying
enabling regulations. Moreover, it allows users to search for historical versions of Acts, available
at Current Legislation (up.ac.za).177 Additionally, some statutes from the former South African
colonies (1714 – 1910) have been digitized and are accessible at
http://repository.up.ac.za/handle/2263/56531.178 The establishment of the "Free Online South
African National Legislation" was made possible through initial funding from the Constitutional
Court Trust and continues to be sustained through sponsorships.179
OLD AUTHORITIES
The old authorities primarily consist of the writings from seventeenth- and eighteenth-century
Roman-Dutch jurists, as previously mentioned. It is important to note that students, attorneys, and
judges may still need to reference these old authorities on occasion.180 To identify which old
authorities are accessible in your library's catalogue, you can search by the book title, such as
"Inleidinge tot de Hollandsche Rechtgeleerdheid," or by the author's name, for instance,
"Grotius."181 Learning how to effectively navigate your library's catalogue to access these old
authorities is essential.182
175
176
177
178
179
180
181
182
INTERNATIONAL AND FOREIGN CASES AND LEGISLATION
In the previous study unit, you gained an understanding of the significance of international law
and foreign law as sources of South African law. Foreign law encompasses the legal systems and
cases of other countries. On the other hand, international law consists of rules established between
different states, often through treaties.
To access international and foreign law materials, you'll need to utilise international subscription
databases like Westlaw, LexisNexis Professional (UK), or HeinOnline.183 These databases offer a
wealth of resources, including judgments from prominent international courts such as the
International Court of Justice (ICJ), the European Court of Justice (ECJ), the European Court of
Human Rights (ECHR), the African Court of Justice (ACJ), and the inter-American Court, along
with international legal instruments like treaties.184 Furthermore, these databases grant access to
legislation and law reports from various regions and countries. Depending on your library's
subscriptions, you may find legislation and case law from countries like the United States, the
United Kingdom, or Germany.185
It is worth noting that the content within these databases is reliable and routinely updated. To make
the most of these resources, it is crucial to become familiar with how they organise information
and the functionality of their search mechanisms. Attending training sessions, when available, is
advisable to enhance your proficiency in utilising these databases effectively.
Open access international cases and legislation
You can access international cases and legal instruments through various websites, with the most
reliable sources being the official websites of the respective courts. Here are some reputable
sources:
183
184
185
• Google Scholar: You can select 'case law,' choose the court, and search by citation, case
name, or keyword at http://scholar.google.com.
• European Court of Human Rights: Visit https://www.echr.coe.int/ for information

from this court.
• International Court of Justice: Access materials from the International Court of Justice
at https://icj-cij.org/home
• WorldLII (World Legal Information Institute): Find international legal information at

http://www.worldlii.org.
• Justia (US): Explore US legal cases at http://law.justia.com/cases.
• CommonLII (English reports): For English reports, visit

http://www.commonlii.org/uk/cases/EngR/.
• BAILII (British and Irish Legal Information Institute): Access British and Irish legal
information at http://www.bailii.org/.
• Legal Information Institute (LII): Find African legal information at

HTTP://africanlii.org.
• UK Legislation: Explore UK legislation at http://www.legislation.gov.uk/.
• United States Code: Access the United States Code at http://uscode.house.gov.
While many international legislative materials are available online for free, it is essential to
exercise caution when searching for open-access Acts. You cannot always guarantee that the
downloaded version is the most up-to-date. It is advisable to verify your findings with an
authoritative version of the Act.
STUDY UNIT 2.3: LOCATING SECONDARY SOURCES
In our previous study theme, you delved into the world of secondary sources of law, discovering
that these sources provide descriptions, analyses, and insightful commentary on primary sources
of law. In essence, they serve as invaluable companions to primary legal materials. When you
find yourself in the realm of a legal topic or issue that is unfamiliar, secondary sources become
your guiding light. They shed light on complex subjects and offer clarity to those seeking to
navigate the intricacies of the law.
The world of legal scholarship offers a wealth of secondary sources, both South African and
international, and they come in various formats, including electronic and printed materials.
Among the secondary sources that are frequently referenced are:
1. Scholarly Journal Articles: These can be found in electronic databases and printed
publications. They provide in-depth insights and analyses of legal matters, offering a
comprehensive view of specific topics.
2. Books: Legal literature encompasses a vast array of books authored by experts in the
field. These books serve as comprehensive guides, diving deep into legal concepts,
principles, and case law.
3. Research Literature: This category includes government reports and research reports
from independent authorities. They offer well-researched and authoritative information
on various legal subjects, often with valuable data and statistics.
4. Reference Works: Encyclopaedias and dictionaries dedicated to legal terminology and

principles are invaluable resources. They provide concise explanations and definitions,
aiding in understanding complex legal terms.
These secondary sources collectively provide a well-rounded perspective on legal matters,

making them an excellent starting point for anyone seeking to explore or gain clarity on a
specific legal topic. Whether you prefer electronic resources or printed materials, these
secondary sources serve as your gateway to comprehending the intricacies of the law.
In the upcoming section, we will delve into the art of discovering secondary sources, both in
their digital and traditional printed formats. We will explore the methods and resources at your
disposal to effectively locate these invaluable materials.
SCHOLARLY JOURNAL ARTICLES
Legal scholars, students, and professionals often contribute their research in the form of articles,
which find their home in both South African and international scholarly law journals.186 These
journals, also known as academic, peer-reviewed, or refereed journals, differ significantly from
popular magazines like Sports Illustrated or You.187 Scholarly journal articles are typically
authored by lecturers or researchers and are commonly published by academic organisations.188
Your faculty and instructors will strongly endorse the use of scholarly journal articles as key
resources for your research papers and assignments. In this section, we will focus on the electronic
retrieval of scholarly journal articles. When obtaining a journal article from a library database, you
186
187
188
will encounter various critical elements that constitute the article's reference information, essential
for locating the article. Below, we provide an example of a reference to a journal article:

In the example provided above:
• The article's title stands out in a prominent, large font: "Admissibility of Extra-Curial
Admissions as Hearsay Evidence Against a Co-Accused."
• Subsequently, the journal's title is presented, along with the specific issue number:
"Tydskrif vir die Suid-Afrikaanse Reg, Issue 4."189
The reference further includes:
• The precise page range where the article is located: Pages 834 to 840.
• The year when the article was published: 2009.
• The name of the database housing the article: ISAP, accessible through the National
Library of South Africa.190
Certainly, here is the revised summary while retaining all the provided information:
It is important to note that numerous databases exist beyond those previously mentioned. Diverse
libraries may subscribe to different databases, expanding the range of accessible resources.
189
190
Open-access journals provide unrestricted and free access to their content, and their prevalence in
South Africa is on the rise.191 This trend makes it easier to access articles without cost. Here are
some examples of such journals:192
• Potchefstroom Electronic Law Journal (PER): Home | law.nwu.ac.za

• African Human Rights Law Journal (AHRLJ): http://www.ahrlj.up.ac.za/
• Law, Democracy, and Development: Information Commissioner's Office (ICO)
• Journal of Contemporary Roman-Dutch Law (THRHR) – digitized by the University of
Pretoria (1970 – 2002): http://repository.up.ac.za/handle/2263/61485
• De Jure: http://www.dejure.up.ac.za/index.php/volumes
• African Journal Archive – a retrospective open access journal service that makes available
African journal literature dating back to 1906: http://www.ajarchive.org
• SAFLII also hosts open-access law journals. Find a list of the titles they are currently
hosting at: http://www.saflii.org/content/lawjournals.html
• Scielo (Scientific Electronic Library Online) South African open-access database of peer-
reviewed South African scholarly journals: http://www.scielo.org.za/ .193
When searching for open-access journal articles, it is crucial to use scholarly, peer-reviewed, or
accredited journals, whether they are South African or international.194 Accredited journals are
recognised by the scientific community as having a reputable standing and meeting specific
criteria, making articles published in them eligible for South African Department of Education
subsidies.195 In peer-reviewed journals, articles undergo assessment by specialists or experts in the
same field, ensuring research and publications' quality.196
Notably, popular law journals like De Rebus and electronic newsletters such as Legalbrief Today,
often used by lawyers, do not fall under accredited scholarly works. Nevertheless, they are
valuable, particularly to practitioners, as they offer comprehensive overviews of new legal
developments, law updates, advertisements, and more.
191
192
193
194
195
196
To determine whether a journal is accredited or peer-reviewed, consult the journal's website.197
For open-access journals, information regarding their status is typically available on their website.
For instance, the PER website states: "PER is included in the International Bibliography of the
Social Sciences (IBS) and is, therefore, an approved journal for purposes of subsidy for South
African authors from 2004."198 In most cases, journals themselves clarify whether they are peer-
reviewed and/or accredited.
To efficiently retrieve relevant journal articles for specific research topics, it is essential to
formulate your information needs into requests that databases can understand. This involves
specifying keywords related to your topic and employing Boolean operators in your search, a
process elucidated below.
Using keywords, Boolean operators and truncation
When utilising a database to locate journal articles, it is essential to articulate your topic or title
using keywords and consider synonyms for those keywords. Combine this information to create a
search query. For instance: (use of force or section 49) and (criminal procedure act).199 It is
important to be creative and encompass all potential synonyms in your search query, such as
'woman' and 'female,' or 'slander' and 'libel.'200
Boolean operators serve as connecting words between different keywords in a search query. The
three fundamental Boolean operators are OR, AND, and NOT:201
• The AND operator signifies to the database that it should include all provided search terms
in the search results.202
197
198
199
200
201
202
• The OR operator instructs the database to search for any of the given search terms.203
• The NOT operator specifies search terms to be excluded from the search.204
A search query might appear as follows: (Negligen* or 'duty of care') and ('child* or infant* or
adolescent*') and (medical procedure* or 'medical treatment*').205
Additionally, using truncation when listing your keywords is crucial. The most commonly used
truncation symbols are !, *, or ?. Some databases use ! or ? while others employ . These symbols
aid the database in recognizing all variations at the end of the keywords. For instance, negligen
retrieves terms like 'negligence,' 'negligent,' and 'negligently.'206
Before commencing your search on any specific database, consult the database's 'help' guide to
determine which connectors and truncation symbols you should use. On Sabinet, the primary
platform for South African journal articles, you can click on the help link to access a guide that
resembles the one below:

203
204
205
206
Finding South African journal articles
Sabinet provides a diverse array of products, with African Journals standing out as the most
extensive database for discovering South African and African electronic journals.207 It is worth
emphasising that these databases extend beyond law-related subjects, encompassing a broad
spectrum of non-law areas and topics.208 Consequently, when exploring interdisciplinary subjects
that involve both legal and scientific disciplines like medicine, socio-economic rights, or
HIV/AIDS, it is essential to refine your search by incorporating terms such as 'law,' 'legislation,'
or 'legal' to yield pertinent results.209
How to use African Journals from Sabinet
Accessing Sabinet through your library's website, select the African Journals database. Initiate
your search by utilising the 'Advanced Search' feature.

Once you have developed your search strategy, input your keyword combinations into the search
fields.210 For instance, if you are looking for articles authored by 'Tshepo Madlingozi' on 'post-
apartheid social movements,' you can structure your search strategy to focus specifically on
207
208
209
210
articles authored by him that pertain to post-apartheid social movements, with that phrase
appearing in the title or abstract of the article.211
You can also combine various keywords and specify that the database should search for these
keywords within the 'abstract' or 'title' of the article.212

How to use the South Africa Legal Periodicals Index (iSALPi)
The South African Legal Periodical Index (iSALPi) is a specialised reference index offered by the
Constitutional Court.213 This exclusive database focuses solely on legal content and indexes
articles published in approximately 45 South African legal journals dating back to around 1980.214
Access to iSALPi is provided at no cost through the Constitutional Court's website:
http://collections.concourt.org.za/handle/20.500.12144/3913.215
211
212
213
214
215
BOOKS
Textbooks remain invaluable resources that complement the array of available materials. They
serve as essential tools for completing assignments during your academic journey and enhancing
your research endeavours. Textbooks provide an invaluable means of gaining a deeper
understanding of a subject and acquainting yourself with the primary sources relevant to a
particular topic.
Academic libraries now boast extensive collections of ebooks and digital formats.216 When
searching for ebooks, you can conveniently access various publisher ebook platforms directly
from your library's website. Here's an example of how your library may present this feature:
http://library.nwu.ac.za/ebooks.217 Additionally, you can access ebooks through your library
catalogue, which serves as a comprehensive platform for obtaining ebooks.218 Utilise the
advanced search option in your library catalogue, and select the ebooks option, which will
typically resemble this:219
You can also use the library catalogue to locate pertinent printed ebooks on your chosen subject.
The catalogue varies from library to library but lists all the books within the library's
collection.220 When searching for a book in the catalogue, you have the flexibility to search by
author, title, or subject. Various search options are available. For instance, if you are searching
for the book "Introduction to the Law of Property" by AJ Van der Waly and GJ Pienaar, you can
search by the book's title, the author's name, or a combination of both. The following example
illustrates a search in the catalogue:221
Books within libraries are typically classified according to the Dewey Decimal Classification
system, with each subject assigned a specific number.222 Some library catalogues refer to this
number as the "call number." To locate a book on the library shelves, simply follow this call
216
217
218
219
220
221
222
number. For instance, if the call number is 346.04 VAN, it guides you to the book's location
within the library.223
Each book in the library has a status that indicates its availability, whether it is available for
borrowing, currently checked out, or reserved for library use. Be sure to check the latest edition
of a book, as textbooks are frequently updated to accommodate legislative amendments and
recent judicial decisions.
Additionally, keep in mind open book collections like DOAB (Directory of Open Access
Books), which aims to broaden access to open access academic books.224 Google Books also
serves as a valuable source for free legal secondary materials.

223
224
MASTERS AND DOCTORAL THESES AND DISSERTATIONS
A thesis or dissertation represents a focused research report that postgraduate students submit,
either partially or entirely, to fulfil the requirements for obtaining a master's or doctoral degree.
These research documents serve as a valuable source of supplementary secondary materials
alongside books and journal articles. Postgraduate students present their research findings within
the pages of theses and dissertations.
You can access these valuable resources by searching your library's catalogue for theses and
dissertations related to specific topics. Some libraries provide open access to these documents,
allowing you to access them without the need for borrowing, while others maintain them within a
closed collection.225
In recent years, there has been a growing trend towards the submission of electronic theses and
dissertations (ETDs).226 This shift has made it increasingly convenient to obtain free and open
access to the theses and dissertations of various South African universities. You can explore
these resources by searching ETD collections hosted by different institutions.227 Here are some
repositories that contain electronic theses and dissertations:
• University of Pretoria: https://repository.up.ac.za
• Stellenbosch University: http://scholar.sun.ac.za
• University of Cape Town: https://open.uct.ac.za
• University of Johannesburg: http://ujcontent.uj.ac.za/vital/access/manager/Index
• North-West University: https://repository.nwu.ac.za
• University of the Witwatersrand: http://wiredspace.wits.ac.za
These online collections provide convenient access to a wealth of research findings from various
academic institutions in South Africa.
225
226
227
REFERENCE WORKS
Dictionaries
Legal dictionaries play a crucial role in providing concise and clear definitions for legal terms and
phrases, making them invaluable resources for understanding, explaining, or translating these
specialised language elements. Two electronic legal dictionaries accessible for reference are the
Trilingual Legal Dictionary from Juta and the Dictionary of Legal Words and Phrases by Claassen,
available through LexisNexis.228 Additionally, many legal dictionaries can be found in print
format, and you can explore their availability in your library's catalogue. Here are a few notable
titles:
• Bell's South African Legal Dictionary compiled by Sisson.
• Drietalige Regswoordeboek/Trilingual Legal Dictionary by Heimstra.
• Black's Law Dictionary by Garner (an American dictionary).229
Furthermore, legal dictionaries are increasingly becoming available in free and open-access
formats, offering a convenient option for users. Websites like Black Law’s Dictionary
(https://thelawdictionary.org/) and Justia.com host searchable dictionaries covering major legal
topics.230
For those interested in African languages, there are specialised resources available as well:
• Consider exploring the "Legal Terminology: Criminal Law, Procedure, and Evidence"
dictionary published by Juta.231 This comprehensive English-isiXhosa-Afrikaans
dictionary focuses on criminal law, criminal procedure law, and the law of evidence. It also
includes a helpful list of Latin terms and phrases with explanatory notes, making it a
valuable resource for various legal contexts, including the courtroom.232
228
229
230
231
232
Encyclopaedias
Legal Encyclopaedias
Legal Encyclopaedias serve as valuable research tools, offering information on legal topics
organised alphabetically. They are an excellent starting point for legal research. In South Africa, the
primary legal Encyclopaedias is "The Law of South Africa" (LAWSA), which LexisNexis
publishes.233 Comprising 63 volumes and covering 163 subjects with ongoing revisions, this
comprehensive work provides a broad overview of South African law and its various sub-
disciplines.234 LAWSA is structured alphabetically by subject and is accessible in both printed and
electronic formats, accessible through the LexisNexis database.235
To search for specific legal information within LAWSA on LexisNexis:
1. Navigate to the 'General Search' option on LexisNexis.
2. Select the pre-filter labelled 'LAWSA.'
3. Enter your search query, such as 'cession in securitatem debiti.'
4. Click the search icon to retrieve relevant results.236
This approach allows you to efficiently access LAWSA's wealth of legal knowledge and insights
on your chosen topic.
233
234
235
236
Here's an example of the LAWSA content you can access by clicking on one of the search results:

Current Law, which is connected to LAWSA, should be used in conjunction with LAWSA.237
Current Law is accessible in both print and electronic formats, and it is published every four
weeks.238 It includes a review and a loose-leaf section, designed to keep The Law of South Africa
up to date, unless already updated by the Annual Cumulative Supplement.239 Current Law provides
information on the latest legal developments and can be accessed electronically through
LexisNexis.240
Open-access encyclopaedias
Wikipedia (http://wikipedia.org) is a widely accessed open-access online Encyclopaedia, primarily

contributed to by users. However, it is generally not considered a credible source by most
academics. Wikipedia articles are not necessarily written by experts, may vary in quality, and lack
authoritative status. It is not strictly a legal Encyclopaedia.241 Nevertheless, this does not mean that
Wikipedia cannot be useful; it can provide a general introductory overview of a specific topic. We
recommend using Wikipedia as an initial reference point, especially when approaching a topic for
the first time.242 Always exercise caution and critically assess the quality of the information, cross-
referencing it with scholarly sources. Never cite Wikipedia as a primary source or a credible legal
authority.243
Wex (http://topics.law.cornell.edu/wex) is a free legal dictionary and Encyclopaedia sponsored

and hosted by the Legal Information Institute at Cornell Law School.244 Legal experts contribute
to and edit Wex entries, making it a more authoritative legal Encyclopaedia with a focus on legal
information across Africa.245 Additionally, numerous international Encyclopaedias are available,
including the Halsbury Laws of England, the International Encyclopaedia of Laws, and The
Digest.246
237
238
239
240
241
242
243
244
245
246
INTERNET
The Internet is an invaluable resource for legal information, but its limitations must not be
overlooked. It is paramount to exercise caution and critical evaluation when using online sources,
as anyone can publish on the Internet. While the web's search capabilities may not match those of
commercial databases, they can still uncover powerful and occasionally authoritative
information.247
It is essential to remember that the Internet is a dynamic platform, and the content retrieved may
not have the same level of permanence as articles from reputable commercial databases like
Halsbury's Laws.248 In other words, information available today may not be accessible tomorrow.
Du Plessis emphasises that conducting searches on the Internet is not a straightforward process,
and awareness of its search limitations should guide legal researchers when utilising it as a research
tool.249
However, the Internet provides access to current information that may not be available elsewhere.
Nonetheless, if you discover valuable information, avoid the temptation to copy and paste it
directly into your document.250 This constitutes plagiarism, a serious offense that can result in
disciplinary action by your university. Detecting copied content from the Internet is
straightforward, thanks to sophisticated computer software designed to identify plagiarism.251
To maintain academic integrity, always provide your original work and ensure comprehensive
referencing when incorporating material from other sources.252
Search engines
Google Scholar (http://scholar.google.com) offers a more focused and freely accessible source of
information compared to the general web.253 This web search engine is designed to index the full
text of scholarly literature spanning diverse fields, encompassing journal articles, theses, and
247
248
249
Du Plessis, T.2004.InformaBon and knowledge management in support of legal research in a digital informaBon
environment. D Li^ et Phil (InformaBon Science) thesis, Rand Afrikaans University.
250
251
252
253
books.254 When utilising Google Scholar, it's advisable to utilise the advanced scholar search
template, which simplifies author and specific publication searches.255
Notably, Google Scholar includes indexing for law journals, similar to those featured in
HeinOnline.256 If your institution has a subscription to HeinOnline, this can serve as a convenient
method for locating scholarly journals.257
Law subject guides, websites of organisations and associations
Utilise law subject guides such as Findlaw.com, a freely accessible legal information web portal
under the ownership of Thomas Reuters.258 Additionally, consider the following valuable websites,
organisations, and associations:259
1. Law Reform Commission: https://www.justice.gov.za/salrc
2. Pretoria Bar Association: http://www.pretoriabar.co.za
3. Arbitration Foundation of South Africa: http://www.arbitration.co.za
These resources offer valuable insights and information related to legal matters.
Criteria for the evaluation of information found on the Internet
Internet researchers must exercise caution when dealing with websites that lack authority or regular
updates.260 To ensure the credibility and reliability of online documents, consider the following
questions:261
1. Authorship and Affiliation:
• Who is the author, and what is their affiliation?262
254
255
256
257
258
259
260
261
262
• Is the author an academic lecturer, researcher, lawyer, or an unknown individual
expressing personal opinions?263
• Prefer articles authored by academic scholars published in reputable journals over

potentially biased content from non-experts on the Internet.264
• Assess the author's qualifications, experience, and background.265
2. Provider or Publisher:
• Who is the provider or publisher of the document?266
• Is it a trusted legal publisher, a university law faculty website, an attorney, or a

personal blog/website?267
3. Content Quality:
• What is the quality of information in the document?
• Is it from a popular magazine or a scholarly, peer-reviewed journal?
4. References and Bibliography:
• Does the document include a reference list or bibliography?268
• Are the sources listed in the bibliography considered trustworthy?269
5. Document Date:
• What is the publication date of the document?
• When was it last updated, and how current is the information?
263
264
265
266
267
268
269
6. Copyright Statement:
• Is there a copyright statement provided?
• This can help identify the document's owner.270
For a comprehensive guide on evaluating the quality of online information, you can refer to the
annually updated Justia Virtual Chase site: https://virtualchase.justia.com/.271
AMLER’S PRECEDENTS OF PLEADINGS
"Amler's Precedents of Pleadings" is an invaluable resource for both serious law students and legal
practitioners. Pleadings are written statements outlining a party's defences against another party's
claims in a court action.272 Amler's is accessible electronically through LexisNexis and is also
available in print. This work serves as a fundamental reference for determining the format and
content of pleadings and various other legal documents.273
"Amler's Precedents of Pleadings" includes an extensive list of contractual and delictual causes of
action, providing detailed discussions and citing relevant cases for each cause of action.274 It
outlines the minimum requirements for drafting a particulars of claim for each cause of action.
Additionally, the book covers defences to specific claims and the minimum requirements for each
defence.275
270
271
272
273
274
275
For example, it provides insights into the actio de pauperie, which pertains to the liability of the
owner of a domesticated animal for damages caused by such animals.276

276

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STUDY

Part 1: Organisational component

1.3 Student Responsibilities

2.1 Study material

2.1.1 Prescribed textbook (Recommended to purchase)

2.1.2 Case Law

3.2 Outcomes of the module

3.3 Module structure

ICE TASK 1 : 30%

4.2 Assessment policy

4.3 Approach to tests and examinations

PART 2: STUDY COMPONENT

OUTLINE OF THE MODULE

STUDY THEME 1: AN INTRODUCTION TO THE SOURCES OF LAW AND LEGAL

STUDY THEME 2: ACCESSING LEGAL INFORMATION: WHERE AND HOW TO

2.1 INTRODUCTION TO LOCATING LEGAL INFORMATION

2.2 LOCATING PRIMARY SOURCES

2.3 LOCATING SECONDARY SOURCES

STUDY UNIT 1.1: INTRODUCTION TO THE SOURCES OF LAW AND

STUDY UNIT 1.2: DEFINING SOURCES OF LAW

The law as rules

STUDY UNIT 1.3: SOURCES OF SOUTH AFRICAN LAW

4. International, foreign and regional law

• Longevity: The custom must have endured over a considerable period.

STUDY UNIT 2.1: INTRODUCTION TO LOCATING LEGAL

STUDY UNIT 2.2: LOCATING PRIMARY SOURCES

(Depiction taken from: T Madlingozi, TL Field, JB Naude, A Bellengere, C Bronkhorst, I De Villiers, A

SOUTH AFRICAN CASES

• The Index to the South African Law Reports up to 1946.

1. Using the citation, e.g., 2002 (2) SA 111 (SCA).

2. Searching by the parties involved in the case, e.g., Smith v Rampela.

3. Conducting a search based on a specific topic, e.g., 'servitude.'118

Understanding a citation format, such as 2002 (2) SA 345 (CC), is key:

• 345: Page number

(Depiction taken from: T Madlingozi, TL Field, JB Naude, A Bellengere, C Bronkhorst, I De Villiers, A

(Depiction taken from: T Madlingozi, TL Field, JB Naude, A Bellengere, C Bronkhorst, I De Villiers, A

In addition to these sources, it is advisable to pay attention to media summaries of judgments

Exploring the Juta and LexisNexis databases in search of cases

1. Accessing Juta or LexisNexis:

• Open Juta or LexisNexis by clicking on the respective links or icons.

Locating a Case When Only the Citation is Provided:

• Juta: 2005 (2) SA 16

• LexisNexis: 1994 (1) BCLR 145

Discovering a case when only a topic is available:

Juta (Index and Annotations to the South African Law Reports)

(Depiction taken from: T Madlingozi, TL Field, JB Naude, A Bellengere, C Bronkhorst, I De Villiers, A

(Depiction taken from: T Madlingozi, TL Field, JB Naude, A Bellengere, C Bronkhorst, I De Villiers, A

(Depiction taken from: T Madlingozi, TL Field, JB Naude, A Bellengere, C Bronkhorst, I De Villiers, A

• SAFLII: Van Jaarsveld v Bridges (344/09) [2010] ZASCA 76

• Juta: Van Jaarsveld v Bridges 2010 (4) SA 558 (SCA)

• LexisNexis: Van Jaarsveld v Bridges [2010] 4 All SA 389 (SCA)

(Depiction taken from: T Madlingozi, TL Field, JB Naude, A Bellengere, C Bronkhorst, I De Villiers, A

• National Consumer Tribunal: https://www.thenct.org.za/about-us/

• Competition Commission: http://www.compcom.co.za/

• South African Human Rights Commission: http://www.sahrc.org.za

• Supreme Court cases: You can find them at

SOUTH AFRICAN LEGISLATION

To locate Acts, you have three options:

1. Search by title, e.g., 'Income Tax Act.'

2. Search by the Act's number and year, e.g., 'Act 2 of 2000.'

3. Find Acts related to a specific topic, e.g., 'civil partnership.'167

1. Open Juta or LexisNexis by selecting the relevant links or icons.

3. For Juta, opt for the 'Acts Search' option.