Introduction

To
Law
Chapter 1 Introduction
What is law
1. Rules and regulations that maintain order in society in society
2. Binding standards for behavior
3. Prescribes what is acceptable and what is not acceptable types of
behavior must be rewarded or punished
4. It hold people accountable
5. An attribute to human life
6. To organize the group to ensure its survival
7. An integral part of our lives
8. The body of our lives
9. Prescribes how human beings should ought to behave
10. Orders society

Functions of law in society

1. To create order
2. Establishes authoritative systems of conflict resolutions
3. Establishes peace ,security and certainty
4. Regulate economic and social activities

Law versus social norms

Law Social Norms
 Guide human conduct  Guide human behavior

 Upholding standards  System of morals which are

beliefs about what is right or
what is wrong

Post-Apartheid Legal Order

Introduction
 Pass system divided South Africa in urban and rural black people were
not allowed in urban areas they had to carry passes

 Pass laws were the central pillars of colonialism and Apartheid

 Whites owned most the land whereas black people belong to the
homelands also known as the bantu stands

Systems of the pass laws were based on the 4 key factors of Apartheid
1) White supremacy
2) Land dispossession
3) Economic subjunction
4) Institutionised patriarchy and discrimination
Rule of law and the transitional justice
Rule of law
 Law applies equally to everyone
 State conduct must be in accordance with and sanctioned by law
 Law should apply to everyone
 People should receive the equal benefit and protection of the law

What is transitional Justice ?

 PNURA introduced the details of an alternative form of justice in South
African namely transitional justice
 Alternative form of justice works differently from the traditional form of
justice
 Foregoes the logic of offence delict committed by a perpertrator
 Section 20(7) removed legal liability for an ace commission in respect
amnesty was granted
 The need for Ubuntu provided the normative ground for transitional
justice as well as restorative justice

TRC aligned with its version of restorative justice

1. Restorative justice seeks to redefine crime
2. Based on reparations aims at healing
3. Aims for the offender to take accountability
4. Aims at resolving conflict in the community

Human rights violation committee

 Coordinates enquiries into gross violations
 Resources to acknowledge the painful experiences of the victims of
gross Violations of human rights
 Established the identity of victims and they were invited to make
statements
 Investigated the abductions ,disappearances and whereabouts of
missing persons
 Public victim hearing commenced on the 15th of April

Reparations and Rehabilitation Committee

 Development of reparations and rehabilitation policy
 Had to make recommendations to parliament
5 components of reparations
1. Interim reparations
2. Reparation grants
3. Reparation accompanied by legal and administrative interventions
4. Community Rehabilitation
5. Institutional Reform

 Providing resources to find reparations resources for victims

 Grant in the form of annual payment for six years
 Agreement between government and the committee about the process
for interim reparations
Transformative Constitution
Protects socio-economic rights
Addressing the socio-economic injustices of the past
Social transformation through non-violent political processors grounded in law
Legal interpretation more highly structured
Judicial mindset is one that invites new imagination and self-reflection about the legal
method

From an interim to a final constitution

 Schedule 4 of the interim Constitution contained 34 predetermined
constitutional principles
 The interim Constitution in terms of sections 68 and 71, tasked the new
government, in its capacity as the Constitutional Assembly, with
drafting and adopting a final Constitution that would comply with the 34
predetermined constitutional principles.
 In addition, sec on 71(2) of the interim Constitution on provided that the
final Constitution would only have force and select once the
Constitutional Court had centered that the proposed text complied with
the 34 principles.
Constitutional sovereignty and the rule of law
 The meaning of Constitutional sovereignty is that any law or conduct
that is not consistent with the Constitution is void.
 Therefore:When parliament, as the main legislative body in the country,
enacts legislation that is inconsistent with the Constitution that
legislation will be declared invalid.
 Any conduct by government, institutions and individuals found to be
inconsistent with the Constitution is invalid.
 Any rule or provision of the customary law or common law that is
inconsistent with the Constitution is invalid.The Constitutional Court,
the Supreme Court of Appeal (SCA) and the High Courts have an
inherent power to develop the common law.
 Any development of the common law must promote the spirit,
declarations and objects of the Bill of Rights.
 The rule of law expresses the no on that the same law applies equally
to everyone. This means that:Where the rule of law prevails, no one is
above the law.
 All state conduct must be in accordance with and sanctioned by the law
- lawless conduct by the state must be sanctioned in the same way in
which citizens who act lawlessly face sanctions.
= Fuller (1969) formulates eight characteristics of the rule of law. They are
helpful in developing our understanding of the rule of law and are as follows:

1) Laws must be expressed in general terms and must be general in

scope and application
2) Laws must be promulgated publicly.
3) Laws must be prospective in effect –
4) Laws must be expressed in understandable terms
5) Laws should be consistent..
6) Laws should not require conduct that is beyond the powers of those
who are affected by the laws
7) Laws should be relatively stable - they cannot be changed so
frequently that the subject cannot rely on them.
8) 8) There must be congruence between the wording of the laws and
their administration on or practical application - conduct must be in
accordance with wording of the laws.

 State nothing about the substance of the laws. Are, in essence, a set of
procedural guidelines for the enactment of laws.
 Generate the morality that makes law possible (inner morality of the
law)
 When compared to the Apartheid legal order, the rule of law means
that where there is a deviation from equal benefit and protection of the
law, that deviation cannot be arbitrary and must be justified by, or be in
terms of the Constitution. The Constitution recognises, that as a result
of unfair discrimination on in the past, vast inequalities exist in South
African society. Sec on 9(2) of the Constitution
 That ‘to promote the achievement of equality’, legislative and other
measures can be taken to protect or advance those against whom
unfair discrimination was exercised in the past.

For substantive equality - it justifies restitutional equality,

Liberal democracy, the separation of powers and the
Countermajoritarian dilemma
 The Constitutional Court and the entire judiciary play a crucial role in
upholdingconstitutional sovereignty. However, the question arises why
unelected judges should have the power to declare unconstitutional
decisions of a democratically elected government.

Transformative constitutionalism and transitional justice

 The South African democracy is not purely liberal.
 The democracy contains elements that are not usually part of a purely
liberal order

The Constitution :

1. Protects socio-economic rights and makes those rights justifiable.

2. Provides for measures aimed at the achievement of substantive
equality
3. Addresses the social and economic injustices of the past. It is therefore
a transformative constitution

Sources of law and legal authority

Keywords

Source of Law
 Something that provides authority, a point of origin of law or legal
analysis.

Primary sources
 Laws generated by institutions vested with law-making authority

Secondary sources
 Provide further information on primary sources of law

State
 An organised political community made up of various features,
including people, territory and government.

Government
 Individuals and bodies that hold the power or authority to govern a par
cular society.

Codified legal system

  A methodically recorded legal system consisting of a complete code
that serves as the main source of its origin and knowledge about that
system.

Uncodified legal system

 A legal system in which the sources of law are spread across many
different written and unwritten sources which could include legislation,
customary law, case law and common law. The sources have not been
methodically recorded.

Primary legislation
 Legislation passed by parliament

Secondary legislation on
 Legislation, such as regulation, formulated by a minister or o cials in a
department

Ultra vires
 To exceed powers which therefore renders it invalid

Doctrine of legality
 A minister or other functionary must comply with the Constitution on
and the enabling parent law when making secondary legislation

Viva voce evidence

 Evidence given by a witness orally as opposed to evidence given in a
written a affidavit; viva voce literally means ‘with living voice’

Ratio decidendi
 Reason for the decision

Sine diminution patriae potestatis

 Without diminishing parental authority

Treaty or convention
 A formally concluded (adopted) agreement between states

Ratification
 An act of consenting to being legally bound by a treaty or conven on by
a state

Domestication
 An act of incorporating a treaty or convention on into national law

Protocol
 Agreement to amend, supplement or clarify a treaty or convention

Audi alteram partem

  Listen to the other side; the rule refers to the principle that no person
should be judged without a fair hearing where he or she is given the
opportunity to respond to the charges

Status quo
 The existing state of affair

Introduction
Source of law
Something that provides authority

Purpose of having a source of law

Force validity from these sources

The law as rules

Regulate the relationships between people and between people and things

Three reasons for recognizing specific sources of law

1. Inform which institution have the capacity to develop perspective norms
2. Legal certainty
3. Provides the information on the content of law

Sources of south African law

 State
 Government

2 types of legal systems

 Codified
 Un-codified
 The south African legal system is an example of an un-codified legal
system

The origins of South African law in a broad sources of law including

 The constitution
 Statues
 Judicial Precedent
 Customary law
 Common law
 Indigenous law
 International and foreign law

The Constitution
 The ultimate source of law
 Laws and conduct arising from such laws are evaluated in South Africa
 Sets the common standard
 Direct source of law
 Constitute elements of law
 Supporting constitutional democracy
  Contains a number of schedules

Legislation

National Level Provincial Level Local Level

Parliament Provincial Legislation Municipal Councils

National Legislation and Provincial statues Local by laws

regulation

Judicial Precedent
 Created by the judicial authority
 Is responsible for resolving legal disputes arising from statues
 Rules of law that emerge from some type of judgements of the courts
 Develop a new legal rules and these cases are not reported even
though they are not reported cases can be brought to a courts attention
by the parties and relied on as the judicial precedent

International and Foreign law

Domestic law
Made by one country and apply to the territory of that country

International law
Body of law created by many countries

Regional law
Members of states of a specific region have law making powers
Customary international law
Section 233 of the Constitution interpretation of the legislation that is
consistent with international law
Section 39 of the Constitution the bill of rights must consider international and
foreign law
Common law
 The South African legal system is mainly based on seventeenth and
eighteenth century Roman- Dutch law as influenced by English law.
Common law is therefore an important historical source of modern
South African law. The importance of common law is underestimated
most in the fields of contract, delict, property and criminal law.
 The legislative or judicial authority can amend the common law position
on a specific matter in spite of its historical status. This is done by
enacting a new statute or passing a binding judgment which may vary
significantly from the common law position.
 It is important to be aware of the fact that where legislation on does not
regulate a specific issue or it is not sufficiently regulated, the common
law can be relied on.
 It is, however, important not to create the impression that legislation
and the common law are mutually exclusive. While it is possible that
legislation on could amend or change the common law position, many
common law principles have ultimately been incorporated into South
African legislation.
 In terms of sections 8 and 39 of the Constitution there is an obligation
on South African courts to develop the common law in light of the
provisions of the Constitution, specifically the Bill of Rights. The
development of the common law may be necessitated by changing
social conditions, values and contemporary legal needs of society.
Custom
 A specific act or form of behaviour in a specific society could develop
into a rule of custom over a long period of me. A custom, however,
does not automatically receive the status of a legal rule. Those who
want the custom to be made a legal rule must assert it and then it must
fulfill various requirements before it can be declared a customary rule
by a court of law.
The requirements are:
1. It must have been in existence for a long time.
2. It must have been observed generally by the community.
3. It must be reasonable.
4. Its content and meaning must be certain and clear.

Indigenous law
 Indigenous law is a form of unwritten customary law, which means that
it has become law through customary use, and it cannot be found in a
statute. Long before the Dutch and British brought their legal systems
to South Africa, many indigenous African people inhabited the country
and lived according to their own indigenous legal systems. While many
of these indigenous law rules have fallen into disuse over the centuries,
people still faithfully observe, enforce and comply with some of these
indigenous rules.
 The Law of Evidence Amendment Act 45 of 1988 orders that par es
may choose to rely on indigenous law before a court of law. The
advantage seeking to rely on indigenous law is that they do not have to
prove that an indigenous law rule is custom as is the case with
customary law. Courts are under obligation to develop indigenous law
in agreement with the constitutional standard - no rule or principle in
indigenous law may contradict any of the provisions contained in
 The Constitution
Modern day commentary on the law
 Current authors, in particular law academics at universities write
commentary on South African law. A considerable part of a law
academic’s duties is conduct legal research and to explain legal
problems from a therefore call viewpoint.
 This research typically requires the legal scholar to investigate a legal
situation in depth and then to provide critical comments on the legal
status quo.

This includes:

a. A statute.
b. A court judgment.
c. Commentary that another academic has published.
d. The commentaries by these modern-day legal scholars is
recognised secondary source of South African law, however the
commentary is not authoritative and binding, only persuasive.
These arguments are o en used by advocates in support of their
own views and to persuade the court to follow their interpretation
of the law. Sometimes the courts themselves rely on these
secondary sources to inform and support their decisions.

Human rights and the Bill of Rights

Introduction
 Interim Constitution came into operation on the 27th of April 1994
 Important changes compared to the previous constitutional systems
included the following
 The right to vote irrespective of race
 Parliamentary Sovereignity replaced with constitutional supremacy
 Constitutional court was established and was given the power of judicial
review

The road towards a Justiciable Bill of Rights

 Entrench the rights of everyone in South Africa
 The sense of looking forward
 Guarantees a wide range of rights
 Prohibit the state from unlawfully interfering with the individual rights
 Oblige the state to take lawful steps to fulfill rights
International sources of human rights
 Emphaises human rights began when the General assembly of the UN
adopted the Universal Declaration of Human Rights
 Rights are inherit in the nature of human beings
 Bearer of rights are entitled to demand that the state or other people
respect and fulfill their rights

The classification of human rights

Civil and political rights
 Protect people from unlawful interference by the state and guarantee
their ability to participate in civil and political life of the state
1. Right to equality
2. Right to freedom of expression
3. Right to a fair trial
4. Right to freedom of assembly
5. Right to elections and to vote

Social and economic rights

 State to take positive steps to provide people with the resources to live a
decent and good life
1. Right to education
2. Right to housing
3. Right to health
4. Right to social security

First Generation rights

18th century
Civil and political rights
Blue rights
Second generation rights
End of the 19th century and beginning of the 20th century
Social and economic rights
Red rights
Third Generation rights
Towards the end of the 20th century
Right to self determination ,Right to self development and the Right to New
development ( a.k.a New Rights )
Green Rights

The operational provisions and practical application of the South African Bill
of Rights
Introduction
  The bill of rights is set out in chapter 2 of the constitution and consists of
33 sections
 Section 7-8 and section 36 are the operational provisions
 Operational divisions are divided into 3 different stages
1. Procedural stage
2. Substantive stage
3. Remedies stage
Who may claim these rights

Section 9 (1) Everyone is equal before the law

Section 11 Everyone has the right to life
Section 13 No one may be subjected to slavery
Section 19 (1) (a) Citizen is free to make political choices
Section 23 (2) (a) Every worker has the right to form or
join a trade union
Section 28 (1) (a) Child has the right to a name or
nationality

Has the right been infringed

 A court has to determine the meaning of the right in question
 The court must determined the meaning of the right determine whether
the challenged law or conduct infringes the right
Section 39 (1) Court interprets the Bill of Rights
Section 39 (1) A court must consider international
law and may consider foreign law

Is the infringement justifiable

 Law does infringe the rights in the bill of rights the rule of law may still be
constitutionally valid if it satisfies the requirements of the limitation
clause in section 35
 Sets out the grounds on the which rights in the Bill of Rights may be
lawfully restricted
That a court must take the following factots in account
1. Nature of the right
2. Importance of the purpose of the limitation
 Relation between the limitation and its purpose
 Apply the limitation clause by examining each of those factors
 Weight the purpose the effect and the importance of the limitation against
the importance of the right and the nature and extent of the limitation
Legislation
 Legislation to give effect to the provisions of the Bill of Rights
 PEPUDA was adopted to give effect to section 9 of the Constitution
Section 9(4) National legislation must be enacted to
prevent unfair discrimination

Classification of South African Law

Introduction
 Legal rules derive from the sources of law
 It is possible to distinguish certain categories of divisions of legal rules
 Law as a discipline and its various sub-divisions
 Classifying the law into the sub-discipilnes or fields enables lawmakers
to compartementalise the laws that they make
 The sub-discipline of law will tell you little about the contractual
agreements and legal remedies
 In many instances sub-disciplines can not be separated
 Classification of the law also informs us how legal institutions are
structured and organized
International Law
 Governing the relations and dealings of the nations with each other
 Regulate more than one state
 The organization at the center of enforcing international law is the
United Nations
Different sources of international law including
1. Treaties
2. International custom
3. International relations
4. International human rights
There are also international law issues such as
1. Rules for recognition of the state
2. Sovereignty of international crimes doctrine of dealing with international
law norms

National law
 The rules apply only within the territory area of South Africa
Substantive Law
Public law
 Relationships between the government and the people
 Rules that tell us how the state must and may interact with the people

Constitutional law
 Constitutes the state
 Constitutionalism refers to the protection of the subjects of the state
from arbitrary rule

Administrative law
 To regulate how the state goes about its administrative duties
 Provides the laws regulating how the state governs
 Core of administrative law is set out in section 33 (1)and (2) of the
constitution states that everyone has the right to administrative action
that is lawful reasonable and fair

Criminal Law
 Matters where people have been accused of committing crimes
 Divided into substantive and the law of criminal procedure

Substantive criminal law

 Crimes are designed mainly by the common law and legislation
 Different crimes can be understood in terms of entity or person or
whom the harm is directed
 The state
 The family
 Public welfare
 The person
 Property
Main general principles of criminal law
1. Must be conduct by one or more people
2. Conduct must be unlawful
3. Person who committed the conduct is at fault

Law of criminal procedure

 The procedure which accused persons are brought before a court and
are tried for alleged offences
Private law
 Regulates the relationship between private persons
 Social and economic relationships for example
 Conclude a contract
 To become married/engaged /divorced
 Claim compensation
 Determine what should happen to the deceased estate
 Divided into substantive and procedural private law

Substantive
 Collections of persons as one entity
 Regarded by the law as a being or a person
 Collection of persons is called juristic persons
Sub-categories of substantive law
 Family law
 Law of persons
 Property law
 Law of obligations
 Law of personality

Law of persons
 Determines a persons status in the eyes of the law
 Affects everyone
 Legal subjects are capable of holding rights and duties
Deals with important issues such as
 Domicile
 Citizenship
 Adoption
 Minority
 Prodigality
 Curatorship
 Insolvency
 Legal capacity

Family law
 Covers the legal rules applicable to family relationships

Law of patrimony
 Regulates the relationship and his/her patrimony
Property law
 Regulate the competing interests of legal subjects acquiring property
rights and interests
 Persons patrimonial assets within his/her estates
 Section 25of the Constitution referred as the property clause which
protects the property

Intellectual Property law

 Regulates a specific type of property
 Regulates and protects intellectual property rights someone has

Law of Obligations
 Regulates personal rights and obligations

Law of contract
 How different forms of contract into being are managed and terminated
 Regulates the legal relationships created by people entering into
agreements

Law of delict
 Dealing with the circumstances which a person can claim
compensation from another for harm that has been sustained
 To deal with the wrongful and blameworthy conduct of a person which
caused harm to another
5 elements that must present before the conduct complained of will be
classified as delict
1. Positive act or omission
2. Wrongfulness
3. Fault
4. Harm
5. Casual link between the act and damage

Law of succession
 Deals with what happens to a persons estate after he/she dies

Personality law
 Relate to issues of someone’s personality
Law of civil procedure and civil evidence
 Is the body of law concerning the claiming of relief by means of civil
proceduring in a court of law

Hybrid sub-divisions

Environmental law
 Deals with the issue of sustainable development
 Provide resources to sustainable for current and future generations
 Focuses on the environmental issues
Legal rules relating to
1. Climate change
2. Protecting plants and animals
3. Protecting people from pollution

Commercial law
 Business law or mercantile law
 Important for commerce
Encapsulates many different branches of law including the following
Banking and Finance Regulates the powers and functions
of banks
Law of insolvency Concerned with insolvents estates
Labor laws Regulating the relationships between
empolyers and empolyees
Taxation law Relationship between taxpayers and
SARS

Insurance law Regulation of the South African

Insurance industry
Educational law
 Youngest of the sub-disciplines
 The rights and duties of those involved in the South African education
system

Information Technology Law

 The rules relating to among others the use of the internet the protection
of electronic information

Integration of disciplines
 The solving of a legal problem mostly require the integration of various
legal disciplines
 A single legal problem may require of you to apply different rules and
principles from, for example, the law of contract, the law of civil
procedure and evidence as well as labour law.
 South African law, although consisting of different disciplines, should
always be seen as an integrated, closely interrelated whole.

Adjudication court structure and dispute resolution

Introduction
Adjudication
 The process by a party or parties to a legal dispute to it an independent arbitrator
 The arbitrator decides on the disputes in accordance with applicable law
Applicable law
 Parts of the law that corresponds with the particular facts which the disputes arise
 A court is presented with text of law that it must apply in the context that is
provided by the facts
Institutional resolution
consists of no less than two fundamental principles
1. No one is permitted to take the law into their own hands
2. Anyone has the right to challenge the legality of the law or conduct
Section 34 of the constitution everybody has the right to have any disputes that can be
resolved by the application of law decided in a fair public hearing before a court
Section 162 the courts are independent and must apply impartially without prejudice
Independence of the judiciary
 Section 16(3) of the constitution states no person or organ of the state may interfere
with the functioning of the court
Imparity of the judiciary
 No prejudice from the courts in relation to the issues and the parties in a particular
case
Terminology and types of proceedings
  Section 34 of the constitution applies to disputes that can be resolved by the
application of the law
 There are two primary types of disputes civil and criminal disputes

Civil disputes
 Refer to the matter to the courts for a resolution
 Exists where there are one or more parties sue for or claim something from another
party
 The parties are collectively referred to the litigants
Types of disputes
Action
Application

Criminal proceedings
 A person complains that the other person has stolen from him or her the state will
still imitate and conduct the criminal proceedings on the behalf of the complainants
 Primarily have punishment for the wrong as their aim
 Party against whom criminal proceedings are instituted are known as the accused
 Process by way of which an accused is brought before a court is referred to as the
prosecution

Approving for leave of appeal or for review

 a party who initiates the appeal is the applicant and the party against the appeal is
the respondent
situations where a party can apply for a leave of appeal or for review
1. The party is not satisfied with the court's order
2. Of the opinion that the court has erred and its interpretation of the facts of the law
3. Of the opinion that there was an irregularity in the court's proceedings
Structure of the judiciary
 Section 166 of the constitution regulates the formal structure of the courts in South
Africa
 The structure of the judiciary is hierarchal
Relevance of the difference between Ratio Deceidendi And Obiter Dicta
Ratio decidendi (reason for a decision
 Presents the reasons for the decision creates precedent that's is binding and in
accordance with the rules of precedent
Obiter dicta (remarks in passing
 Parts of the court's judgment
 Does not create the precedents and thus not binding have persuasive force in
subsequent judgments

Interpretation
 Law is textual the reading of law is not far removed from the act of interpretation
 Most of the theories focus on legislation and have developed into an area of study
referred to statutor interpretation
4 theories of interpretation
FORMALISM Core belief: the law is essentially
separated from questions of
politics and morality. It exists as
a system of ‘self-determining’
rules that can be applied to the
facts of the case in logical
 fashion.

• formalism is o en represented
as a calculation:Rules + Facts =
Conclusion• This form of
reasoning is also referred to as a
syllogism.

• Formalism relies on the literal

meaning of words and the belief
that it is the task of the
interpreter to and the
lawmaker's intention as
formulated in the literal
meanings of the words that
make up the rule.

REALISM • Originated in the United States

in the 1920s and 1930s.• Core
belief: Formalism o en ignored
social interests or masked
political views behind claims of
neutrality intention of the
legislature’.

• As a movement, Realism did

not offer a new form of legal
reasoning. It offered a critique at
the two levels of syllogistic
formal legal argument - at the
level of rule and at the level of
fact.

• The realist argument also

emphasised that because of the
indeterminacy of all language,
judges face interpretative
 choices - rules are not ready-
made to be applied to facts in a
mechanical fashion.

HART’S INTERPRETIVE POSTION • In the 1950s and 1960s, the

English legal philosopher, H.L.A.
Hart, positioned his theory of
interpretation between the
realists andthe formalists.

• Formalist: Legal rules can and

often do have determinate
meaning. Hart called this the
‘core of certainty’ of the rule.

Realist: There are cases where it

is not certain whether a
particular rule applies to the
facts or not. Hart referred to this
uncertainty as the ‘penumbra of
doubt’ as regards the rule's
application. The interpreter is le
with the discretion to decide

whether the particular factual

situation before him or her
should have the general rule
applied to it. In exercising this
choice, the interpreter has to
exercise, at least to a certain
extent, extrajudicial moral
reasoning.
DWORKIN • In the 1970s and 1980s, the
famous American philosopher,
Ronald Dworkin, rejected Hart’s
interpretive position.• Belief:
The principles and policies
judges invoke when they decide
cases are moral as well as
political and legal.

• Created the method of

constructive interpretation –
constructive in the sense that it
builds or constructs a new
decision in a productive
(constructive ) way on the basis
of what already exists. It has
integrity because it treats people
consistently according to
principle.

• Cauction: It posits a conception

on of law ‘as the best politics
which will t the legal materials'.
Adherence to Dworkin’s theory
wouldmean, for example, that
Apartheid-style principles would
have to be followed in
subsequent cases.
Alternative disputes resolution
Refers to all the ways of resolving disputes other than by litigation
The SALRC stresses that
1. ADR covers a broad range of mechanisms and processes designed to assist parties in
resolving disputes creatively and effectively
2. They may involve the selection or design of mechanisms and processes other than
formal litigation
Why do people want to use ADR rather than litigation
 Litigation is expensive time consuming and often lengthy people are seeking faster
more effective and less cumbersome ways of resolving disputes and problems