TPW810 Legal and Institutional

Structures for Planning

Theme 4 13 March 2023

1
THEME 4:
AREAS OF THE LAW RELEVANT TO
PLANNING
• South Africa Legal System

International law National law

Private law Public law

2
International law
• Law that applies to all nations by means of treaties,
conventions and who are members of:
• International Institutions
• UN
• Regional Institutions
• AU
• SADC

3
National law

• Private law Public law

• (applies between individuals) (applies to state and
individuals)
•

4
Private law - divisions
• Persons
• Who is a person for legal purposes?
• (anyone over 21 years old, married ocop, not mentally disabled)
• Property
• Immovables (land)
• Ownership, other tenure rights
• Rights over land, eg servitudes, mortgages, restrictive conditions)
• Contract
• Agreement which has consequences
• Delict
• Consequences of suffering damage
5
Property law
• Ownership – in principle absolute rights over a thing
• REAL RIGHT
• Other tenure rights, eg lease, leasehold, PTOs
• Ownership can be limited
• Servitudes, eg land servitude, mortgage
• LIMITED REAL RIGHTS

6
Property law
• Servitudes, eg personal servitude

• A
• B

• Mortgages

• A owns land
• borrows money from Bank X
• Bank X has mortgage
7
Public law
• Constitutional law – functions of government/government
structures

• Administrative law – deals with structure, powers, functions

of administrative organs

• Criminal law - offences

8
Criminal law/ Civil law
• Structures differ, eg
• Criminal law
• Offences
• NPA
• Criminal Courts and procedure
• Fine/imprisonment
• Civil law
• Wrongdoing
• Attorneys
• Civil courts and procedure
• Enforcement by agreement, interdicts etc