Summary of Classification of South African Law
Classification of South African Law: A Student's Guide
Introduction
This study material provides a clear, structured overview of the branches and major subject-areas of South African law. It explains distinctions between national and international law, substantive and procedural law, public and private law, and common specialisations. Practical examples and short definitions are provided to aid understanding.
Definition: Substantive law determines the content and meaning of legal rules and the legal relationships between people and between people and the state.
Definition: Procedural (adjectival) law regulates the enforcement of substantive law and the process by which courts handle disputes.
1. Classification and purpose of legal branches
- The Roman tradition of classifying law into branches helps study law coherently and orderly.
- No single perfect classification exists; divisions are partly artificial and authors vary in labels and boundaries.
- South Africa has one legal system subject to the Constitution; classification is a learning tool rather than a rigid taxonomy.
2. International law vs national law
International law (public international law)
- Governs relationships between independent states and between states and international organisations.
- Sources: treaties (bilateral or multilateral), customary international law, practices of international organisations (e.g., UN).
- Enforcement: International Court of Justice and other tribunals, but there is no single global legislative or executive body.
- Interaction with national law: International law can be incorporated into domestic law but must not conflict with the Constitution or domestic legislation in South Africa.
Definition: Treaty — a formal agreement between states that creates binding international obligations.
National law (domestic law)
- Law of a specific state (e.g., South African law); it is positive law applied and enforced within the state.
- Consists of statutes, the Constitution, common law, customary law, and judicial decisions.
Table: International law vs National law
| Public international law | National law |
|---|---|
| Regulates relations between states and international organisations | Regulates legal relations within one state (e.g., between persons, and between persons and the state) |
| Sources: treaties, customary international law | Sources: Constitution, legislation, common law, customary law, case law |
| No central legislature or executive | Central legislature, executive and judiciary of the state |
3. Substantive law vs procedural (adjectival) law
Substantive law
- Determines rights, duties and the content of legal rules.
- Examples:
- Criminal law: defines offences such as murder and prescribes punishment.
- Private substantive law: determines how an individual acquires ownership of property.
Procedural (adjectival) law
- Regulates how substantive rights are enforced and how legal proceedings unfold.
- Examples:
- Law of criminal procedure: sets how alleged offenders are investigated and prosecuted.
- Law of civil procedure: governs how individuals enforce rights against others (e.g., suing for damages after a car collision).
- Law of evidence: prescribes how facts must be proved and which evidence is admissible.
Definition: Law of evidence — the rules governing how facts are proved in court, including admissibility and the manner of witness testimony.
Practical example: Substantive law says theft is an offence; criminal procedure explains how police investigate, how charges are laid, and how the trial is conducted.
4. Divisions of procedural law (adjectival law)
- Law of criminal procedure: investigation, prosecution and trial processes for alleged offenders.
- Law of civil procedure: how to institute civil claims and enfor
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South African Law Overview
Klíčové pojmy: Distinguish international law (states) from national law (domestic legal order), Substantive law defines legal rights and duties; procedural law governs enforcement and court processes, Law of criminal procedure, civil procedure and evidence are main divisions of procedural law, Public law regulates state authority and vertical relationships (e.g., constitutional, administrative, criminal), Private law governs horizontal relationships between persons (e.g., contract, property, succession), Commercial law combines public and private elements: tax, insolvency, labour, insurance, sale and lease, Public international law deals with state-to-state relations; private international law governs choice of law in cross-border private disputes, Legal interpretation is essential for applying statutes, contracts and wills; courts use context and rules of interpretation, Law of evidence sets admissibility and manner of proof in civil and criminal cases, Constitutional and administrative law limit state power and provide remedies for unlawful administrative action