Web pdf epublications introduction about juta law juta law aims to be the premier provider of legal and regulatory information and learning solutions in southern africa, meeting needs of law practitioners, students and business professionals. The national credit act has brought about a new era of consumer credit regulation and practice, which has introduced comprehensive changes to the consumer credit industry, as well as the law of contract. A treatise based on voets commentaries on the pandects, with references to the leading roman. South african administrative law is the branch of public law in that country which regulates the legal relations of public authorities, whether with private individuals and organisations or with other public authorities, or better say, in present. The south african constitutional court and the rule of law. Professor cora hoexters administrative law in south africa cape town.
Legal find laws by country or region foreign law and legal services south africa u. Afrikaans text signed by the state president law soc. Promotion of administrative justice act 3 of 2000 south african. The constitution of republic of south africa act 200 of 1993 8. Oxford university press the law of evidence in south. This booklet was designed for informal workers especially street vendors and waste pickers who work in public space in south africa. The high level of activity in the courts in response to. A treatise based on voets commentaries on the pandects, with references to the leading romandutch authorities, south african decisions, and statutory enactments in south africa, volume 1.
Tracy humby author of introduction to law and legal skills. Occupational health and safety act 85 of 1993 as amended ohsa basic conditions of employment amendment act 7 of 2018. We are pleased to offer our customers doortodoor delivery by courier anywhere in south africa. The sources of administrative law are the following. Cora hoexter is a professor in the school of law at the university of the witwatersrand, johannesburg, and is currently president of the administrative justice association of south africa. Musgrave and others published african customary law in south africa. Law reports are, of course, well known in english law, and their format in that system has been largely adopted in south africa as it has in other legal systems influenced by. The south african legal system has not only developed fascinating mixtures of civil law and common law rules over more than a century, but has also experienced a postapartheid south africa.
Pdf the application of just administrative action in the south. The application of just administrative action in the south. The constitution the constitution is the supreme highest law of south africa. This reference work contains various topics on south african law and contains over 163 titles. The operation of the rule of law south africas new constitutional dispensation 36 4. Labour smart provides a one stop service for south african labour and employment law practitioners. Administrative law in south africa paperback 2nd edition. For certain purposes, however, it is treated by law as if it is a separate legal entity. Labour law south africa, employment law south africa. From 1806 to 1910 the cape remained a british colony. The topic i was asked to address this meeting on is the rule of law in south africa. Of particular interest is the way in which so many branches of law have been infused by basic constitutional values. This means that the level of a countrys democracy is determined by its adherence to the.
The constitution is the highest and most important law in south africa. The obligation to uphold the rule of law is an integral part of the overall commitment to governance and democracy by african heads of state and government. The law of south africa is an encyclopedic collection of south african law. The sources of law where the law comes from in south africa are. Using south africas administrative law to protect the. Aug 01, 2015 justices of the peace and commissioners of oaths act 16 28 apr 1999 labour relations act 66 of 1995 1 mar 2015 land survey act 8 of 1997. Handbook of south african law of maintenance is a concise exposition of the common law and statutory provisions relating to the law of maintenance. South african administrative law is the branch of public law in that country which regulates the legal relations of public authorities, whether with private individuals and organisations or with other public authorities, or better say, in presentday south africa, which regulates the activities of bodies that exercise public powers or perform. Pty ltd 20102020 7th floor, mandela rhodes place, corner wale street and burg street, cape town, 8000, south africa company registration number.
Senior lecturer, faculty of law, rhodes university, south africa r. Promotion of administrative justice act 3 of 2000 page 4 of. Administrative law in south africa paperback 2nd edition r712. All offers for administrative law in south africa paperback 2nd edition. Review of the structure of the legal system and courts of. South africa has a hybrid or mixed legal system, formed by the interweaving of a number of distinct legal traditions. Administrative law southern african legal information. You will be notified of price drops for the following product. The constitution statute law common law customary law court decisions.
Just as statutory law needed improvement to fit in with constitutional practices, customary law can be developed in the same way to remove elements that could take south. Several provisions of the constitution are of significance to administrative law and to the conduct. Juta 2007 has quickly come to be regarded as the baxter of the constitutional era, cited frequently in the courts, and leading the way in the development of concepts key to the success of this field of law. Chapter 1 introduction to the promotion of administrative. The world justice project defines rule of law as the process by which the laws in a democracy are enacted, administered, and enforced is accessible, fair, and efficient. Oct 27, 2017 south african administrative law is the branch of public law in that country which regulates the legal relations of public authorities, whether with private individuals and organisations or with other public authorities, or better say, in present. The national credit act has brought about a new era of consumer credit regulation and practice, which has introduced comprehensive changes to. A treatise based on voets commentaries on the pandects, with references to the leading romandutch authorities, south african decisions, and statutory enactments in south africa, volume 1 the common law of south africa. Summary of the unisa administrative module summary was done in 2014. As a general rule, south africa follows english law in both criminal and civil procedure, company law, constitutional law and the law of evidence.
For the obvious reason that the state known as south africa since 1910 was created from british colonies in 1910, and continued to be a british dominion in the subsequent decades, south african public law hardly contained any elements drawn from the civil law systems of continental europe. South african constitution 1955,and an entire chapter of that work was devoted to a discussion of delegated legislation and the administrative process chapter xiv, contributed by m l mitchell. For example, a partnership may sue or be sued in its business name. It will be of great assistance to candidate attorneys and pupils at the bar for examination preparation, and a useful resource for prosecutors, legal advisers and. Patria potestas was not recognised in holland35 and, as in most european countries. This handbook is suitable for practitioners and justice officials as a ready reference to every aspect of maintenance law. Measuring judicial performance and meeting standards. Pdf administrative law, and more specifically administrative justice, is becoming. Apr 28, 2017 cora hoexter is a professor in the school of law at the university of the witwatersrand, johannesburg, and is currently president of the administrative justice association of south africa. During the past ten years of democracy in south africa, admin, 1. The south african history of the rule of law and rechtsstaatlichkeit. Mogoeng stated that customary law should not necessarily be viewed as backwards or incompatible with south africas progressive constitution and the bill of rights. Coincidental with the rise in executive power in the state, some means of regulating the exercise of that power must be developed.
Creator hutchison, dale subjects contracts south africa. Fairness and natural justice in english and south african law. However, this is the least important reason for studying administrative law, or it should be. Basic principles is eminently suitable as a core text for students who are studying the law of evidence as a module of the llb degree, and also as a basic reference work for postgraduate students. It aims to enable students to know the important and sophisticated body of law governing the exercise and control of public power in south africa. Preamble whereas section 33 1 and 2 of the constitution provides that everyone has the. Unfair dismissal description the code of good practice on dismissal is a vitally important document in the labour relations act, which should be studied by any party referring or defending a dispute in the ccma or a council relating to dismissal and incapacity cases. Compensation for injury and occupational diseases act of 1993 coida constitution of the republic of south africa 1996. Political interference weakening the rule of law in sa. In that year the national party came to power and began the official pursuit of. Legal practice act 28 of 2014 south african government. All laws and state actions must be in line with the constitution. Access study documents, get answers to your study questions, and connect with real tutors for llb adl2601. Constitution of the republic of south africa, 1996.
The statutory responsibilities and related assurances to abide by the. Section 1 spells out thefollowing values ofrepublic south africa. Separate representation of voters act 46 of 1951 3. Jan 01, 2004 the south african legal system has not only developed fascinating mixtures of civil law and common law rules over more than a century, but has also experienced a postapartheid south africa. We specialise in public training, inhouse training, and weekly webinars covering all labour law requirements such as disciplinary hearings, employment equity, collective labour relations, the labour relations and basic conditions of employment acts. Affordable medicines trust v minister of health 2005 zacc 3. Administrative law is a final year course for the llb degree and offered over the whole year as a single course. Justices of the peace and commissioners of oaths act 16 28 apr 1999 labour relations act 66 of 1995 1 mar 2015 land survey act 8 of 1997. Tracy humby is the author of introduction to law and legal skills in south africa 4.
Challenges to the rule of law in africa international idea. Unfair dismissal, document, labour law, south africa, pdf. Available in online and in print as 63 hard cover title volumes and a 2 volume lawsa supplement. Downloads your guide to labour law in south africa. Although a civil marriage is often preceded by an engagement, an.
Ilo, profile of south africa employment protection legislation south africa laws and cases on lexis. Environmental governance is a relatively novel term in south african law. It provides guidance to employers on the various aspects of dismissal, fair procedure, and substantive fairness. South african administrative law under the apartheid regime did little to constrain executive abuse of power. The rapid growth in administrative law over the past 60 years or so should surprise no practising lawyer. The origin of adoption in south africa 1 introduction. Jan, 2017 handbook of south african law of maintenance is a concise exposition of the common law and statutory provisions relating to the law of maintenance.
South african courts traditionally follow the english law by classi fying the functions of the administration into four broad categories. But in the three dutch overseas possessions that became british as a result of the napoleonic wars the old uncodified romandutch law persisted and remained the foundation of the local common law. University of south africa muckleneuk, pretoria pvl2601120122015 98758411 3b2 the study guide reflects the law as at 1 august 2011. The practice of law reporting in english law dates from at least the thirteenth century, 7. This commitment was expressed in the au constitutive act during the period of transformation of the organisation of african unity oau into the au. Therepublic of south africa is one, sovereign, democratic state founded on the following values. Pursuing good governance administrative justice in common. Administrative law in south africa paperback 2nd ed. Administrative law under south africas interim oxford academic. In the first instance, the note provides an overview of the masethla case. The modern natives, alias bantu as they are now known in south africa by government ukase, alias africans as they are popularly referred to in many parts of the world, are their direct descendants. Corporate and business law south africa specimen answers section a 1c 2c 3 a 4b 5a section b 1 a a partnership is not a separate legal entity with separate legal personality.
Handbook of the south african law of maintenance lexisnexis sa. The promotion of administrative justice act administrators guide. No full conceptualisation will be forthcoming in this article, though the polyvalence of the rule of law is an important theme. Juta 2007 has quickly come to be regarded as the baxter of the constitutional era, cited frequently in the courts, and leading the way in the development of concepts key to the success of this. South african administrative law is the branch of public law in that country which regulates the legal relations of public authorities, whether with private individuals and organisations or with other public authorities, or better say, in presentday south africa, which regulates the activities of bodies that exercise public powers or perform public functions, irrespective of whether those. Sep 01, 2016 the obligation to uphold the rule of law is an integral part of the overall commitment to governance and democracy by african heads of state and government.
The constitution the constitution of the republic of south africa 108 of 1996 2. We specialise in public training, in house training, and weekly webinars covering all labour law requirements such as disciplinary hearings, employment equity, collective labour relations, the labour relations and basic conditions of employment acts. Tracy humby author of introduction to law and legal. Unbranded administrative law in south africa paperback 2nd edition. It has a number of specific legal rules and it gives legislatures the power to make written. The code of good practice on dismissal is a vitally important document in the labour relations act, which should be studied by any party referring or defending a dispute in the ccma or a council relating to dismissal and incapacity cases.
1108 1316 185 896 283 1485 10 33 1292 1571 661 953 1139 1023 884 1161 956 376 284 1642 835 887 329 697 978 651 928 492 1362 489 97 266 1331 248 515