The law is a system of rules generally applied by a number of institutions to regulate human behavior. It shapes politics, business and society in many ways. There are different types of law, namely contract law, property law, fiduciary law, criminal law, constitutional law and administrative law. Constitutional law provides a framework for the drafting of legislation, the protection of human rights and the election of political representatives. The law also raises important issues of equality, fairness and justice. Details of practicing lawyers can be found in Hortors Legal Diary, an annual publication of lists and contact information for law firms, practicing lawyers, judges, court staff and other legal officials. It covers all South African provinces and contains brief information for neighbouring countries such as Botswana, Lesotho, Namibia, Swaziland and Zimbabwe. South Africa is a unitary state with nine provinces; Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West and Western Cape. Each province is governed by a premier and an executive council. Please contact us law-academicresearch@unimelb.edu.au if you have any corrections, suggestions or comments on the guide.

The South African judicial system is organized according to a clear hierarchy by Chapter 8 of the Constitution of the Republic of South Africa, in particular Article 166, and consists (from lowest to highest court): In 2002, the Court addressed the right to health care and access to HIV/AIDS treatment as part of the Action Campaign Against Treatment of Ministers of Health. and specifically ordered that this right be extended to nevirapine to HIV-infected mothers and their newborns in public health facilities under certain circumstances and conditions. As a former English colony, the legal profession follows the legal profession in the United Kingdom, as a distinction is made between barristers and solicitors. It is also called the profession of reference, which means that a client must first consult a lawyer in each case, who in turn will hire a lawyer. Members of the European Parliament enjoy freedom of expression in Parliament as long as they respect parliamentary rules. They cannot be prosecuted, arrested, imprisoned or paid in damages for anything they say, produce or present to Parliament or its committees. Starting at 6. In April 1652, the Dutch landed at the Cape of Good Hope, and the Romano-Dutch legal system and its legislation and laws became increasingly established until the Union of South Africa was formed as a dominion of the British Empire on 31 May 1910. Even then, and to this day, wherever English law does not exist, Roman-Dutch law forms the foundation to which South Africa looks in its quest for clarity in its law. [ref. needed] South Africa is a member of the Commonwealth and the United Nations. [2] «Researching South African Law» by Amanda Barratt and Pamela Snyman, March 2005.

www.nyulawglobal.org/globalex/south_africa.htm lawyers (also called lawyers), on the other hand, have the full right to appear before all courts and are litigation specialists. Senior counsel (usually those who have been practicing for 10 years) can apply for «silk» and are called «senior counsel» (SC). Generally, lawyers are specialists in certain fields and can only act on behalf of a client if they have received instruction from a lawyer. You can`t recruit customers directly.[4] (In many ways, the profession reflects this in Britain.) At the end of the African continent is an Eldorado in the form of South Africa. Located at the southern tip of the continent, it`s no wonder that South Africa is often considered another African country. In fact, South Africa is outside of Africa (if you`ll pardon the pun) and is considered the Golden Dreamland, not only because of its supposed natural gold deposits, but also because of its history and liberation struggles, first led by Gandhi and later by Nelson Mandela. As a highly modernized and developed state, with a high quality of life, a rule of law based on the supremacy of a constitution and a bill of rights, natural beauty, endless coastline and Louis Vuitton or Christan Lacroix. It`s easy to believe why you might leave Africa! The socio-economic rights enshrined in the Bill of Rights have forced the Court to make difficult decisions and reflect on how to balance fundamental rights with limited state resources. In Government of the RSA v. Grootboom in 2000, the Court dealt with the right to housing provided for in the Bill of Rights. Ignored by the apartheid government, the acute housing shortage was a problem that the new government had to eliminate.

The Court ordered the new Government, within available resources, to develop and implement a comprehensive programme for the progressive realization of the right of access to adequate housing. This is a general guide to help you explore all aspects of South African law. See also the South Africa page in our Human Rights Law Research Guide. The country has three capitals: the administrative capital/seat of government is Pretoria, the legislative capital is Cape Town and the judicial capital is Bloemfontein. This research guide is prepared and maintained by the MLS Academic Research Service, Melbourne Law School. [3] www.constitutionalcourt.org.za/site/thecourt/history.htm#cases Once a bill is presented to Parliament, it must be placed in one of the 4 categories above by the Joint Marking Mechanism (JTM). This is called «marking» and determines the procedures that the bill must follow to become law. The JTM consists of the Spokesperson and Deputy Spokesperson, as well as the President and Permanent Vice-President of the Council. These officials are assisted by parliamentary legal advisers.

All appeals, criminal or civil, are heard by the Supreme Court of Appeal, based in Bloemfontein. It consists of 3 to 5 judges and, as South Africa`s highest court, receives all cases from the high courts. Only the Supreme Court of Appeal can change one of its own decisions. [5] Paragraph 392 of the judgment. 41.208.61.234/uhtbin/cgisirsi/20120919161228/SIRSI/0/520/J-CCT3-94 lawyers work in law firms, and in recent years several international law firms have established themselves in Johannesburg or merged with South African firms. Lawyers, on the other hand, practice in private practice (as in barristers), are members of a bar and are independent practitioners. There is a bar at the seat of each provincial and local division of the High Court of South Africa. You may be wondering what is the difference between lawyers and lawyers? Quite simply, it is a number of zeros! (Lawyers sign more zeros on their invoices than a lawyer, although this trend is changing rapidly in large law firms.) The president is the head of state and governs with a cabinet composed of ministers and deputy ministers who head the various departments of the national government.