Legal Issues in South Africa
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. From 6 April 1652, the Dutch landed at the Cape of Good Hope, the Romano-Dutch legal system and its legislation and laws increasingly prevailed, until 31 May 1910, the Union of South Africa was formed as a dominion of the British Empire. 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. 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. These traditions had a complex relationship, with English influence most clearly expressed in procedural aspects of the legal system and jurisprudential methods, and Romano-Dutch influence most clearly expressed in its substantive private law. [2] As a general rule, South Africa follows English law in matters of criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in South African contract law, tort law, personal law, substantive law, family law, etc. With the entry into force of the interim constitution in 1994 and its replacement in 1997, the final constitution, another component was added to this fabric. Technology opens up new fields of practice: innovations such as autonomous vehicles, the use of drones and the effects of climate change offer new ways of working in legal matters. Until 1795, the Seven United Provinces of Holland were an independent sovereign state.
Together with the other territories of the Netherlands, it was organized into a fairly free political entity known as the Republiek der Vereenigde Nederlanden (United Republic of the Netherlands). [12] Originally it was a rural area, but rapid development in the 15th century turned it into a commercial center. The old Germanic customary law was no longer able to settle disputes in everyday trade, and the Dutch turned to more advanced Roman law. They adopted it and changed their lives so well that the great Dutch jurist Hugo de Groot (Grotius) in the early 17th century was able to call this fusion (or combination) of Dutch and Roman principles a “new” legal system with its own content. Thus began Romano-Dutch law. It would later form the basis of today`s common law in South Africa in a form that had been extended by the so-called placaats, the legislation of the time. [12] [Johannesburg, May 10, 2021] It`s no secret that technology is changing the face of legal practice. A quick look around the world at how legal technology is received is summarized in the following statistics: Although legal education at university is the same for a career as a lawyer or lawyer (BA, LLB or LLB, LLM), the educational paths are separate. Lawyers undergo a 2-year training course known as articles in a law firm, followed by exams. Lawyers undergo a 1-year training course known as pupillage, are assigned to a “Master`s degree” in private practice, and the training includes advocacy, drafting and litigation (but not transfer of ownership), among others.
The new South Africa shows few remnants of the apartheid regime, which can now be found carefully archived in museums, old legal reports and government newspapers or in the memoirs of former political prisoners. Perhaps the most important and important change was the dismantling of the legal edifice that allowed the apartheid regime to function so well. Thanks to a radical overhaul in 1994, an apartheid state was instantly transformed into a constitutional democracy [1]. Below you will find an overview of the sources of the law, the reformed legal system, the legal profession (which has remained unchanged despite the fact that a draft law on legal practitioners has been pending in Parliament for several years) and, finally, an overview of some controversial decisions of the Constitutional Court that illustrate the commitment of the judiciary to the new legal order. [2] “Researching South African Law” by Amanda Barratt and Pamela Snyman, March 2005. www.nyulawglobal.org/globalex/south_africa.htm 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. Ntshangase was vice chairman of a subcommittee of the Mfolozi Community Environmental Justice Organization, a community-based organization that publicly denounced the coal mine`s impact on their health and livelihoods and legally challenged the eviction of 19 families from their ancestral lands to make way for the expansion of a coal mine. As of November 2021, there had been no arrests related to Ntshangase`s assassination. Law firms looking to capitalize on these opportunities can look to LexisNexis as one of the first companies dedicated to collecting, organizing, and analyzing what we now call big data.
Our main goal is to promote the rule of law by enabling lawyers to realize their passion for providing legal services and solutions to their clients and society at large without having to worry about being usurped by technology. New talent and hiring strategies: Artificial intelligence is replacing workers who perform purely repetitive tasks and changing the roles of other lawyers. In addition, the legislation has also created a number of specialized courts to deal with specialized areas of law of importance to the public and to avoid a delay in the main infrastructure of law administration. These courts exist alongside the judicial hierarchy; Their decisions are therefore subject to the same appeal and review procedure by the ordinary courts, from a certain level, depending on the specialised court concerned. Within these specialized courts, there are, to name but a few, the Court of Appeal for Competition, the Electoral Tribunal, the Land Claims Tribunal and the Labour and Labour Court of Appeal. [10] Technical trends emerging from 4IR include: However, in addition to the many positive outcomes and opportunities offered by these new innovations, there are ethical issues and risks for a new generation of lawyers, including the rise of digital social movements, cybercrime, threats to data transparency and accountability. The behaviour and capacity of the South African Police Service (SAPS), in particular respect for the lawful use of force and its ability to respond to disturbances in a rights-respecting manner, remains of serious concern. The authorities have yet to end the widespread impunity that encourages abusive police behaviour. They have not allocated sufficient resources to improve police training, including training in the use of non-lethal weapons, lawful and appropriate interrogation techniques, and human rights. And finally, the Constitutional Court, which is the highest authority on constitutional matters and, since the Sixth Amendment to the Constitution of South Africa, the highest court in the country, both for constitutional matters and for all other matters. This position is legally confirmed and enshrined in the Constitution by section 167 (3) (b) (ii) of the South African Constitution, which provides that the Constitutional Court “may decide any other matter if the Constitutional Court allows the appeal on the ground that the question raises a contentious question of law of general public interest which should be considered by that Court”.
[8] [9] The Constitutional Court has the final authority to decide whether a question is constitutional or not; s167(3)(c)[8] of the Constitution of South Africa. The Constitutional Court, as the provider and guardian of the Constitution, is constantly concerned about how sensitive socio-economic and political legal issues can be recognized and implemented in the context of limited public resources to respect the rights of every citizen.
