Introduction

Common law is a legal system that is based on the decisions of judges in previous cases. This means that the law is not set in stone, but can evolve over time as judges make new decisions. Common law is the basis of the legal systems of many countries, including South Africa.

History of Common Law in South Africa

The common law system in South Africa dates back to the 17th century when the Dutch first settled in the Cape Colony. The Dutch brought their own legal system with them, which was based on Roman law. This system was later modified by the British, who took control of the Cape Colony in the 18th century. The British brought their own common law system with them, and the two systems eventually merged to form the modern South African common law system.

Sources of Common Law in South Africa

The common law in South Africa is derived from three main sources:

• Statutes: Statutes are laws that are passed by Parliament. They are the supreme source of law in South Africa and can override the common law.
• Case law: Case law is the law that is developed by judges in their decisions. When a judge makes a decision in a case, that decision becomes binding on other judges in future cases with similar facts.
• Customary law: Customary law is the law that is followed by traditional African communities. It is not a formal system of law, but it is recognized by the South African Constitution.

The Role of Common Law in South Africa

The common law plays an important role in South African law. It provides the foundation for many areas of law, including contract law, tort law, and property law. The common law is also used to fill in gaps in the law where there are no statutes or customary law rules.

The Future of Common Law in South Africa

The common law is likely to continue to play an important role in South African law for many years to come. However, it is also likely to evolve over time as judges make new decisions and as society changes. The South African Constitution guarantees the right to equality and human dignity, and these principles are likely to have a significant impact on the development of the common law in the future.

Conclusion

The common law is a complex and evolving system of law. It is important to understand the sources of common law in South Africa and the role that it plays in the legal system. The common law is likely to continue to play an important role in South African law for many years to come.

In addition to the above, here are some other key points about common law in South Africa:

• The common law is not codified, meaning that it is not set out in a single document. Instead, it is derived from a variety of sources, including statutes, case law, and customary law.
• The common law is flexible and adaptable, which allows it to evolve over time to meet the changing needs of society.
• The common law is based on the principle of precedent, which means that judges are bound by the decisions of previous judges in similar cases.
• The common law is a fundamental part of the South African legal system and plays an important role in protecting the rights of individuals.