CLA1503: UNIT 1
1. Distinguish between the origins and the sources of South
African law
Origins = Historical roots of our legal system
Roman Law: Ancient foundation, especially in private law
Roman-Dutch Law: Mix of Roman law + Dutch customary law
English Law: Brought during British colonial rule, influences areas like criminal
law and procedure
Sources = Where law comes from today
Authoritative (binding):
Constitution (supreme law)
Legislation (statutes made by Parliament)
Judicial precedent (decisions by higher courts)
Customary law (if reasonable, clear, and widely followed)
Persuasive (non-binding):
Academic writings
Foreign law
International law (courts must consider when interpreting Bill of Rights)
2. Identify the various courts in South Africa, as well as their
functions, jurisdiction and officers
Superior Courts
Constitutional Court: Highest court; hears constitutional matters
Supreme Court of Appeal (SCA): Appeals from High Court (not constitutional
matters)
High Court: Handles serious cases; has original and appellate jurisdiction
CLA1503: UNIT 1 1
, Lower Courts
Magistrates’ Courts: Handle minor civil (up to R400,000) and criminal cases
(up to 15 years jail)
Small Claims Court: Civil claims up to R20,000; no legal representation
Specialised Courts: Labour Court, Land Claims Court, Electoral Court, etc.
Equality Courts: Handle unfair discrimination and hate speech
Important Court Officers
Registrar, Sheriff, Master of the High Court
Legal professions: Advocates (mainly High Courts), Attorneys (mainly
Magistrates’ Courts)
3. Explain the operation and effect of the doctrine of stare decisis
Stare decisis = “Let the decision stand”
Courts follow previous decisions to ensure consistency and legal certainty
Ratio decidendi (reason for the decision) is binding
Obiter dictum (incidental comment) is persuasive only
A court is:
Bound by decisions of higher courts
Usually bound by its own prior decisions unless clearly wrong
Magistrates’ courts are bound by the High Court in their area
4. Apply the various theoretical rules and methods used to
interpret statutes
Statutory interpretation = Finding the meaning of legislation
Consider text + context + purpose
Influenced by the Constitution:
Promote values like dignity, equality, and freedom
CLA1503: UNIT 1 2
, Prefer interpretations consistent with the Bill of Rights (Section 39)
Consider international law (must), foreign law (may)
General interpretation principles:
Meaning comes from the whole Act, not isolated words
Prefer interpretation that aligns with the purpose of the law
Interpretation Act 33 of 1957 helps with definitions, time, distance, and legal
language
5. Describe the contents and typical aspects of a court
judgement
Key elements of a judgment:
Case name and citation (e.g. 2006 (6) SA 208 (SCA))
Judges and advocates involved
Flynote and headnote: Short summaries of facts and decision
Ratio decidendi: Core legal reason for decision (binding)
Order: Final result of the case (e.g. appeal upheld/dismissed)
Obiter dicta: Additional comments or examples (not binding but persuasive)
Terms:
Confirmed, Overruled, Distinguished, Dissented from, etc.
6. Differentiate between the ratio decidendi and an obiter dictum
Term Meaning Legal Effect
Ratio decidendi The legal principle or reason for the decision Binding on lower courts
Obiter dictum Extra comments, examples, or side remarks Persuasive only
Only ratio decidendi forms precedent under stare decisis
Obiter dicta may influence future rulings but do not bind judges
CLA1503: UNIT 1 3
, CLA1503: UNIT 2
1. Define the term “law”
Law is a system of rules that governs relationships between people and
institutions in a society.
It regulates behavior, ensures order, and provides remedies for disputes.
Legal science studies these rules and how they apply in different social and
legal contexts.
2. Differentiate between different divisions and subdivisions of
law
Main Division Description Subdivisions
Regulates relationships International law, Constitutional law,
Public Law between the state and Administrative law, Criminal law,
individuals Procedural law
Regulates relationships Law of persons, Family law, Law of
Private Law
between individuals personality, Patrimonial law
Sale, lease, agency, insurance, security,
Commercial
Business-related legal rules companies, partnerships, consumer law,
Law
tax law, etc.
3. Describe patrimonial law
Patrimonial law governs legal relationships involving a person’s assets and
liabilities.
It includes:
Law of property: Ownership, possession, real rights, servitudes, mortgage
and pledge.
Law of obligations: Contracts, delict, unjustified enrichment.
Law of succession: Distribution of a deceased person’s estate.
CLA1503: UNIT 2 1
1. Distinguish between the origins and the sources of South
African law
Origins = Historical roots of our legal system
Roman Law: Ancient foundation, especially in private law
Roman-Dutch Law: Mix of Roman law + Dutch customary law
English Law: Brought during British colonial rule, influences areas like criminal
law and procedure
Sources = Where law comes from today
Authoritative (binding):
Constitution (supreme law)
Legislation (statutes made by Parliament)
Judicial precedent (decisions by higher courts)
Customary law (if reasonable, clear, and widely followed)
Persuasive (non-binding):
Academic writings
Foreign law
International law (courts must consider when interpreting Bill of Rights)
2. Identify the various courts in South Africa, as well as their
functions, jurisdiction and officers
Superior Courts
Constitutional Court: Highest court; hears constitutional matters
Supreme Court of Appeal (SCA): Appeals from High Court (not constitutional
matters)
High Court: Handles serious cases; has original and appellate jurisdiction
CLA1503: UNIT 1 1
, Lower Courts
Magistrates’ Courts: Handle minor civil (up to R400,000) and criminal cases
(up to 15 years jail)
Small Claims Court: Civil claims up to R20,000; no legal representation
Specialised Courts: Labour Court, Land Claims Court, Electoral Court, etc.
Equality Courts: Handle unfair discrimination and hate speech
Important Court Officers
Registrar, Sheriff, Master of the High Court
Legal professions: Advocates (mainly High Courts), Attorneys (mainly
Magistrates’ Courts)
3. Explain the operation and effect of the doctrine of stare decisis
Stare decisis = “Let the decision stand”
Courts follow previous decisions to ensure consistency and legal certainty
Ratio decidendi (reason for the decision) is binding
Obiter dictum (incidental comment) is persuasive only
A court is:
Bound by decisions of higher courts
Usually bound by its own prior decisions unless clearly wrong
Magistrates’ courts are bound by the High Court in their area
4. Apply the various theoretical rules and methods used to
interpret statutes
Statutory interpretation = Finding the meaning of legislation
Consider text + context + purpose
Influenced by the Constitution:
Promote values like dignity, equality, and freedom
CLA1503: UNIT 1 2
, Prefer interpretations consistent with the Bill of Rights (Section 39)
Consider international law (must), foreign law (may)
General interpretation principles:
Meaning comes from the whole Act, not isolated words
Prefer interpretation that aligns with the purpose of the law
Interpretation Act 33 of 1957 helps with definitions, time, distance, and legal
language
5. Describe the contents and typical aspects of a court
judgement
Key elements of a judgment:
Case name and citation (e.g. 2006 (6) SA 208 (SCA))
Judges and advocates involved
Flynote and headnote: Short summaries of facts and decision
Ratio decidendi: Core legal reason for decision (binding)
Order: Final result of the case (e.g. appeal upheld/dismissed)
Obiter dicta: Additional comments or examples (not binding but persuasive)
Terms:
Confirmed, Overruled, Distinguished, Dissented from, etc.
6. Differentiate between the ratio decidendi and an obiter dictum
Term Meaning Legal Effect
Ratio decidendi The legal principle or reason for the decision Binding on lower courts
Obiter dictum Extra comments, examples, or side remarks Persuasive only
Only ratio decidendi forms precedent under stare decisis
Obiter dicta may influence future rulings but do not bind judges
CLA1503: UNIT 1 3
, CLA1503: UNIT 2
1. Define the term “law”
Law is a system of rules that governs relationships between people and
institutions in a society.
It regulates behavior, ensures order, and provides remedies for disputes.
Legal science studies these rules and how they apply in different social and
legal contexts.
2. Differentiate between different divisions and subdivisions of
law
Main Division Description Subdivisions
Regulates relationships International law, Constitutional law,
Public Law between the state and Administrative law, Criminal law,
individuals Procedural law
Regulates relationships Law of persons, Family law, Law of
Private Law
between individuals personality, Patrimonial law
Sale, lease, agency, insurance, security,
Commercial
Business-related legal rules companies, partnerships, consumer law,
Law
tax law, etc.
3. Describe patrimonial law
Patrimonial law governs legal relationships involving a person’s assets and
liabilities.
It includes:
Law of property: Ownership, possession, real rights, servitudes, mortgage
and pledge.
Law of obligations: Contracts, delict, unjustified enrichment.
Law of succession: Distribution of a deceased person’s estate.
CLA1503: UNIT 2 1
