Historical Sources of South African Law
Roman Law
Foundation of Western European Legal System
Originated from primitive customs and evolved into an intricate legal system.
Influenced legal systems worldwide.
Development Through History
Period of the Kings: Customary law dominated.
Republican Period: The Twelve Tables were introduced to regulate social and commercial
interactions.
Period of Emperors: The Roman legal system reached its peak.
Post-Classical Period: Division of the Roman Empire into Western and Eastern regions.
Roman law was negatively influenced by primitive German legal systems.
Justinian and the Corpus Iuris Civilis
Emperor Justinian codified Roman law into Corpus Iuris Civilis:
o Codex – Collection of legislation.
o Digesta – Extracts from works of Roman jurists.
o Institutes – Textbook for legal students.
o Novellae – Legislation enacted after the Codex.
Law of the Netherlands (Germanic Customary Law)
Developed due to expansion in trade and commerce.
Required an efficient and sophisticated system.
Roman law was integrated into the Dutch legal system in the 16th century.
This led to the formation of Roman-Dutch Law.
South African Law
Roman-Dutch Law was introduced by Jan van Riebeeck and became the foundation of
common law.
Influence of English Law:
o Local jurists studied in England.
o English court decisions were applied in South African courts.
o South African legislation was modelled on English law.
o English judges and magistrates presided over South African courts.
💡 SA Law = Roman-Dutch Law + English Law
SA Legal System: Laws vs Rights
The Law
Comprises rules that regulate society.
Examples: Criminal law, Environmental law, Intellectual Property law.
Enforced by the State through penalties or punishments.
Legal rules can be:
o Coercive: Mandatory compliance.
o Regulatory: Applied voluntarily by parties.
Rights
Legally protected interests of legal subjects in legal objects.
Roman Law
Foundation of Western European Legal System
Originated from primitive customs and evolved into an intricate legal system.
Influenced legal systems worldwide.
Development Through History
Period of the Kings: Customary law dominated.
Republican Period: The Twelve Tables were introduced to regulate social and commercial
interactions.
Period of Emperors: The Roman legal system reached its peak.
Post-Classical Period: Division of the Roman Empire into Western and Eastern regions.
Roman law was negatively influenced by primitive German legal systems.
Justinian and the Corpus Iuris Civilis
Emperor Justinian codified Roman law into Corpus Iuris Civilis:
o Codex – Collection of legislation.
o Digesta – Extracts from works of Roman jurists.
o Institutes – Textbook for legal students.
o Novellae – Legislation enacted after the Codex.
Law of the Netherlands (Germanic Customary Law)
Developed due to expansion in trade and commerce.
Required an efficient and sophisticated system.
Roman law was integrated into the Dutch legal system in the 16th century.
This led to the formation of Roman-Dutch Law.
South African Law
Roman-Dutch Law was introduced by Jan van Riebeeck and became the foundation of
common law.
Influence of English Law:
o Local jurists studied in England.
o English court decisions were applied in South African courts.
o South African legislation was modelled on English law.
o English judges and magistrates presided over South African courts.
💡 SA Law = Roman-Dutch Law + English Law
SA Legal System: Laws vs Rights
The Law
Comprises rules that regulate society.
Examples: Criminal law, Environmental law, Intellectual Property law.
Enforced by the State through penalties or punishments.
Legal rules can be:
o Coercive: Mandatory compliance.
o Regulatory: Applied voluntarily by parties.
Rights
Legally protected interests of legal subjects in legal objects.
