South African Law

The Republic of South Africa is a constitutional state, with a supreme Constitution and a Bill of Rights. All laws must be consistent with the Constitution.

South Africa has a mixed legal system: a hybrid of Roman Dutch civilian law, English common law, customary law and religious personal law.

For more information on the history of South Africa's legal system, see:

• Researching South African Law on Globalex, by Amanda Barratt and Pamela Snyman (2018 update by Salona Lutchman).

For a detailed analysis of the role customary/indigenous law plays in South Africa's hybrid legal system, see:

•  'The Role and Importance of African Customary Law in the 21st Century South Africa' by Charles Maimela (University of Milano-Bicocca School of Law Research Paper No 19-02, 2019)

For commentary on the role religious personal and family laws play, see

• 'Deep Legal Pluralism in South Africa: Judicial Accommodation of Non-State Law' by Christa Rautenbach (2010) 60 Journal of Legal Pluralism and Unofficial Law 143-177

For a good introduction to the South African legal system, see:

The sources of South African law are:

• the Constitution: the supreme law of the country (s 2 of the Constitution)

• legislation (acts of the national and provincial legislatures, and governmental regulations) 

• common law

• judicial precedent

• customary/indigenous law 

  • Indigenous law has been defined by the Constitutional Court of South Africa as having three different forms: law practised in the community; law in statutes, case law or textbooks on official customary law; and academic law that is used for teaching purposes (Bhe v Magistrate Khayelitsha [2005] 1 SA 580 (CC) at [152]). 

• religious personal laws

• international law 

• the writings of authoritative publicists of the law.