FSAL Semester 1
Hugh Corder
Summary of Cases and Readings
Course Reader Information
The law is anchored in social and historical context
However, the law relies on social influences and forces for its viability
It is one view that if nobody followed the l
FRANKEL'S ESTATE & ANOTHER v THE MASTER & ANOTHER 1950 (1) SA 220 (A)
1950 (1) SA p220
Citation
1950 (1) SA 220 (A)
Court
Appellate Division
Judge
Watermeyer CJ, Centlivres JA, Greenberg JA, Schreiner JA, and Van Den
Heever JA
Heard
October 4, 1949
Judgme
FOUNDATIONS OF SOUTH
AFRICAN LAW
RDL1003W/RDL 1006W
Course Outline
Term 1, 2017
2
FOUNDATIONS OF SOUTH AFRICAN LAW (RDL 1003W/RDL1006W)
COURSE OUTLINE: 1ST SEMESTER 2017
Welcome to Foundations of South African Law. The objectives of this course are to int
Plagiarism, Referencing
and Information Literacy
Elizabeth Moll
[email protected]
021 650 5691
Outcomes
Referencing
Understanding plagiarism: why is it
important
How do you avoid plagiarism
Practical referencing tips : SALJ & CF
Information
Lite
16 August 2016
Week 18, Tuesday
12 oclock lecture
indemnity acts are used to circumvant individual actions agains human rights violations
THE ORIGINS OF THE TRC AND THE ORIGINS OF AMNESTY
It is very important to distinguish between the origins of the TRC
24 August 2016
12 oclock lecture
The Klare reading:
An analogy of the tree used by the con court as its symbol was used in class, in which
we rename it the tree for tree of transfromative constitutionalsism. the tree was
further debunked in terms of havin
17 August 2016
12 oclock lecture
Remember: There is no right in the Constitution that is absolute, as they are all
capable/subject to limitations. The limited of the right must be reasonable and justifiable in
an open and democratic society. And the limit
06 September 2016
both 12 and 2pm lectures
Transformative Constitutionalism: substantive equality and judicial rights are
protected. ONCE ALL OF THESE ELEMENTS ARE IN PLACED THEN WWE
HAVE ARRIVED AT A PROGRESSIVE LEGAL CULTURE. Klare disagrees with
SA hav
08 SEPTEMBER 2016
JOEL MODIRI: THE COLOUR OF LAW, POWER AND KNOWLEGDE
Central thesis: the legacy of racist oppression continues to persist in post-aparthied South Africa.
For this reason, one must consider the implication of life under law after aparthied
In summary there are 2 major continuities
1.the simultaneous affirmation and negation of the logic of self-determination continues (although it
is expanded)= in apartheid this meant that only one body of person could vote. in pose apartheid SA
everyone's
23 AUGUST 2016
WEEK 19, TUESDAY
There are two forms of legal interpretation/reasoning: Formalism and Realism
Formalism: is the literal approach, where judges look in the dictionary for the meaning of the
word. The slogan: judges do not make the law, they
Case:
Summary:
Internal security
Detention in terms of s 29 (1) of Internal Security Act 74 of 1982
Application for the release of a detainee arrest and detention was unlawful
Arresting officer believed arrest to be on reasonable grounds
Court must determ
Huge Corder Cases
1. Inc Law Society v Wookey
Facts:
Appeal from Cape Provincial Division
Miss Wookey woman who entered into her articles with attorney in the cape province
Secretary of the Cape Incorporated Law Society refused her articles (Act 27 of 188
Leslie:
Lecture Aids
7 April 2pm
Prisoners Rights:
S 35(2)(e)
Detained (including sentenced prisoners):
o Right to be kept in conditions allowing for human dignity
o Also have right o medical treatment for state expense
Van Biljon & Others v Minister of C
28 April 2026 2pm
Lecture 1
R v Padsha
Dismiss appeal of padsha
POV that is expressed by majority judges by citing exact examples Syrians, jews expressing
a commonly understood idea among whites in RSA associate a particular part of the world with
a parti
Lecture FSAL Hugh Corder
13 April 2016 2pm (only lecture)
Critical issues that arise from this judgement:
Layout:
Citation: neural citation ZACC (South African Constitutional Court)
11 refers to the number of the case
Court put order in the beginning and
University of Cape Town
Nikita Solanki
[RDL1003W: FOURTH TERM
NOTES]
Foundations of South African law: interpretation
Contents
Topic 1: Theories of consitutional interpretation.3
Reading 1: Transformative Constitutionalism and the best interpretation of t
Foundation to South African Law
RDL1003W
Semester: 1
Quarter: 1
Nikita Solanki (SLNNIK001)
Lectures 1-3
Introduction to the Foundation of South African Law
RDL1003W
Contents
Introduction to the law:.2
Theories of law:.3
History of South African Law:.7
Cus
HOW TO READ A CASE1
WHY READ CASES?
Lawyers read cases because they are the primary source of law. To understand cases you need to
understand legal reasoning.Legal reasoning (or legal analysis) is the process of applying the law
to a set of facts to ascer
FOUNDATIONS OF SOUTH AFRICAN LAW
LECTURE 15: CUSTOM
WILLES (105-107)
1. Custom
Customs can become a binding source of law; however the onus of proving that something is a custom lies with the
party making the claim. For a custom to become legally binding
FOUNDATIONS OF SOUTH AFRICAN LAW
SOURCES OF LAW
LECTURE 7: LEGISLATION
MEINTJIES (51-59)
WILLES (46-48)
1. Meintjies
1. Concept of Legistlation
Legislation refers to the part of the law that is written down or codified into statutes. Parliament (and the s
FOUNDATIONS OF SOUTH AFRICAN LAW
LECTURE 14: AFRICAN CUSTOMARY LAW
WILLES (100-105)
1. Customary law
The term Customary law refers to the indigenous law (or custom) applied by the black tribes of the Republic.
Customary law is recognised and supported by
FOUNDATIONS OF SOUTH AFRICAN LAW
LECTURE 17 & 18: ACCESS TO JUSTICE
MEINTJIES (158-164 & 165-183)
1. Promoting access to justice in SA J. Sarkin
This article essentially gives and overview of the current developments in the legal aid system pointing out t
FOUNDATIONS OF SOUTH AFRICAN LAW
PRECEDENT
LECTURE 9: HIERARCHY OF THE COURTS
MEINTJIES (133-157)
WILLES (114-116 & 121-130)
1. South Africas Courts
Jurisdiction refers to a courts competence to hear a matter and it is affected by
(i)
geography (e.g. the
FOUNDATIONS OF SOUTH AFRICAN LAW
SOURCES OF LAW
LECTURE 6: HIERARCHY OF SOURCES THE CONSTITUTION
MEINTJIES (43-50)
WILLES (33-38)
In order to make a judgement on a certain matter, a court must cite some higher authority as basis for the decision
reached.
FOUNDATIONS OF SOUTH AFRICAN LAW
LECTURE 13: THE COMMON LAW; THE OLD AUTHORITIES
MEINTJIES (104-110)
WILLES (67-76)
1. Meintjies
1. Meanings
Common law refers to the non-statutory legal principles used by the whole country. The common law comes primarily
FOUNDATIONS OF SOUTH AFRICAN LAW
PRECEDENT
LECTURE 8: CIVIL/CRIMINAL CASES, JURISDICTION, APPEALS AND REVIEWS
MEINTJIES (68-78)
1. Meintjies
In South Africa, court cases can be divided into three distinct stages; (i) presentation of evidence, (ii) argumen
FOUNDATIONS OF SOUTH AFRICAN LAW
OVERVIEW OF THE SOUTH AFRICAN LEGAL SYSTEM
LECTURE 2: EUROPEAN LEGAL TRADITIONS IN AFRICA
MEINTJIES (17-40)
1. European Legal Traditions in Africa
1. The Development of South African Law
The Dutch East India Company instit
FOUNDATIONS OF SOUTH AFRICAN LAW
LECTURE 16: INTERACTION AND VALIDITY OF SOURCES: LEGISLATION
WILLES (39-45 & 48-51)
1. The Constitution
1. The Bill of Rights
Section 8(1) of the Constitution provides that the Bill of Rights is applicable to all forms of
