1. Introduction to law Business & Commercial Law 2014
Law for Tourism 2014
Media Law 2014
Corporate Law 2014
Introduction to law

2. Outcomes Understand the origins & sources of our law
Understand the doctrine of Stare Decisis
Understand the hierarchy & functioning of our courts
Be able to discuss alternative dispute resolution

3. What is law? A set of rules Different types of rules
Social, moral, religious etc
The law is a set of legal rules
Is however influenced by the social, moral and religious rules of that particular society

4. Law (a simple definition)
Law is a set of rules governing human conduct, recognised as binding by people and enforced by the State

6. Division of law Substantive Law Adjective Law
The context & meaning of laws
How the substantive law is enforced
The Law
Public Law
Private Law
Public International Law
Law of Persons
Constitutional Law
Family Law
Administrative Law
Property Law
Criminal Law & Procedure
Law of Succession
Civil Law & Procedure
Immaterial Property Law
Law of Evidence
Law of Delict

7. The SA Legal System Origins of our law
Our law is based on Roman-Dutch Law and is also influenced by Roman Law & English Law

8. The Sources of our Law Legislation (Acts or statutory law) Common Law
The Constitution
Common Law
Judicial Precedent ( Stare Decisis)
Customary Law
Old Authorities
Foreign Law & Textbooks etc (persuasive)

9. Example – Consumer Protection Act 68 of 2008

10. The concept of Stare Decisis
Courts are bound by their previous decisions & by the previous decisions of higher courts
All courts bound by SCA
High Courts bound by previous decisions in that division (unless convinced decision was wrong)
Mag Courts bound by all High Court decisions in division

11. Ratio vs Obiter Ratio decidendi Obiter dictum
The reason for the Courts decision
Is binding
Obiter dictum
By the way – incidental & therefore not binding

12. The Divisions of Power
Legislature – makes the law Executive – implements & enforces the law Judiciary – interprets the law & determines disputes

13. The Magistrates’ Courts
Court System
Constitutional Court
Supreme Court of Appeal
The High Court
Provincial & Local Divisions
Specialised Courts
The Magistrates’ Courts
Regional Courts
District Courts
Small Claims Court

14. Civil Procedure
Civil procedure provides the rules for civil matters in the Courts
Litigation commences by way of either an application or an action procedure

15. Action Procedure Summons Appearance to defend
Request for further particulars
Reply
Plea (& counterclaim)
Discovery
Trial
Judgment
Appeal
Execution

16. Application Procedure
Notice of Motion with Founding Affidavit
Answering Affidavit
Replying Affidavit

17. Criminal Procedure Complaint laid at SAPS Arrest & charged Bail Plea
Trial
Verdict
Evidence in mitigation / aggravation
Sentencing
Appeal

18. The problems with the Court system
Adversarial
Time consuming
Costly

19. Alternative Dispute Resolution
Negotiation
Mediation
Arbitration

20. The Law of Contract
A contract “can be described as an agreement concluded by two or more persons with the serious intention of creating legally enforceable obligations”.
Havenga (2010)

21. Requirements of a valid contract
Consensus
Capacity to Act
Legality
Possibility of Performance
Formalities