1. Business law
2017

2. Introduction
Lecturer/Facilitator Andrew Tucker B Com LLB, Attorney of the High Court of South Africa Contact details:

3. Resources

4. Books
Fouché, M.A. (et al). Legal Principles of Contracts and Commercial Law, Revised 6th edition, 2007, Lexis Nexis
Havenga, P (et al). General Principles of Commercial Law, 6th edition, 2007, Juta
Kopel, S Guide to Business Law, 4th edition, 2009 or 5th edition, 2012, Oxford University Press
Gibson, JTR. South African Mercantile and Company Law, 8th Edition, 2003, Juta.
Scott J (et al) The Law of Commerce in South Africa, 2009, Oxford University Press.

5. Introduction to law
Business law

6. What is law?
A set of rules, recognised as binding on people, and enforced by the State

7. The three branches of government

8. The legislature
Parliament makes the laws

9. The executive
The President and Ministers (Govt Depts) implement the law

10. The Courts interpret the law and settle disputes
The judiciary
The Courts interpret the law and settle disputes

11. Legal subject – someone with rights and obligations
Natural Person
A human being
Juristic person
An entity such as a company

12. Legal rights Personal Rights Real Rights Ius in personam Ius in rem
A right that is enforceable against a specific legal subject
Eg: right to sue person who caused you loss
Real Rights
Ius in rem
A right that is enforceable against the whole world
Eg: ownership

13. How laws are made

14. Simplified legislative process
New law proposed to Parliament
At least 50% of Parliament approves
People made aware of new law
New law published in Government Gazette & date of operation proclaimed

15. A brief history of South African law
South African law originated from Roman- Dutch law which the Dutch settlers brought with in 1652
When the English took over the Cape they introduced parts of English law
Our law is unique, being based on Roman- Dutch law and being influenced by English law

16. Sources of south african law
Common law
Legislation – Constitution
Judicial precedent
Customary law

17. Judicial precedent
“judge made law”
Stare decisis rule
Ratio decidendi

18. Structure of our courts
CONSTITUTIONAL COURT
SUPREME COURT OF APPEAL
HIGH COURT OF SOUTH AFRICA
MAGISTRATES’ COURT
REGIONAL COURT
DISTRICT COURT
SMALL CLAIMS COURT
COURT OF CHIEFS & HEADMEN

19. CRIMINAL & CIVIL LAW CRIMINAL CIVIL How people are expected to behave
The State vs …….
Punished by fine, imprisonment etc
CIVIL
How people behave towards each other
Plaintiff vs Defendant
Damages, specific performance etc