Results 1 to 1 of 1

Thread: Case law: How it works in practice

  1. #1
    Diamond Member Vanash Naick's Avatar
    Join Date
    Sep 2011
    Thanked 694 Times in 607 Posts
    Blog Entries

    Wink Case law: How it works in practice

    There are 5 authoritative sources of South African Law: Legislation, Case law, Common Law, African Indigenous law and Custom Law.
    The 3 separate branches of government are: 1: Legislature- creates, amends and repeal law(those 400 people in parliament; 2: Executive-execute and enforce law(police); 3: Judicial Authority, court system: which interprets and applies law.
    Legislation is simply written law eg. The marriage Act 25 of 1961(as amended). Section 29(2) of this Act states that a marriage must be solemnised in a church or other building used for religious services or in a public office or private dwelling house with open doors and in the presence of the parties themselves and at least 2 competent witnesses.
    Should there be any dispute of this law, only the courts have the power to interpret it, that is, they conclude/decide what the law makers in parliament intended for this law to mean. This then manifests itself in the form of case law.
    Example: Ex Parte Dow.In this case a husband wanted an annulment of his marriage on the basis that it had been solemnised in the garden of a private dwelling house and not in the house as is required by section 29(2)
    The court concluded that marriage is such a serious relationship and the consequences of an annulment so far reaching that the legislator could not have intended the marriage to be void if the 2 letter word “in” was not complied with.

  2. Thanks given for this post:

    Dave A (07-Dec-11)

Similar Threads

  1. [Question] Legal position regarding unethical practice in a sport club?
    By Mark Atkinson in forum General Business Forum
    Replies: 5
    Last Post: 30-Nov-10, 09:48 PM
    By manhav in forum Labour Relations and Legislation Forum
    Replies: 0
    Last Post: 24-Aug-10, 02:51 PM
  3. Escrow agents? Regulated or just ethical business practice?
    By Inprogress in forum General Regulatory Compliance Forum
    Replies: 6
    Last Post: 06-Mar-10, 10:54 AM
  4. Replies: 10
    Last Post: 28-Apr-09, 07:44 PM

Tags for this Thread

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts