Legal

The legal system in South Africa has undergone some major changes in the time since the end of apartheid. In the early days of colonization the laws of the country were based on a blend of Roman-Dutch merchant law and English common laws that covered personal issues. The first European based laws were brought to the country by the Dutch East India Company as the set up trading stations and ports for their fleets of mercantile vessels plying the waters from the Far East. Today with the unification of the country the legal system still follows many of the laws that were brought in by the Dutch and English colonists, however it is now mixed together with many of the indigenous or African Customary Laws. This allows for the laws to be applied more evenly across the entire population far more fairly than at any time in modern history.

These laws were for many years exceptionally racist in that blacks for the most part had very little recourse when it came to the legal system in place. In fact for many years the black population was carefully controlled and separated into territories that were heavily controlled by the white minority. In 1994 this all changed with the end of apartheid. While the majority of the laws were left in place, they were applied equally across the nation and both blacks and whites. Following the adoption of the new constitution in 1996 the legal system in South Africa was divided into four distinct sections. Statutory laws must be created by the legislative body and govern the manner in which the government operates, the most important laws to come under this heading are those contained in the new constitution. Common laws still apply in the country and are based on the old Roman-Dutch laws that were on the books along with specific case histories that proved the laws worked.

The legal system in South Africa also recognizes and incorporates African customary laws and of course the government recognizes International laws where they apply. It should however be noted that customs do not necessarily create the laws, but rather they serve to advise on the ideals of the particular laws and to help ensure that they are properly applied in each case. In South Africa you will find that a vast section of the laws are based on common laws and the precedents with which they are set. When it comes to interpreting the legal system, the laws and how they should be applied you need a law firm that has been in business long enough to understand not only the laws that are being made today, but those from yesteryear. At Webber Wentzel you will find a legal firm that has been in business for over 140 years. Their team of expert lawyers can help you or your business wade through the wide spectrum of laws in South Africa and is dedicated to helping black lawyers advance in the legal profession and begin their careers in the legal system of South Africa.