Legal Framework
From The Report: South Africa 2012
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The South African legal system is built upon the foundation of the common law. In this light, legislation in South Africa should be seen as a body of law that has been superimposed and embedded upon the common law. The common law consists of that entire body of law that is not found in legislation. As such, in instances where legislation is silent, the common law will still apply. It is to be remembered, however, that all laws in South Africa must be consistent with and remain subject to the…

Since 1994, the South African economy has been profoundly transformed and consistent economic growth has been recorded. Despite these successes, the government recognised that as long as the economy continued to be characterised by strong gender or racial inequalities, South Africa would be socially and politically unstable. Thus, the government set about to adopt meaningful strategies and policies that would include the participation of the majority of South Africans in its economy. One such…

In South Africa ordinary common law contractual principles originally formed the primary basis of employment regulation in the private sector. As such, the employment contract rather than legislation tended to be pivotal in determining the content of employment relationships. The result was an employment dispensation that tended to suit employers as the stronger bargaining party in the pre-employment negotiation process. This position was exacerbated by the institutionalised system of apartheid…

South Africa has a well-developed system of intellectual property (IP) laws. Developments in Europe are of significance here, and our legislation and case law follow the European position in many respects. IP rights are enforced by the civil courts, and, except for patents, we do not have a system of specialised courts. The highest body in terms of normal law is the Supreme Court of Appeal, whose judgments create precedent and are binding on all lower courts. It is possible to appeal on constitutional…

The real estate regime is heavily legislated and creates a definite framework within which persons may own property. South Africa has a first-class definitive registration system, with property rights protected by the 1996 Constitution of the Republic of South Africa. PROPERTY RIGHTS: Within the constitution is the Bill of Rights, which restricts the deprivation of property, except in the case of expropriation in terms of a law of general application. In such an event expropriation must be…