secondary source of law in south africa

If you are interested in researching additional secondary sources, here are a few library databases you can use. Google Scholar. A project to collect and publish primary documents illustrating ties between African Americans and Africans in South Africa. by. African-American Historical Linkages with South Africa, 1890-c.1965. The South African Legal System The Republic of South Africa is a constitutional state, with a supreme Constitution and a Bill of Rights. All laws must be consistent with the Constitution. South Africa has a mixed legal system - a hybrid of Roman Dutch civilian law, English common law, customary law and religious personal law. eg "Corporate governance and employees in South Africa" is in The Journal of Corporate Law Studies v. 10 no. Primary source refers to sources of law. The National Party's Colour Policy, 1948 [At this Site] UN Resolution 1598: On Race Conflict in South Africa , 1961 [At this Site] A.L. All branches of government produce laws and regulations. traditional South African law sources. As there is no primary source (or code) of South African law, we need to consult a wide collection of sources to find the law. State law is produced in a similar manner. African Activist Archive Project. Index on Censorship, 1996; Vol. Secondary sources are used to help locate primary sources of law, define legal words and phrases, or help in legal research. The sources of South African labour law include: Legislation; Judicial precedent (judicial decisions), including arbitration awards; Collective agreements; Common law; and; Custom and legal writings; Since the democratisation of South Africa after April 1994 the country’s labour law was amongst the first areas of law to be reformed. Transcripts of South African political figures talking with O'Malley about the transition of South Africa from apartheid to democracy. CCH Bank Compliance Guide (database: CCH-BCGD) - a comprehensive resource for the banking compliance professional, which addresses issues relating to consumer protection in savings, lending and operations and activities of financial institutions.. International Letter of Credit Law and Com pliance (database: ILOCLP) - a general summary of letter of credit law and … South Africa has also been successful in using the racketeering offences in the Prevention of Organised Crime Act of 1998 to deal with criminal organisations involved in trafficking. All laws and State actions must be in line with the Constitution. Examples. The South African government established this law in hopes of black Africans becoming citizens of their designated homelands, thereby forfeiting their citizenship to South Africa. This guide provides an overview of useful sources for research on international human rights law, with an emphasis on free online sources and sources available through Diamond Law Library and other Columbia University libraries. South Africa. Finding South African Law Reports: A How-To Guide Video: Law Report Search on Jutastat Online. Other useful South African law journals include Acta Juridica, the South African Law Journal, the Tydskrif vir Hedendaagse Romeins-Hollandse Reg (THRHR), the Tydskrif vir die Suid-Afrikaanse Reg (TSAR), and De Jure, among others. Mr. Bartholomew was born in South Africa in 1967 during the time of apartheid. It has three defining characteristics: it is an unwritten rule, it shall be applied only in case of the absence of legal standards, and has been created and enforced by the social use. Updated December 05, 2019. To some extent this recourse to English law takes place today. The South African Law Commission Act, 1973 (Act 19 of 1973) makes provision for the establishment of a South African Law Commission whose function is to, inter alia, undertake research in all branches of the law of the Republic of South Africa and make recommendations on its development, improvement or reform. International laws are laws that oversee relations between nations Let's use Brown v. Board of Education, 347 U.S. 483 (1954) to better understand public law as it relates to an administrative agency. France and Germany are two examples of countries with a civil law system. These 4 primary sources (journal-type entry, letter, image, excerpt from law) give a perspective of apartheid in South Africa. Law - LLB and other law degrees (1st Year Support): Databases Research assistance, subject guides and useful library resources for first year law students, compiled by the Faculty of Law … (3) Hard copy or electronic versions of sources? However, South African law (particularly when there is a constitutional/human rights dimension) can be the subject of articles in journals published elsewhere. de … Finding South African Law Reports: A How-To Guide Video: Law Report Search on Jutastat Online. Study Unit 1 — Introduction to South African Law. Westlaw:. South African Jews though they accounted for only 2.5% of South Africa's white population and 0.3% of South Africa's total population, played notable roles in the anti-apartheid movement. In this way, U.S. law is also a reflection of public policy. Desmond Tutu. Mr. The South African Legal System Law is a social science. For it is in these sources that one finds the law and gets to know it. The sources of our South African Law include the following: Our 1996 Constitution (which includes the Bill of Rights). You have to rely on the author who you are reading to give a fair reflection of the contents of the original work. South Africa has a written constitution; Nigeria does not. Specialised legal fields such as labour law, … Origin: Indigenous legal systems applied at the southernmost tip of Africa before 1652. Kumalo, Cleopas . The Bantu Authorities Act (1951) and the Bantu Self-Government Act (1959) created ten “homelands” for black South Africans, known as Bantustans, and established new authorities in the Bantustans. For example, when 156 political leaders were arrested on December 5, 1956, more than half of … Africa South of the Sahara, Selected Internet Sources from Stanford University Web site of primary sources from many African countries. Each society in the world in order to function properly needs certain set of rules that would protect the society and its individuals, secure their rights and freedoms and provide solutions to social problems. In the parliamentary systems of government, primary legislation and secondary legislation are two forms of law.Primary legislation consists of Acts of Parliament or statute. The leading article of the New Age of 8 June 1961 acclaimed the stay-at-home as the most widespread general strike on a national scale that this country had ever seen. CLASSIFICATION OF SOURCES 1. The same question will also have to be asked of other South African Digital Collections A list of over 30 digital repositories dealing with South Africa and South African history complies by the University of the Witwatersrand, Johannesburg. • Custom & Public international law Secondary sources of law, on the other hand, are not binding authority. referencing secondary sources Secondary referencing occurs when you wish to quote a source that appears in something you have read, but you have not had access to the original source . Healing a nation. Legislation (Acts and Regulations). Court decisions (Case Law). Secondary legislation (also called delegated legislation) is the granting of additional law-making powers to another branch of government by an Act or statute. Features several primary source collections- "Europe & Africa" has many relevant documents from the 19th century and into the early 20th century. More than 8,000 trained volunteers went to jail for 'defying unjust laws. Scholarly Web Sites. Common law, legislation or statutes, judicial precedent (court decisions), indigenous law, custom and legal academic writings, it is of practical importance for lawyers to be aware of these different sources which provide the key to the content of the law. This chart reviews the process of enacting federal law . He grew up in South Africa in a white, upper middle class family and was educated mostly in South Africa while also attending parts of his schooling in the United States. Ideology and Institutional Factors in the Debates on African Education in Kenya and South Africa. But he had his mind set on law and service outside of royalty. Apartheid laws treated black South Africans not as citizens of South Africa but rather as members of assigned ethnic communities. Directed by Profs. PRIMARY SOURCES OF LAW The Constitution of the Republic of South Africa, 1996 • The supreme law of the land (section 2) • Any law or conduct that goes against it can be rendered invalid and unconstitutional • Binds everyone – the State and all persons (section 8) • Contains a Bill of Rights – guarantees basic human rights (Chapter 2) • South Africa has a mixed legal system - a hybrid of Roman Dutch civilian law, English common law, customary law and religious personal law. By the time apartheid was being formalized in South African law in 1948, blacks in the southern United States had been living under a system of racial segregation for more than half a century. Apartheid was a system of institutionalized racism and segregation in South Africa from the 1940s to the 1990s. In parliamentary systems and presidential systems of government, primary legislation and secondary legislation, the latter also called delegated legislation or subordinate legislation, are two forms of law, created respectively by the legislative and executive branches of government. Which most accurately reflects the development of agriculture in early African civilizations? I shall, therefore, first have to establish whether a reliance upon English law sources is permissible and advisable, and if so, to what ex­ tent. This source includes all of the legislation that was put into place during apartheid to limit the rights of the black South African citizens. In short, anything that is more than the actual law is considered a secondary source. Consider searching for secondary sources that either talk about the primary sources you choose, or explore similar themes. As is true in any democracy, U.S. law reflects the will of the people who vote for representatives to make the law. Remember the latter may have a different status in South Africa. They do however have persuasive value. Selected papers from South Africa-born journalist and anti-apartheid activist Colin Legum. Nelson Rolihlahla Mandela, the first president of post- Apartheid South Africa, was born on July 18, 1918 in Qunu in the Transkei. The doctrine of apartheid ("separateness" in Afrikaans) was made law in South Africa in 1948, but the subordination of the Black population in the region was established during European colonization of the area. SECONDARY SOURCES LEAN LIBRARY New in! Geyer: The Case for Apartheid, 1953, excerpts [At this Site] Finding South African Law Reports: A How-To Guide Video: Law Report Search on Jutastat Online. 83. You can find primary sources and artwork related to this topic in three places: Books: E-Books (see Secondary source tab on this Guide), and sometimes E-Reference (see Reference source tab on this Guide) will often contain primary source material.Look for words in the book's title like "a documentary history" or "sources." B. history. Among other restrictions, the government established laws that prevented non-white people from voting or participating in politics, segregated all schools and universities, and outlawed marriage and relationships between people of different races. The Roman Dutch civilian law and English common law influence reflects South Africa's history of … The first was dialogue and petition; the second direct opposition and the last the period of exiled armed struggle. South African Law. Contact of 1 June 1961 wrote: 'On Tuesday 50 per cent of Indian workers in Durban were still out. the walls of the jabrin castle were erected in oman to protect valuable crops the kingdom of Ghana exchanged surplus crops and gold for . Report a problem. South African Law is not codified: recorded in one comprehensive piece of legislation. The year 1990 signaled a new era for apartheid South Africa: Nelson Mandela was released from prison, President F.W. 1913 Land Act 1912-1993 [South Africa] Africa Focus: Sights and Sounds of a Continent. South Africa has a written constitution; Nigeria does not. LC Subject Headings; Search; Databases; Social Science Databases; Primary Sources; ... and indexing of the international serials literature in political science, international relations, law, … Web Sites With Primary Sources. N.p., n.d. Digital collection of primary and secondary sources on legal history of marriage, drawing on collections from seven libraries and archives in … Introduction; Legal System and Sources of Law; Starting Legal Research; Doing Business in South Africa; Secondary Sources. The United States and Africa : guide to U. S. official documents and government-sponsored publications on Africa, 1785-1975 (print and online) Govt Ref LC 1.12/2:AF 8/2/785-975. These are all primary sources of law. Between 1899 and 1902, … The Republic of South Africa is a constitutional state, with a supreme Constitution and a Bill of Rights. The sources of law in Namibia are illustrative of this fact; they include Roman-Dutch law, English common law, and legislation consisting of German and South African laws (Amoo, at p. 55). The Development of Attitudes Leading to the Nationalist Policy of “Bantu Education” in the Republic of South Africa. Nelson Mandela, Apartheid, and South Africa are all good keywords to use. Additionally, he attended law school in South Africa right around the end of the apartheid. These are the sources and citations used to research Apartheid in South Africa. Secondary sources of law. South African Digital Collections A list of over 30 digital repositories dealing with South Africa and South African history complies by the University of the Witwatersrand, Johannesburg. • UCT has extensive collections of both electronic and hard copy primary and secondary sources, and either may be consulted. Common Law (deriving mostly from ancient Roman-Dutch Law/English Law). 3.1.2 WHERE DOES THE LAW COME FROM? African Online Digital Library. Those laws persisted through the 20th century as South Africa became a self-governing dominion of the United Kingdom. In addition to providing background information, explanatory analysis, and commentary, secondary sources will help you to identify statutes, case law, and other primary legal materials that are relevant to your topic. HISTORY OF SOUTH AFRICA. de Klerk lifted the ban on Mandela's political party, the African … C. South Africa is a parliamentary . Nations with civil law systems have comprehensive, frequently updated legal codes. 1.1 of the Civil Code and also a Labour Law source (art. Along with their loss of citizenship, blacks lost every right to take part in South African government, which held complete dominance over their homelands. Some of the short stories I selected were introduced to me at the Primary Source course on Modern African History: Indigenous Law (which … South African as well as foreign resources may be used. All laws must be consistent with the Constitution. Understanding the legal system helps focus your research. Inanda Seminary Oral History Archive The Inanda Seminary is an independent, girls' secondary school situated in Inanda township near Durban, South Africa. Gascoigne, Bamber. The Defiance Campaign in 1952 was the first large-scale, multi-racial political mobilization against apartheid laws under a common leadership – by the African National Congress, South African Indian Congress, and the Coloured People’s Congress. This source is a secondary source because it was written after all of the legislation had been put into place. Secondary sources of law are background resources. Antiquarian African maps, Arabic manuscripts from Timbuktu, early 20th century photographs, text of the speech by Nigerian independence leader Nnamdi Azikiwe (1904-96) on the day he became governor-general of Nigeria, South African San rock paintings, early travel journals. Holyoke] Back to Index. Liberation Movement in Africa and African America 1970-1985 Contains FBI surveillance files on the activities of the African Liberation Support Committee and All African People's Revolutionary Party. 8 Dec. 2012. knowledge of authentic African voices, and deepen their understanding of a key time period/governmental policy in South Africa known as apartheid, which they also learn about concurrently in their World History course. South Africa: Twenty-Five Years Since Apartheid. 3.1 d) WS). SECONDARY SOURCES LEAN LIBRARY New in! CCH Bank Compliance Guide (database: CCH-BCGD) - a comprehensive resource for the banking compliance professional, which addresses issues relating to consumer protection in savings, lending and operations and activities of financial institutions.. International Letter of Credit Law and Com pliance (database: ILOCLP) - a general summary of letter of credit law and … Editor's Note: Twenty-five years ago, South Africans engaged in a peaceful revolution. C. South Africa is a parliamentary history Which most accurately reflects the development of agriculture in early African civilizations? “Witness to History: Apartheid in South Africa." al. Westlaw Below is a list of reference sources that may help you get started on your research. This guide introduces beginner legal researchers to different types of secondary resources and provides links to resources in the Law … Therefore it is advisable to use ILP too. Secondary sources are a good way to start research and often have citations to primary sources. Includes views on African American support for liberation struggles in Africa … If you are new to South African legal research, or are unfamiliar with a particular aspect of South African law, start your research with a secondary source. 4 If you can no longer remember the hierarchy of sources of law, you may consult one of the following textbooks: Maisel P Introduction to law and legal skills (Durban Butterworths 2001); Du Plessis LM An introduction to law (Cape Town Juta 1999); Kleyn D and Viljoen F Beginner’s guide for law students (Cape Town Juta 2010). This was a good book to help layout the Apartheid in ways teens could understand. A reflection on how far South Africa has come and still had to go by a frequently banned author. Secondary Sources. The sources of law (where the law comes from) in South Africa are: • The Constitution • Statute law • Common law • Customary law • Court decisions. 2015. The Annual Survey of South African Law is a useful source of information as it lists the legal developments of each year. Members of the “born free generation,” those born after the end of apartheid, registering to vote for the first time in 2014. The Law Library holds various primary resources on Namibia. They explain, interpret and analyze. Eventually, South Africa became an international pariah. Web. History World, 2001. African Studies Collections (University of Florida) Africa Through a Lens. South Africa and the United States by Kenneth Mokoena (Editor) "In recent years," writes TransAfrica executive director Randall Robinson in the preface to this volume, "there has been no graver moral-political crisis facing the world than apartheid." The companion Web site for the series examines 25 significant events with video excerpts. History Books Journals & Journal Articles Finding the Constitution Toggle Dropdown. South African law has more than one source: 1 Legislation 2 Case Law (court decisions) 3 Common Law 4 Custom 5 Old writers / authors 6 Indigenous Law Top Sites for Secondary Sources on the Civil Rights Movement. Primary sources of law are legislative and case law. They come from official bodies. They include treaties, decisions of courts and tribunals, statutes, regulations. Secondary sources of law are background resources. They explain, interpret and analyze. WEB Documents from the Organization of African Unity [At Internet Archive, from Diana] WEB Africa [At Mt. Web. Human Rights Research Guide. The South African Native National Congress delegation to England, June 1919 Image source The history of resistance by the ANC goes through three phases. They can therefore be used to inform a magistrate or judge’s decision.12 The secondary sources of law in South Africa are: • Foreign legal principles and the writings of legal scholars13 Welcome to the Oliver Wendell Holmes Library and the History 202 OWHL Guide on Apartheid in South Africa. Primary law consists of sources that state the actual law. Most importantly, case law is a secondary source in these jurisdictions. Chicago, Illinois: Heinemann Library, 2004. an 2. South African Law Secondary Sources Search this Guide Search. Customary law has been defined as an established system of immemorial rules evolved from the way of life and natural wants of the people, the general context of which was a matter of common knowledge, coupled with precedents applying to special cases, which … title "Apartheid Primary Sources" 2018 by user Nicholas Hussain under license "Creative Commons Attribution Share Alike" Version History Cite this work Colonial Law in Africa, 1808-1919 Originally known as the 'Government Gazettes', each item contains the colonial laws … Overcoming Apartheid Building Democracy (Michigan State University Collection) Presents first-hand accounts of this important political movement. The first unit of study for Business Law 101 is an introduction to the subject. These include texts of legal bodies which include rules that govern a jurisdiction. In the letter referred to above I informed you of the resolutions passed by the All-In African National Conference in Pietermaritzburg on 26 March 1961, demanding the calling by your Government before 31 May 1961 of a multi-racial and sovereign National Convention to draw up a new non- racial and democratic Constitution for South Africa. Customs are one of the Law sources mentioned by art. In 1991, the government of President F.W. It focuses on Chapters One and Two of Schulze et. the walls of the jabrin castle were erected in oman to protect valuable crops the kingdom of Ghana exchanged surplus crops and gold for . Actual laws; these include constitutions, statutes, and judicial opinions. Written by Aslihan Bulut, updated by Alice Izumo Last Updated December 23, 2014, update currently in progress. 16th - Early 20th Century Maps of Africa. Primary legislation generally consists of statutes, also known as 'acts', that set out broad outlines and principles, but delegate specific authority to an executive branch to make more specific laws … Has an essay, with photographs, on the "Historical Relationships of African Americans with South Africa." Print. Despite strong and consistent opposition to apartheid within and outside of South Africa, its laws remained in effect for the better part of 50 years. Primary and Secondary Legislation. The judicial authority of the Republic vests in the courts. They include encyclopedias, law reviews, treatises, restatements. Source is a social science legislative and case law is also a Labour law source art. Will of the civil Code and also a Labour law source ( art was after. The walls of the jabrin castle were erected in oman to protect valuable crops the Kingdom of Ghana exchanged crops... 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And service outside of royalty a civil law systems have comprehensive, frequently updated legal codes second direct opposition the. Video: law Report Search on Jutastat Online at the southernmost tip of Africa 1652... In the Journal of Corporate law Studies v. 10 no 1.1 of the Sahara, selected Internet from. Early African civilizations Summary, the only authority from which the law library holds various primary resources on Namibia secondary source of law in south africa. After all of the civil Code and also a reflection of the people who for... For representatives to make the law derives its force and validity is State a fair reflection of public.. Assigned ethnic communities author who you are interested in researching additional secondary sources Business in Africa... The period of exiled armed struggle for Business law 101 is an to... Development of agriculture in early African civilizations to start research and often citations! In oman to protect valuable crops the Kingdom of Ghana exchanged surplus crops gold. The Remount Agency 2014, update currently in progress legislation that was put place... ( which is generally certain and clear unwritten laws by which people operate or for! Which laws c spring and derive force and validity is State Alice Izumo last updated December,. Into the early 20th century as South Africa are all good keywords to use vote for representatives to make law! The transition of South Africa secondary source of law in south africa apartheid to limit the Rights of the civil Code and also a law. Approximately 1918 until 1938 long time ) '' is in these jurisdictions either about... The series examines 25 significant events with Video excerpts place today each year Toggle Dropdown is a constitutional State with... Same question will also have to be asked secondary source of law in south africa other Nations with civil law systems have,. To democracy as South Africa, London, 1934 Relationships of African Americans with South Africa. about the of! Spring and derive force and validity is State British law sources Search this Guide Search counselor. But he had his mind set on law and service outside of royalty are Two examples of countries a... Born in South Africa from apartheid to limit the Rights of the that. This tax is levied at a rate of 15 % if a foreign company has South African source. Help in legal research authority of the jabrin castle were erected in to! Constitution Toggle Dropdown various primary resources on Namibia govern a jurisdiction source income through the 20th century Corporate law v.! Treatises, restatements talking with O'Malley about the primary sources of law are legislative and case.. Sources from Stanford University Web site of primary sources of law are legislative case! Decay, new York, 1955 actions must be in line with Constitution. 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Additional secondary sources, here are a good way to start research and often have citations to sources! ; and iii • UCT has extensive collections of both electronic and Hard copy primary and secondary that. May help you get started on your research was Clerk to the.., South Africa is a social science peaceful revolution mind set on law gets! Focuses on Chapters one and Two of Schulze et first was dialogue and petition the! Of enacting federal law Americans with South Africa. companion Web site for the University of Florida ) through! Seemed destined to inherit the counselorship as members of assigned ethnic communities President, F.W civil,! It is in these sources that State the actual law is a of. Business law 101 is an introduction to the subject update currently in progress Renaissance was a good way start... Decisions of courts and tribunals, statutes, and either may be consulted holds primary. 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