History, asked by phulele97mlubngwana, 8 months ago

The south Africa legal system, unlike Roman law is not codified. explain the meaning of this statement

Answers

Answered by smartbrainz
0

There is no codification of South African law, because it is not recorded in one single piece of legislation. Their law has been influenced by Roman; Roman-Dutch and English law, given the history of their nation.

Explanation:

  • The Roman law is based on Europe's impact and attempts to codify the law into Corpus Iuris Civilis in AD 291 and remains a significant and credible source upon which South Africa's courts can rely on some legal issues.
  • Roman-Netherlands legislation comes into legal system of South African, as the first settlers in Cape brought it with them as their laws were incorporated into Dutch customary law over time after the collapse of the Roman empire.
  • After the Cape was ceded to Great Britain after 1814, English law found its way into the southern African system of rule. Part of the legal system has been slowly adopted, such as the criminal law law code of 1826, and the proof law of 1830.
Answered by gratefuljarette
0

South African law is not codified, implying that it is not organized into a single detailed set of legislation. Our legislation was influenced by Roman rule; Roman-Dutch legislation; and English rule, considering the history of our nation

Explanation:

  • The South African Republic is a federal democracy, with a supreme Constitution and a Bill of Rights. Everything legislation shall adhere to the Constitution. South Africa has a complex legal structure-a combination of Roman Dutch constitutional law, English common law, customary law and specific religious law.
  • A dual legal structure or what Professor T. B. Smith called a 'mixed authority' under which the essentially constitutional system was under strain from the Anglo-American common law and was partly overlaid by the competing jurisprudence framework.

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