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[Virtual Presenter] Welcome everyone! Today we will be discussing Commercial Law in South Africa. We will look at the principles rules and role of the state as well as the legal subjects objects and rights related to it. Shall we begin?.

[Audio] Law is an essential element of all societies functioning as a regulator of conduct in those societies. Commercial law is particularly concerned with the regulations that dictate business interactions determining the rights and responsibilities of those involved. Knowledge and comprehension of the legal fundamentals of commercial law is crucial in order to effectively manage these relationships and guarantee a legally binding agreement..

[Audio] The South African legal system is based on the rule of law meaning that all people are subject to the same laws regardless of their social standing. Breaking a law can result in criminal or civil sanctions such as imprisonment or damages. Morals are based on personal beliefs and standards of behaviour and though immoral conduct can have consequences these consequences may vary. It is important to note that laws and morals form two distinct categories that shape our society..

[Audio] The South African Constitution is the primary source of law in the country outlining a division of powers between the three branches of government known as the separation of powers. This arrangement helps to ensure that each branch of government is independent and has its own roles and responsibilities. Moreover the Constitution sets out the Bill of Rights ensuring fundamental rights both social and economic to all citizens. It also tasks the government with the responsibility to respect protect promote and fulfill these rights thus being held accountable for its actions and being responsible for upholding the rights of each citizen..

[Audio] This presentation focuses on the legal aspects of business in South Africa. We will look at legal subjects objects and rights connected with business activities. In the law there are two types of persons natural persons and juristic persons. Legal objects are objects of economic value and include personality property immaterial property corporeal things and performances. From a commercial law standpoint two types of rights exist: personal rights which can be exercised only against certain people and real rights which are enforceable against everyone. We hope you have found this presentation useful..

[Audio] South Africa has established a hybrid legal system that combines Roman-Dutch law and English Common Law. This system reflects the history and shared values of the country such as those set forth by its indigenous people before colonization. The Dutch settlers began implementing Roman-Dutch law in 1652 during their arrival to the Cape and the British settlers followed with parts of English law being introduced in the 19th century. This combination of the two systems creates the hybrid legal system currently in place. This system enables South African courts to make decisions based on a combination of the two systems that is adapted to the local conditions..

[Audio] Under South African law the primary sources are legally binding and include the Constitution legislation common law customary law custom and judicial precedent while the secondary sources are subordinate and generally persuasive such as international law foreign law and modern writings including academic textbooks and journals. Knowing the sources of law is essential to comprehending the South African legal system..

PRIMARY SOURCES OF LAW.

[Audio] South Africa's Constitution is the fundamental law that serves as the highest form of authority in the Republic. It overrides any law or conduct that is contrary to its provisions. This Constitution was established after the country's transition from a parliamentary sovereignty to a constitutional democracy and is signified by the incorporation of the Bill of Rights in Chapter 2 Section 8 (2). This Bill of Rights applies to all laws and binds all governmental entities. Furthermore the Constitution has a significant connection with other legal sources..

[Audio] South Africa has a diverse and comprehensive legislative process. The Constitution of the Republic of South Africa is the supreme law and is binding on all other laws. It stands as a separate source of law on its own. The law-making body in charge of creating passing and enforcing laws is Parliament which consists of the National Assembly and the National Council of Provinces. Provincial and local levels of parliament also have the power to create legislation. This legislation is called statutes or laws and must be interpreted according to the spirit and intention of the law-making body. Understanding the interpretation of statutes is a topic that will be covered in Chapter 3..

[Audio] South African law is defined by the common law. This is a set of laws that have been derived from other legal systems and that have developed over time. Common law is the primary source of law in South Africa meaning that it is legally binding. It is not entirely written and can be difficult to ascertain though it is outlined in academic textbooks and court decisions..

[Audio] South Africa's legal system is a unique combination of customary common and statutory laws. Customary law has been followed by many communities for generations transmitted through oral tradition from parent to child. Courts have recently begun to recognise customary law granting many customs the status of primary law. In order for a custom to become law it must be reasonable long established recognised by the community and clear and certain; it must also not be in conflict with the South African Constitution. Understanding the background and complexity of South Africa's legal system is essential to comprehending the parameters of Commercial Law..

[Audio] Stare decisis which means ‘to stand by previous decisions’ is a key principle of Commercial Law applied in South Africa. This principle ensures fairness and consistency in court decisions as similar cases should be tried in the same court or lower courts. When one of the higher courts has adopted an interpretation or application of the law it sets a judicial precedent and other courts must follow it. Law Reports such as South African Law Reports exist to keep legal precedents accessible. Knowing the court hierarchy is essential to understanding which court decisions are binding and understanding the structure of a court's judgment is important to comprehend individual legal precedents..

[Audio] When citing case law it is important to provide the names of the litigants year of the case volume number Law Report series and page number. An example of this is in the civil case law Smith v Jones 2005 (1) SA 412 (S-C-A--). This provides that Smith and Jones are the litigants 2005 is the year (1) denotes the first part of the law report that year SA is the South African Law Report (publication series) 412 is the page number on which the case is reported and S-C-A is the Supreme Court of Appeal in which the case was heard. More information can be found on pages 15-16 of the corresponding tutorial..

[Audio] When discussing commercial law in South Africa one must pay attention to the various secondary sources of law that can affect how legal statutes are interpreted and understood. The Constitution of South Africa in Section 39 (1) (b) mandates the taking into account of international law and the Universal Declaration of Human Rights being the primary source of legal obligation. Section 39 (1) (c) of the Constitution permits the use of foreign law but it does not have binding authority. Nevertheless foreign law has persuasive power influencing how laws are written and understood. Moreover academic textbooks and journals offer beneficial perspectives on existing law given how they provide insight from additional legal sources..

[Audio] South Africa's Constitution establishes a hierarchical structure for its judicial system. In this hierarchy superior court decisions are legally binding on those below while lower courts have no effect on higher courts. Jurisdiction a dual concept referring to a court's power to make rulings according to subject area or geographical region as well as the extent of rulings they can make is essential to South Africa's judicial system..

The SA Court System*. Superior courts bound by own decisions or until overruled by a higher superior court (unless previous decision manifestly wrong).

[Audio] At the end of this presentation I'd like to thank you for taking the time to learn about the different roles and functions of legal professionals in South Africa. We've looked at attorneys and advocates prosecutors registrars and clerks of the court sheriffs messengers of the court magistrates and judges. This is fundamental to understanding commercial law in South Africa. Thank you again for your time and attention..