Learning Unit 4

LU4:
CLASSIFICATION OF
SA LAW
Module Outcomes
LO1: Distinguish between the different branches of the law.
LO2: Provide a schematic overview of the major subject-areas of the
SA legal system.
LO3: Distinguish between international law and national law.
LO4: Distinguish between substantive and adjectival law.
LO5: Describe the divisions of adjective law.
LO6: Distinguish between public and private law.
LO7: Describe common specialisations encountered in public law.
LO8: Describe common divisions of private law.
LO9: Critically distinguish between the various component parts
comprising commercial (mercantile) law.
LO10: Explain in which ways private international law, legal
philosophy, comparative law, legal history, and Roman law are
distinct and valuable areas of legal research.
CLASSIFICATION OF THE LAW
Consider the diagram on page Authors are divided on exactly

137 of your textbook. how the law may be classified.
Distinction NATIONAL LAW:
• Is the law of a specific state.
between • In South Africa for example, we have laws that
govern all those who reside in this country.
international • South African law is divided between
substantive and adjective law.
and national
law
INTERNATIONAL LAW
Distinction
between
international It is the law which governs the relationships between different
independent states eg. SA and USA.
and national
law There is no actual government which makes these rules or enforces
them. Instead we see these rules being formed simply from what is
custom between these states or from the fact that these states may
sign a specific treaty or convention which regulates the relationships
between these states.
International
organisations are
A treaty may be
also instrumental in
signed by two states
laying down rules
or several states.
eg. United Nations
(UN).
Distinction
between
international and
If any state is in national law
contravention of We can however
international rules only apply
then the matter is international law so
heard by the far as it is not in
International Court of conflict with our
Justice (in The Constitution.
Hague).
SUBSTANTIVE AND PROCEDURAL LAW
Substantive law Adjective law
Interdependent
DIVISIONS OF
PROCEDURAL/ADJECTIVE LAW
That part of adjective law which is
concerned with how people who
are suspected of or who have
Law of criminal procedure committed a crime are prosecuted 2. Law of civil procedure
and tried i.e. lays down procedure
to be followed in criminal case
from investigation to sentence.
That part of adjective law that sets

out the procedure to be followed
Is concerned with how evidence
when individuals want to enforce 3. Law of evidence
must be presented before a court.
their rights against other
individuals.
DISTINCTION BETWEEN PUBLIC AND
PRIVATE LAW
DIVISIONS OF PUBLIC LAW
Constitutional law
• Is concerned with
Administrative law
institutions of State (how a
• Is concerned with
state is formed) its
organisation
administration of the State Criminal law
• It determines ways in which • Determines what acts
• It governs the powers of
State bodies, State departments
organs of state
and Ministers should exercise constitute criminal
• South Africa’s Constitution
their powers offences and the
divides State authority into
• The rules of administration try penalties that can be
3 branches:
to ensure that State bodies,
1. Legislative (makes the
departments, Ministers don’t
imposed for the
laws) commission of such
exercise their powers unfairly
2. Executive (enforce the
laws)
and thus prejudice individuals offence
• E.g.: if the government refuses
3. Judicial (applies the
to issue a firearm licence.
law/rules to resolve
disputes
DIVISIONS OF PRIVATE LAW
1. Law of persons:
• This law regulates the relationships between persons.
• The law of person describes what a person is.
• The law does not regard only human beings as persons,
but an entity such as company.
Family law
• Family law regulates family
relationships.
• It relates to matters such as
engagement, marriage,
marital property, divorce and
parent-child relationships
• Law of patrimony
• This area of law regulates
the relationships between
persons with respect to
their means (their estate).
• The law of patrimony
consists of:
Law of succession: determines

Property law: deals with the what happens to a person’s
relationships between persons estate after her death. A person
with respect to things (movable can die with a will (testate – see
and immovable). See page 146 page 148), or without a will
(interstate).
Law of obligations: regulates

the type of relationship Law of intellectual property:
between persons were one governs the relationships
person (the creditor) has a right between persons with respect
against another (the debtor) for to intellectual property. Do you
performance, and the latter remember the famous
person has a corresponding Vodacom case?
duty to perform. See page 149.
Differences:
• Differentiate between:
1. Delicts and contracts; and
2. Delicts and criminal offences
N.b.: see pages 149 to 152 of your

textbook
Embraces numerous branches of law
important for commerce of trade and industry.
It represents a mixture of public and private

Commercial law.
law
E.g.: Tax law
To be discussed further in chapter 8.

Consider the discussion on page 153 to Study these disciplines and summarise
154. them

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LU4:

Consider the diagram on page Authors are divided on exactly

That part of adjective law that sets

Law of succession: determines

Law of obligations: regulates

2. Delicts and criminal offences

N.b.: see pages 149 to 152 of your

It represents a mixture of public and private

To be discussed further in chapter 8.

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