Research Guides: The Law of South Africa: Home

Encyclopedias

Currently composed of volumes from the 1st reissue (1993-2003), 2nd edition (2003-2013), and 3rd edition (2012 -), The Law of South Africa (KTL13 1993), edited by Joubert and Faris, is a 34 volume encyclopedia providing a black letter introduction to all areas of South African law. It includes a Consolidated Index, Cumulative Table of Cases, and Cumulative Supplement, currently updated through 2013.

Current Awareness

Butterworth's Survey of South African Law (KTL11 .B88) is an annual guide to federal and provincial legislation, case law, and articles, organized by topic. Published with several years' delay, the title currently runs through 2011.

Other Research Guides

Update: Researching South African Law, at the GlobaLex web site.

Researching South African Law, at the LLRX.com web site.

South Africa, at the Law Library of Congress Guide to Law Online web site.

General Introductions to the Law of South Africa

Wille's Principles of South African Law, 9th ed., general editor Francois du Bois, 2007. The aim of this work remains to set out the basic principles of South African private law systematically, in clear unmistakable language, and as comprehensively as is possible in a single volume. The ninth edition retains the basic structure of the previous edition with innovation in the treatment of its subject matter and the dissemination of original research. All chapters have been has been rewritten , in most cases from scratch, in order to take account of major changes in the law in the 15 years since the previous edition, or to improve and modernize the treatment of a topic. The useful practice in previous editions of citing the older, original authority for a proposition alongside contemporary sources.

Southern Cross by Reinhard Zimmermann (Editor); Daniel Visser (Editor)
ISBN: 0198260873
Publication Date: 1997-01-02
This book provides a history of some of the main institutions of South African private law and in so doing explores the process through which integration of the English common law and the continental civil law came about in that jurisdiction. Also available in electronic format.
Introduction to the Law of South Africa by C. G. Van der Merwe; J. E. Du Plessis
ISBN: 9041122826
Publication Date: 2004-07-22
This title is part of an established Series which introduces various legal systems of the world. It provides an authoritative and accessible overview of the main branches of South African public, private and commercial law. Offering insight into the rich system of South African law, this title will be of particular interest to the international legal community. The South African legal system has not only developed fascinating mixtures of civil law and common law rules over more than a century, but has also experienced a post-apartheid South Africa. Of particular interest is the way in which so many branches of law have been infused by basic constitutional values. Many of the contributors have published work in their own fields and have considerable experience of presenting their subject matter in a broader comparative perspective. The succinct and balanced nature of the contributions makes this title attractive to a wide audience of academics, students and practitioners with an interest in this remarkable legal system.
Private International Law by C. F. Forsyth
ISBN: 9780702194221
Publication Date: 2012-01-01
The growing sophistication of South African private international law has become more evident in the years since the last edition. The Supreme Court of Appeal has delivered several important judgments which have had significant impacts on the law. Peregrines are now more readily subject to South Africa jurisdiction in several ways, and foreign judgments are now more readily enforced in South Africa. The problems of choice of law have not been neglected by the courts. The fundamental problem of characterisation has been addressed by a perceptive and valuable judgment of the Supreme Court of Appeal, and there have been thoughtful judgments on many other areas including, for the first time, on choice of law in delict. Even more significantly, constitutional values have been making themselves felt on the development of the law in this area. In at least two areas - same-sex marriages and the doctrine of arrest to found jurisdiction - constitutional developments have required significant adjustments to the law. All these developments are fully described and explained with suggestions being made as to how the law might develop in the future.

Constitutional Law

Constitutional Law of South Africa by Matthew Chaskalson (Editor); Janet Kentridge (Editor); Jonathan Klaaren (Editor); Gilbert Marcus (Editor); Derek Spitz (Editor); Stuart Woolman (Editor). 4-volume loose-leaf.
ISBN: 0702135615
Publication Date: 1996-01-01
This commentary on the development and interpretation of the new constitution of South Africa enables readers new to the field to find their way in a complex body of law. Revision services, which provide updates on doctrinal developments in the law, are sent to readers bi-annually.
The Constitution of South Africa by Heinz Klug
ISBN: 9781841137377
Publication Date: 2010-07-15
South Africa's 1996 'Final' Constitution is widely recognized as the crowning achievement of the country's dramatic transition to democracy. The transition began with the unbanning of the liberation movements and release of Nelson Mandela from prison in February 1990. This book presents the South African Constitution in its historical and social context, providing students and teachers of constitutional law and politics with an invaluable resource through which to understand the emergence, development, and continuing application of the supreme law of South Africa. The chapters present a detailed analysis of the different provisions of the Constitution, providing a clear, accessible, and informed view of the Constitution's structure and role in the new South Africa. The main themes include: a description of the historical context and emergence of the Constitution through the democratic transition * the implementation of the Constitution and its role in building a new democratic society * the interaction of the Constitution with the existing law and legal institutions, including the common law, indigenous law, and traditional authorities * the strains placed on the new constitutional order by both the historical legacies of apartheid and new problems facing South Africa. Specific chapters address: the historical context * the legal, political, and philosophical sources of the Constitution * its principles and structure * the Bill of Rights * parliament and executive * the Constitution's provisions for cooperative government and regionalism. The final chapter discusses the challenges facing the Constitution and its aspirations in a democratic South Africa. Written in an accessible style, with an emphasis on clarity and concision, the book includes a list of references for further reading at the end of each chapter.
The Bill of Rights Handbook by Iain Currie; Johan De Waal; Law Society of South Africa Staff (Contribution by)
ISBN: 0702199990
Publication Date: 2013-07-12
The Constitution informs every aspect of our legal system and every instance of interpretation and application of that system. The Bill of Rights Handbook's detailed coverage of all aspects of Bill of Rights jurisprudence and practice has made it the standard reference work for this important area of law, and it has been extensively relied upon and quoted by the judiciary. The sixth edition of the Handbook is a comprehensive account of over two decades of jurisprudence interpreting and applying the Bill of Rights. The work has been thoroughly revised, in particular to cover developments in the areas of constitutional jurisdiction, remedies and socio-economic rights.

South African constitutional law : the Bill of Rights, 2nd ed.,2005, [edited by M.H. Cheadle, D.M. Davis, N.R.L. Haysom. One volume loose-leaf treatise.

Historical Introduction to Roman-Dutch Law

Part Two of The South African Legal System and its Background, by H. Hahlo and Ellison Kahn (KTL120 .H43), 1968, comprises a history of the Roman-Dutch law and its antecedents.

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Subjects: Legal Research, Reference