Family Law

In South Africa, case law refers to the body of law that is derived from judicial decisions made by courts. These decisions establish legal principles and interpretations of statutes and common law that guide future legal proceedings and judgments.

In the South African legal system, case law plays a significant role in shaping and interpreting the law. Courts issue judgments based on the facts of specific cases, legal arguments presented by parties, and relevant legal principles. These judgments set precedents that serve as authoritative interpretations of the law, which lower courts are bound to follow in similar cases.

Case law in South Africa is supplemented by statutory law (laws passed by Parliament), customary law (laws derived from indigenous customs and practices), and constitutional law (laws derived from the Constitution of South Africa). Together, these sources form the legal framework that governs the country.

The judgments rendered by South African courts are published in law reports and are widely accessible to legal professionals, scholars, and the public. They provide valuable insights into the interpretation and application of the law in various contexts, contributing to the development and evolution of South Africa's legal system.

Generally you'll find the following elements in a Case:

• court
• parties — names of parties
• judge/s
• date of hearing
• legal representation
• medium neutral citation — citation applied by the court
• catchwords — summary of the case in keywords
• statement of facts
• issue to be decided
• discussion of relevant legal principles
• judgement or conclusion
• orders.

Case citations (references) hold all of the key information to allow you to locate a Case. Let's have a look at an example of a Case citation to see what the elements are:

S v Makwanyane and Another 1995 (6) BCLR 655 (CC)