Common Legal Topics

  1. Contract Law (South Africa)
  • Governed by common law principles and specific statutes like the Consumer Protection Act, 2008.
  • Covers agreements, breach of contract, and enforce-ability.
  • Example: If a service provider fails to deliver as per the contract, the affected party can seek remedies in court.
  1. Criminal Law
  • Based on statutory and common law principles.
  • Major statutes include the Criminal Procedure Act, 1977 and Sexual Offenses Act, 2007.
  • Crimes are categorized as schedule offenses (minor to severe).
  • Example: Fraud, assault, robbery, and murder are prosecuted by the National Prosecuting Authority (NPA).
  1. Civil Law
  • Governs disputes between private individuals or entities.
  • Includes contract disputes, defamation, and personal injury claims.
  • Example: A person injured in a car accident due to negligence can sue for damages under delictual law.
  1. Delict Law (Tort Law Equivalent in SA)
  • Covers civil wrongs where harm is caused due to negligence or intent.
  • Based on Aquilian liability and common law principles.
  • Example: If a doctor is negligent in treatment, the patient can claim medical malpractice damages.
  1. Intellectual Property Law
  • Governed by statutes like the Trade Marks Act, 1993, Patents Act, 1978, and Copyright Act, 1978.
  • Protects inventions, artistic works, and business trademarks.
  • Example: A musician can sue for unauthorized use of their copyrighted song.
  1. Labour and Employment Law
  • Governed by the Labour Relations Act, 1995, Basic Conditions of Employment Act, 1997, and Employment Equity Act, 1998.
  • Covers unfair dismissals, workplace discrimination, and employee rights.
  • Example: If an employee is dismissed without a fair hearing, they can take the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA).
  1. Property and Land Law
  • Governed by the Deeds Registries Act, 1937 and Sectional Titles Act, 1986.
  • Covers property ownership, rental disputes, and land claims.
  • Example: A landlord cannot unlawfully evict a tenant without following the Prevention of Illegal Eviction Act (PIE), 1998.
  1. Family Law
  • Governed by the Divorce Act, 1979, Children’s Act, 2005, and Maintenance Act, 1998.
  • Covers divorce, child custody, maintenance, and domestic violence.
  • Example: A spouse can apply for maintenance for children after divorce through the Maintenance Court.
  1. Insolvency and Bankruptcy Law
  • Governed by the Insolvency Act, 1936 and Companies Act, 2008.
  • Covers individual and business insolvency, debt review, and liquidation.
  • Example: A business unable to pay its creditors can apply for voluntary liquidation.
  1. Environmental Law
  • Governed by the National Environmental Management Act (NEMA), 1998 and Air Quality Act, 2004.
  • Regulates pollution, conservation, and environmental impact.
  • Example: A company found polluting a river could be penalized under NEMA regulations.
  1. Immigration and Citizenship Law
  • Governed by the Immigration Act, 2002 and South African Citizenship Act, 1995.
  • Covers visas, permanent residency, work permits, and asylum applications.
  • Example: A person overstaying a visa may be declared undesirable and face deportation.