Constitutional and administrative law with updating supplement

14-Apr-2020 03:09 by 8 Comments

Constitutional and administrative law with updating supplement

In terms of South African law, the 'citizens' of such states lost their South African citizenship.Residents of the TBVC states, as well as those of other 'ethnic homelands' were not permitted to remain in 'white South Africa' without permission, unless they qualified to do so in terms of Act 67 of 1952 or other statutory exemptions (the 'pass laws').

constitutional and administrative law with updating supplement-50constitutional and administrative law with updating supplement-54constitutional and administrative law with updating supplement-88constitutional and administrative law with updating supplement-24

The Cape legal system was, in turn, followed by the British colony in Natal, and also, in many respects, by the Zuid-Afrikaansche Republiek (the Transvaal) and the Oranjevrijstaat (the Orange Free State) - the Boer Republics established by Dutch trekkers in the mid-nineteenth century.This is civilian law - Roman law as interpreted by the Dutch writers of the 17 centuries.Thus originally, important primary sources of South African law were the treatises of authors such as Grotius, Johannes Voet, Simon Groenewegen and Johannes van der Linden. When the British took possession of the Cape in 1806 they did not impose their substantive legal system in a formal way.In 1990, the government began to negotiate with its opponents, a process that resulted in the provides for the separation of the legislative, executive and judicial arms of government.Although South Africa is a unitary state, the Constitution has elements of federalism, and the nine provinces (Eastern Cape; Free State, Gauteng, Kwa Zulu-Natal, Limpopo (previously called the Northern Province), Mpumalanga, Northern Cape, North West and the Western Cape) may pass laws on certain matters such as education, health and housing.The formal legal system is dominated by this European heritage.

Of course, most South Africans are not of European descent.

During the period of English governance, a system of 'Native Administration' was established.

According to this policy, indigenous people could rule themselves according to indigenous law in certain matters, for example rules of marriage and succession.

Key legislation creating this policy included the Population Registration Act 30 of 1950 (classifying the South African population into 'racial groups'); the Group Areas Act 41 of 1950 (providing for the segregation of residential and other areas) and a plethora of other acts designed to segregate every aspect of life, including public administration, education, health services, employment, transport and public amenities.

'Grand apartheid' divided the territory of South Africa into separate 'states', some of which (the Transkei, Boputhatswana, Venda and the Ciskei) were given 'independence' by the South African government.

Furthermore, Roman-Dutch Law did not always cater for the requirements of the modern society that developed during the 19 century, necessitating legislative innovation, which was often based on English acts and interpreted using relevant English precedent.