South Africa
Mixed: civil and common law
Compare South Africa with another country →Practising in South Africa as a foreign lawyer →The courts of South Africa, as a diagram →Legal citations: how to read them in South Africa →
South Africa has a mixed system. Its private law comes from Roman-Dutch law, its court procedure and some other areas follow English common law, and customary law is recognised. Since 1996 it has had a Constitution with a strong Bill of Rights.
Updated October 2026. Spotted a mistake? Tell us.
Where the law comes from
- The Constitution of 1996, the highest law, with a Bill of Rights
- Acts of Parliament
- Roman-Dutch common law and English-influenced rules, developed by the courts
- Customary law, which the Constitution recognises
The main courts
- The Constitutional Court, which is the highest court on constitutional matters
- The Supreme Court of Appeal, the highest court on other matters
- High Courts, magistrates' courts and specialised courts (such as labour and land courts)
Becoming a lawyer
A four-year law degree (LLB), then practical training. The profession is split: attorneys deal with clients, and advocates (who are members of a Bar) argue in the higher courts.
What may surprise you
- Roman-Dutch law, brought by Dutch settlers, still shapes contract, property and delict (tort) law.
- The Constitution allows courts to apply the Bill of Rights to private relations too.
- Judges can develop the common law and customary law to match the Constitution.
- The legal profession is split into attorneys and advocates.
Related systems
How this country is classified
The University of Ottawa’s JuriGlobe database lists South Africa as: Civil law, Common law. It names the systems in order of importance.
The map colours a country by the first-named system, and shows both civil-law and common-law countries as “mixed”. It is a simplification, and real systems are rarely pure.
Other countries in the same family
Sources
Sources last reviewed: October 2026.
TheLawToKnow Tools’s Legal Families Atlas is an educational overview. It simplifies on purpose, and it is not legal advice. For a real legal question about South Africa, consult a lawyer qualified there. Report a mistake.

