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South Africa

Mixed: civil and common law

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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

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.