<P> South Africa has a ' hybrid ' or ' mixed ' legal system , formed by the interweaving of a number of distinct legal traditions : a civil law system inherited from the Dutch , a common law system inherited from the British , and a customary law system inherited from indigenous Africans ( often termed African Customary Law , of which there are many variations depending on the tribal origin ) . These traditions have had a complex interrelationship , with the English influence most apparent in procedural aspects of the legal system and methods of adjudication , and the Roman - Dutch influence most visible in its substantive private law . As a general rule , South Africa follows English law in both criminal and civil procedure , company law , constitutional law and the law of evidence ; while Roman - Dutch common law is followed in the South African contract law , law of delict ( tort ) , law of persons , law of things , family law , etc . With the commencement in 1994 of the interim Constitution , and in 1997 its replacement , the final Constitution , another strand has been added to this weave . </P>
<P> South Africa has a ' hybrid ' or ' mixed ' legal system , formed by the interweaving of a number of distinct legal traditions : a civil law system inherited from the Dutch , a common law system inherited from the British , and a customary law system inherited from indigenous Africans ( often termed African Customary Law , of which there are many variations depending on the tribal origin ) . These traditions have had a complex interrelationship , with the English influence most apparent in procedural aspects of the legal system and methods of adjudication , and the Roman - Dutch influence most visible in its substantive private law . As a general rule , South Africa follows English law in both criminal and civil procedure , company law , constitutional law and the law of evidence ; while Roman - Dutch common law is followed in the South African contract law , law of delict ( tort ) , law of persons , law of things , family law , etc . With the commencement in 1994 of the interim Constitution , and in 1997 its replacement , the final Constitution , another strand has been added to this weave . </P>
why south african legal system is classified as mixed legal system
why south african legal system is classified as mixed legal system
formed by the interweaving of a number of distinct legal traditions : a civil law system inherited from the Dutch , a common law system inherited from the British , and a customary law system inherited from indigenous Africans ( often termed African Customary Law , of which there are many variations depending on the tribal origin )
formed by the interweaving of a number of distinct legal traditions : a civil law system inherited from the Dutch , a common law system inherited from the British , and a customary law system inherited from indigenous Africans ( often termed African Customary Law , of which there are many variations depending on the tribal origin )