Introduction To South African Law Introduction To South African Law 2/18/2026
TITLE PAGE TO BE SUPPLIED BY PEARSON
Introduction to
South African Law
Fresh Perspectives
3rd Edition
Amanda Barratt, Helena van Coller, Shaun de Freitas, Avinash Govindjee, Philip F. Iya, Helen Kruuse,
Lirieka Meintjes-van der Walt, Karmini Pillay, Monique du Preez, Priya P. Singh, Luzuko Tshingana
Page 1 Introduction To South African Law.pdf
,Introduction To South African Law Introduction To South African Law 2/18/2026
Pearson South Africa (Pty) Ltd
4th floor, Auto Atlantic Building, Corner of Hertzog Boulevard and Heerengracht, Cape Town, 8001
za.pearson.com
© Pearson South Africa (Pty) Ltd 2019
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or
transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise,
without the prior written permission of the copyright holder.
Every effort has been made to trace the copyright holders of material produced in this title. We would
like to apologise for any infringement of copyright so caused, and copyright holders are requested to
contact the publishers in order to rectify the matter.
First published in 2008
Second edition in 2011
Third edition in 2019
ISBN 978-1-776-10223-5 (print)
ISBN 978-1-485-70211-5 (epdf )
Publisher: Silvia Raninger
Editor: Kim van Besouw
Managing editor: Ulla Schüler
Proofreader:
Indexer: Lois Henderson
Artwork:
Book design: Pearson Media Hub
Cover design: Pearson Media Hub
Cover artwork:
Typesetting: Baseline Publishing Services
Printed by xxxx printers, [city]
In line with Pearson’s editorial policy this book has been peer reviewed.
Acknowledgements:
Page 2 Introduction To South African Law.pdf
,Introduction To South African Law Introduction To South African Law 2/18/2026
Contents
About the authors ........................................................ iv Chapter 13
Administrative law (Helena van Coller)..........................271
Section 1 Chapter 14
The roots of our law 1 Criminal law (Priya P. Singh) ..........................................281
Chapter 15
Chapter 1 Law of persons, family law and law of succession
What is the law? (Lirieka Meintjes-Van der Walt) ..............3 (Priya P. Singh) ..............................................................311
Chapter 2 Chapter 16
History and development of South African law Law of property and law of intellectual property
(Amanda Barratt) ...........................................................20 (Priya P. Singh) ..............................................................333
Chapter 17
Section 2 Law of obligations (Priya P. Singh) .................................341
The trunk that supports our law 50 Chapter 18
Commercial law (Priya P. Singh) ....................................356
Chapter 3
Chapter 19
The Constitution (Shaun de Freitas) ................................52
Law of evidence (Lirieka Meintjes van der Walt) ............375
Chapter 4
Chapter 20
Legislation (Luzuko Tshingana)........................................63
Criminal procedure (Lirieka Meintjes-Van der Walt) .......392
Chapter 5
Chapter 21
Legal ethics and professional responsibility
Civil procedure (Lirieka Meintjes-Van der Walt) .............409
(Helen Kruuse) ...............................................................78
Chapter 6
Case law (Monique du Preez) .........................................95
Section 4
The international branch 420
Chapter 7
Common law (Amanda Barratt) ....................................142
Chapter 22
Chapter 8 Public and private international law (Shaun de Freitas).... 422
Customary law (Amanda Barratt and Philip Francis Iya)... 151
Chapter 9 Section 5
Secondary sources (Karmini Pillay) ................................172
A changing tree 434
Chapter 10
The court structure (Monique du Preez) ........................182 Chapter 23
Aids and the law (Priya P. Singh) ...................................436
Chapter 11
The legal profession (Monique du Preez) ......................219 Chapter 24
Thinking about the law: jurisprudence
(Lirieka Meintjes-Van der Walt) .....................................455
Section 3
The branches of our law 245
Bibliography and references ....................................469
Chapter 12
Index ..........................................................................473
Constitutional law and human rights (Avinash Govindjee
and Shaun de Freitas) ...................................................247
Page 3 Introduction To South African Law.pdf
, Introduction To South African Law Introduction To South African Law 2/18/2026
About the authors
Amanda Barratt is acting Head of the Department of Private Law at the University of Cape Town (UCT) and
coordinates and teaches the LLB course on Persons and the Family. She also teaches on the Law Faculty’s Academic
Development Programme, and on an LLM course on Intellectual Property and Development.
Helena van Coller is an associate professor in the Faculty of Law at Rhodes University where she teaches
administrative law. Her other research interest focuses on issues related to the intersection between law and religion.
Shaun de Freitas is a professor in Public Law at the Faculty of Law, University of the Free State, with specialisation
in the right to freedom of belief and conscience. De Freitas is also an adjunct professor at the University of Notre
Dame Law School, Sydney, Australia.
Avinash Govindjee is a professor of Law and Executive Dean of the Faculty of Law, Nelson Mandela University,
a consulting attorney to Cliffe Dekker Hofmeyr and a part-time senior commissioner of the Commission for
Conciliation, Mediation and Arbitration.
Philip F. Iya is a professor of African and Comparative Law at the Indigenous Knowledge System (IKS) Centre in the
Faculty of Natural and Agricultural Sciences of the North West University (NWU), Mafikeng Campus. Philip currently
assists the Indigenous Knowledge System (IKS) Centre with the legal aspects of IKS while also coordinating the
postgraduate studies and research at IKS Centre.
Helen Kruuse is a senior lecturer in the Faculty of Law at Rhodes University and an attorney of the High Court of
South Africa. Her research relates to family law and legal ethics. She is also an editor of the South African Law Journal.
Lirieka Meintjes-van der Walt is an adjunct professor of Law at the University of Fort Hare where she is the
Leader of the Law, Science and Justice Research Niche area. She has practised as an advocate at the Eastern Cape
Bar and has published close to one hundred academic articles and book chapters.
Karmini Pillay is an academic at the School of Law, University of Witwatersrand, and a facilitator in the Labour Dispute
Resolution Programme for the Commission for Conciliation, Mediation and Arbitration at the Mandela Institute.
Monique du Preez is an admitted attorney of the High Court of South Africa and employed as the Director,
Knowledge Management at an international law firm, DLA Piper South Africa. She is also a senior lecturer at the
University of Johannesburg where she lectures the module law of civil procedure.
Priya P. Singh is an admitted attorney and notary and is a lecturer in the School of Law at the University of
KwaZulu-Natal, where she teaches the law of delict, the law of succession, maritime law and cyber law. Her
doctoral research deals with the development needed by the South African law to cope with privacy infringements
on social media networking sites.
Luzuko Tshingana is an admitted attorney of the High Court of South Africa and a law lecturer at the University
of Fort Hare (UFH). He obtained his LLB at NMMU (as it then was) and LLM at University College London. He also
lectured at Rhodes University before joining UFH.
Page 4 Introduction To South African Law.pdf
TITLE PAGE TO BE SUPPLIED BY PEARSON
Introduction to
South African Law
Fresh Perspectives
3rd Edition
Amanda Barratt, Helena van Coller, Shaun de Freitas, Avinash Govindjee, Philip F. Iya, Helen Kruuse,
Lirieka Meintjes-van der Walt, Karmini Pillay, Monique du Preez, Priya P. Singh, Luzuko Tshingana
Page 1 Introduction To South African Law.pdf
,Introduction To South African Law Introduction To South African Law 2/18/2026
Pearson South Africa (Pty) Ltd
4th floor, Auto Atlantic Building, Corner of Hertzog Boulevard and Heerengracht, Cape Town, 8001
za.pearson.com
© Pearson South Africa (Pty) Ltd 2019
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or
transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise,
without the prior written permission of the copyright holder.
Every effort has been made to trace the copyright holders of material produced in this title. We would
like to apologise for any infringement of copyright so caused, and copyright holders are requested to
contact the publishers in order to rectify the matter.
First published in 2008
Second edition in 2011
Third edition in 2019
ISBN 978-1-776-10223-5 (print)
ISBN 978-1-485-70211-5 (epdf )
Publisher: Silvia Raninger
Editor: Kim van Besouw
Managing editor: Ulla Schüler
Proofreader:
Indexer: Lois Henderson
Artwork:
Book design: Pearson Media Hub
Cover design: Pearson Media Hub
Cover artwork:
Typesetting: Baseline Publishing Services
Printed by xxxx printers, [city]
In line with Pearson’s editorial policy this book has been peer reviewed.
Acknowledgements:
Page 2 Introduction To South African Law.pdf
,Introduction To South African Law Introduction To South African Law 2/18/2026
Contents
About the authors ........................................................ iv Chapter 13
Administrative law (Helena van Coller)..........................271
Section 1 Chapter 14
The roots of our law 1 Criminal law (Priya P. Singh) ..........................................281
Chapter 15
Chapter 1 Law of persons, family law and law of succession
What is the law? (Lirieka Meintjes-Van der Walt) ..............3 (Priya P. Singh) ..............................................................311
Chapter 2 Chapter 16
History and development of South African law Law of property and law of intellectual property
(Amanda Barratt) ...........................................................20 (Priya P. Singh) ..............................................................333
Chapter 17
Section 2 Law of obligations (Priya P. Singh) .................................341
The trunk that supports our law 50 Chapter 18
Commercial law (Priya P. Singh) ....................................356
Chapter 3
Chapter 19
The Constitution (Shaun de Freitas) ................................52
Law of evidence (Lirieka Meintjes van der Walt) ............375
Chapter 4
Chapter 20
Legislation (Luzuko Tshingana)........................................63
Criminal procedure (Lirieka Meintjes-Van der Walt) .......392
Chapter 5
Chapter 21
Legal ethics and professional responsibility
Civil procedure (Lirieka Meintjes-Van der Walt) .............409
(Helen Kruuse) ...............................................................78
Chapter 6
Case law (Monique du Preez) .........................................95
Section 4
The international branch 420
Chapter 7
Common law (Amanda Barratt) ....................................142
Chapter 22
Chapter 8 Public and private international law (Shaun de Freitas).... 422
Customary law (Amanda Barratt and Philip Francis Iya)... 151
Chapter 9 Section 5
Secondary sources (Karmini Pillay) ................................172
A changing tree 434
Chapter 10
The court structure (Monique du Preez) ........................182 Chapter 23
Aids and the law (Priya P. Singh) ...................................436
Chapter 11
The legal profession (Monique du Preez) ......................219 Chapter 24
Thinking about the law: jurisprudence
(Lirieka Meintjes-Van der Walt) .....................................455
Section 3
The branches of our law 245
Bibliography and references ....................................469
Chapter 12
Index ..........................................................................473
Constitutional law and human rights (Avinash Govindjee
and Shaun de Freitas) ...................................................247
Page 3 Introduction To South African Law.pdf
, Introduction To South African Law Introduction To South African Law 2/18/2026
About the authors
Amanda Barratt is acting Head of the Department of Private Law at the University of Cape Town (UCT) and
coordinates and teaches the LLB course on Persons and the Family. She also teaches on the Law Faculty’s Academic
Development Programme, and on an LLM course on Intellectual Property and Development.
Helena van Coller is an associate professor in the Faculty of Law at Rhodes University where she teaches
administrative law. Her other research interest focuses on issues related to the intersection between law and religion.
Shaun de Freitas is a professor in Public Law at the Faculty of Law, University of the Free State, with specialisation
in the right to freedom of belief and conscience. De Freitas is also an adjunct professor at the University of Notre
Dame Law School, Sydney, Australia.
Avinash Govindjee is a professor of Law and Executive Dean of the Faculty of Law, Nelson Mandela University,
a consulting attorney to Cliffe Dekker Hofmeyr and a part-time senior commissioner of the Commission for
Conciliation, Mediation and Arbitration.
Philip F. Iya is a professor of African and Comparative Law at the Indigenous Knowledge System (IKS) Centre in the
Faculty of Natural and Agricultural Sciences of the North West University (NWU), Mafikeng Campus. Philip currently
assists the Indigenous Knowledge System (IKS) Centre with the legal aspects of IKS while also coordinating the
postgraduate studies and research at IKS Centre.
Helen Kruuse is a senior lecturer in the Faculty of Law at Rhodes University and an attorney of the High Court of
South Africa. Her research relates to family law and legal ethics. She is also an editor of the South African Law Journal.
Lirieka Meintjes-van der Walt is an adjunct professor of Law at the University of Fort Hare where she is the
Leader of the Law, Science and Justice Research Niche area. She has practised as an advocate at the Eastern Cape
Bar and has published close to one hundred academic articles and book chapters.
Karmini Pillay is an academic at the School of Law, University of Witwatersrand, and a facilitator in the Labour Dispute
Resolution Programme for the Commission for Conciliation, Mediation and Arbitration at the Mandela Institute.
Monique du Preez is an admitted attorney of the High Court of South Africa and employed as the Director,
Knowledge Management at an international law firm, DLA Piper South Africa. She is also a senior lecturer at the
University of Johannesburg where she lectures the module law of civil procedure.
Priya P. Singh is an admitted attorney and notary and is a lecturer in the School of Law at the University of
KwaZulu-Natal, where she teaches the law of delict, the law of succession, maritime law and cyber law. Her
doctoral research deals with the development needed by the South African law to cope with privacy infringements
on social media networking sites.
Luzuko Tshingana is an admitted attorney of the High Court of South Africa and a law lecturer at the University
of Fort Hare (UFH). He obtained his LLB at NMMU (as it then was) and LLM at University College London. He also
lectured at Rhodes University before joining UFH.
Page 4 Introduction To South African Law.pdf
