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9 views1 page

Lsa 2.2

Uploaded by

mankgelebogang03
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Public law vs

Private law

Private law governs the relationships between individuals, such as contracts, Public law governs the relationships between individuals and the state,
property and family matters. including Constitutional law, administrative law and criminal law.

BRANCHES OF PRIVATE LAW BRANCHES OF PUBLIC LAW

Constitutional Law:
Law of Succession
Constitutional law, which defines the state and is included in the Republic of South
This branch governs the distribution of a deceased
person’s estate. It covers both testate succession (when Africa's 1996 Constitution, which outlines the essence of the state, its branches,
the deceased left a will) and intestate succession (when and fundamental human rights in the Bill of Rights (BOR), is included in public law.
the deceased did not leave a valid will).
Case Law
Commercial Law S v Makwanyane 1995 (3) SA 391 (CC) (Abolishment of the
death penalty)
Commercial law, also known as business or trade law,
governs the conduct of trade and commerce. It covers Case law, which emphasizes values like human dignity and the
areas such as contracts and the sales of goods. principle of Ubuntu, which symbolizes humanity's oneness
and regard for individuals, has declared the death sentence

Criminal Law:
Law of Obligation
The body of national legislation pertaining to crime in South
The law of obligation governs the legal relationships
Africa is known as South African criminal law. The purpose of
where one party is bound to perform or refrain from
criminal law is to give society a social tool to force its
performing an act for the benefit of another.
members to refrain from actions that are detrimental to the
common good. focuses on laws related to crime, punishment
Administrative Law: and justice for individuals and society.

Deals with the rules and regulations governing government


agencies and officials. To put it another way, administrative law
governs, at least in modern-day South Africa, "the activities of CASE LAW:
bodies that exercise public powers or perform public functions,
S v. Zuma (1995): This case established important principles
irrespective of whether those bodies are public authorities in a
regarding the right to a fair trial and the procedures for calling
strict sense."
witnesses in criminal proceedings. The court emphasized the
need for the prosecution to prove guilt beyond a reasonable
Case law doubt.

Pinchin v Santam insurance Co Ltd


Pinchin v Santam Insurance Co Ltd (1967), the South African Appellate
Division ruled that an insurer's liability is determined by the policy's
terms, not the insured's subjective expectations.

Legislation under private law Legislation under public law


Contract Act 25 of 1988 National Health Act 32 of 2003
Deeds Registries Act 47 of 1937 Criminal Procedure Act 51 of 1977
Intestate Succession Act 81 of 1987 The Labour and Relations Act 66 of 1995
Marriages Act 25 of 1961 The Public and Finance Management Act 1 of 1999

ARTICLE
Public law and private law are the two primary parts of the legal system in South Africa, while the Constitution, which was ratified in 1996, acts as
the ultimate law. Criminal, administrative, and constitutional law are all included in public law, which regulates people's interactions with the
government. Famous cases like Minister of Home Affairs v. Fourie and S v. Makwanyane emphasize the preservation of rights and the abolition of
the death sentence, respectively, while important pieces of legislation include the Promotion of Administrative Justice Act and the Constitution.
While the Children's Act and the Consumer Protection Act are two pertinent pieces of legislation, private law governs connections between
persons through fields including contract law, tort law, family law, and property law. When combined, these branches provide a fair legal system
that protects both social interests and individual liberties.

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