Communications Law

Definition ◦ Law is a set of rules governing human conduct,

recognised as binding by people and enforced by the State

Communications Law, Burns Y, Lexis Nexis, 2009, 2nd Edition

www.letslearnmore.weebly.com

www.saflii.org

www.polity.org.za

www.gov.za

Mention the sources of SA law

Discuss the hierarchy of the SA court system

Discuss the functions and jurisdiction of upper and lower courts

Discuss the doctrine of stare decisis and its implications for the hierarchy of courts

Read Module 1 of study guide

Chapter 1 of General Principles of Commercial Law

Module 1 of Business Law for B Com (www.letslearnmore.weebly.com)

Where does our law come from? ◦ The origins of our law

◦ Our law comes from Roman-Dutch law but is influenced by Roman law & English law

Where do we find our law? ◦ The sources of our law

◦ There are a number of sources of South African law

Sources of law

Statutory law

Common law

Statutory law (also called Acts or Legislation) ◦ The Constitution

Customary law

Judgments of the courts (judicial precedent)

The old authorities

Foreign law

Textbooks & law journals

Jurisdiction ◦ High Courts

◦ Magistrates Courts

Criminal & Civil

Regional & District Courts

Officers of the Court ◦ Attorneys & Advocates

◦ Court officials

“Let the decision stand”

Sometimes the decision of a court gives a new meaning or interpretation to our law

To create certainty & consistency courts are bound to follow previous decisions

Every court is bound by the decision of a superior court within its area of jurisdiction

Every court is bound by the decision of a court of the same status within its area of jurisdiction unless it is convinced other court is wrong

One division of the High Court is not bound by another division

Magistrates’ courts are bound by judgments of all higher courts but not of other Magistrates’ courts.

Remember the Constitution comes first

Interpretation Act 33 of 1957 ◦ Meaning of a provision determined by looking at

language and its context in the legislation read as a whole

◦ A reasonable interpretation consistent with purpose & scope of legislation preferred

Ratio decidendi ◦ The reason for the decision

◦ It is what becomes bnding

Obiter dictum ◦ A remark made incidentally or “by the way”

◦ Is not binding