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BUSINESS LAW & ACCOUNTING CONTROL
The written laws of business
Law
Law is a set of rules governing human conduct, recognised as binding by people and
enforced by the State
Division of law
Substantive Law Adjective Law
The context & meaning of laws How the substantive law is enforced
The Law
Public Law Private Law
Public International Law Law of Persons
Constitutional Law Family Law
Administrative Law Property Law
Criminal Law & Procedure Law of Succession
Civil Law & Procedure Immaterial Property Law
Law of Evidence Law of Delict
The SA Legal System
Origins of our law
Our law is based on Roman-Dutch Law and is also influenced by Roman Law & English Law
The Sources of our Law
Legislation (Acts or statutory law)
The Constitution
Common Law
Judicial Precedent ( Stare Decisis)
Customary Law
Old Authorities
Foreign Law & Textbooks etc (persausive)
Example – Consumer Protection Act 68 of 2008
The Divisions of Power
Legislature – makes the law
Executive – implements & enforces the law
Judiciary – interprets the law & determines disputes
Court System
Constitutional Court Supreme Court of Appeal
The High Court
Provincial & Local Divisions Specialised Courts
The Magistrates’ Courts
Regional Courts District Courts
Small Claims Court
Civil Procedure
Civil procedure provides the rules for civil matters in the Courts
Litigation commences by way of either an application or an action procedure
Action Procedure
Summons
Appearance to defend
Request for further particulars
Reply
Plea (& counterclaim)
Discovery
Trial
Judgment
Appeal
Execution
Application Procedure
Notice of Motion with Founding Affidavit
Answering Affidavit
Replying Affidavit
Criminal Procedure
Complaint laid at SAPS
Arrest & charged
Bail
Plea
Trial
Verdict
Evidence in mitigation / aggravation
Sentencing
Appeal
The problems with the Court system
Adversarial
Time consuming
Costly
Alternative Dispute Resolution
Negotiation
Mediation
Arbitration
The Law of Contract
A contract “can be described as an agreement concluded by two or more persons with the
serious intention of creating legally enforceable obligations”.
Havenga (2010)
Requirements of a valid contract
Consensus
Capacity to Act
Legality
Possibility of Performance
Formalities
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