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