A South African Lawyer Must Meet Tough Challenges

The role of a South African lawyer can be something of a complex one. This unusual degree of complexity arises from the hybrid nature of the country’s law. The nation’s mixed legal system combines elements of a civil law derived from the Dutch, indigenous laws originating from the African population and civil law passed on by the British. Recent additions arising from the transition to majority rule have introduced further laws and procedures making the task of a South African lawyer even more demanding.

In general, when addressing matters of procedural law, company law and the law of evidence, the South African lawyer must refer to English law whilst most other legal areas such as contract law, family law and the law of delict or tort as applied to mass legal actions, fall under the aegis of Roman-Dutch common law. The country’s court system, too, is a complex one, comprising Magistrate’s courts, High courts, the Supreme Court and the Constitutional Court each with its own protocols and procedures, placing even greater demands on the South African lawyer.

In the years since the move to democratic government, there have been major improvements to laws governing the welfare of employees, their remuneration and their working conditions. This has led to a need for the South African lawyer to become familiar with labour law. Many old and now irrelevant laws may have not yet been repealed and while the law makers may labour to address these oversights, the South African lawyer is called upon to protect clients from their possible consequences.

The South African lawyer faces constant change. Updated laws governing property rights as well as corporate and commercial laws, laws concerning privacy and the protection of personal information are now in place and subject to constant amendment in order to improve them. The dynamic state of the nation’s laws and the peculiar hybrid framework of law pose a stiff and continuing challenge for the South African lawyer.

For reliable, legal assistance from a South African lawyer who is up to the challenge, contact us.