Guide to Foreign and International Legal Citations - New York ...

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SOUTH AFRICA
Republic of South Africa
I. COUNTRY PROFILE (Common Law)
South Africa is a republic comprised of nine provinces. South Afirca’s official languages
are Sepedi, Sesotho, Setswana, Siswati, Tshivenda, Xitsonga, Afrikaans, English, isiNdebele,
isiXhosa, and isiZulu. Its legal system is based primarily on the common law traditions,
although it also features elements of civil law.
The Constitution of the Republic of South Africa, which took effect on February 3, 1997,
established the form of government. Executive power is vested in the President, who is both the
head of state and head of government. The President is elected by members of the National
Assembly to a five-year term, and may not serve more than two terms.
Legislative power is vested in the bicameral Parliament, which consists of the National
Assembly and the National Council of Provinces. The 400 Members of the National Assembly
are elected by the people on the basis of proportional representation to five-year terms. The
ninety Members of the National Council of Provinces are elected by the nine provincial
legislatures to five-year terms. Each province elects ten Members. Most legislation is
introduced in the National Assembly (appropriations legislation must originate there), though
legislation affecting the provinces may be introduced in the National Council of Provinces.
Legislation passed by both houses of Parliament must be signed by the President or referred back
to the National Assembly for review of their constitutionality.
Judicial power is vested in the courts, which include the Constitutional Court, the
Supreme Court of Appeal, the High Courts, the Magistrates' Courts and other courts established
and recognized by law. The Constitutional Court is composed of a President, a Deputy President,
and nine additional Judges. It hears cases involving constitutional questions, and is the only
body that may decide disputes between national and provincial governments concerning their
respective powers, functions, and status, rule upon the constitutionality of national or provincial
legislation and amendments to the Constitution, and determine whether Parliament or the
President has failed to fulfill a constitutional obligation.
The Supreme Court of Appeal consists of a Chief Justice, a Deputy Chief Justice, and
additional Judges. It is the highest court of appeal and has appellate jurisdiction over all cases
except those involving constitutional questions. The High Courts hears cases involving
constitutional questions that are not under the exclusive jurisdiction of the Constitutional Court,
as well as all other cases. Decisions of the Supreme Court of Appeal or a High Court that an Act
of Parliament, a provincial Act, or conduct of the President is unconstitutional have no force
unless confirmed by the Constitutional Court.
The President and the Deputy President of the Constitutional Court, and the Chief Justice
and Deputy Chief Justice of the Supreme Court of Appeal are appointed by the President in
consultation with the Judicial Service Commission. Leaders of the parties represented in the
National Assembly are also consulted regarding appointment of the President and Deputy
President of the Constitutional Court. Other Judges of the Constitutional Court are appointed by
the President based on a list submitted by the Judicial Service Commission and in consultation
with the President of the Constitutional Court and leaders of parties represented in the National
Assembly. Remaining Judges are appointed by the President on the advice of the Judicial
Service Commission.