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CML1501 EXAM NOTESSECTION A: 30 MARKS MULTIPLE CHOICE
UNIT 1, UNIT 2, UNIT 3
SECTION B: 70 MARKS SIX QUESTIONS
UNIT 2, UNIT 3, UNIT 4, UNIT 5
, THEME 1: UNIT 1 THE SOUTH AFRICAN LEGAL SYSTEM
1.1WHY SHOULD I STUDY COMMUNICATION LAW?
Friction arise where there is constant interaction between people, friction can lead to legal
issues. Must understand the legal principles that affect daily tasks.
1.2WHAT IS MEANT BY JURSDICTION?
Judicial process: the process relating to the legal system and the judgements made in a court of law.
Jurisdiction refers to authority. Indicates the limits of a governmental body’s rights and powers. A
governmental body can only function within the sphere of its jurisdiction.
How is jurisdiction determined?
The geographical territory within which a governmental body may exercise its legal
authority.
The subject matter over which the governmental body has the legal authority.
Exclusive jurisdiction versus concurrent jurisdiction:
If a certain body is the only body that can use its authority in a certain way we say they have
exclusive jurisdiction. I.e. the national government has exclusive jurisdiction to make laws with
regard to copy right. In some instances provincial and national governments have authority to
regulate the same fields; this is referred to as concurrent jurisdiction – runs together.
1.3 the court system
Court jurisdiction:
Jurisdiction can be applied to any governmental body. Also applicable to the judiciary. Different
courts have different jurisdictions. Certain courts handle certain types of legal disputes and/or
disputes in a specific in region.
Courts are divided up into two types – trial courts and appellate courts.
Trial courts – evidence is presented to determine facts of a case ad a decision is reached by
applying the law to those facts
Appellate court – higher status than trial court. Here a judge or panel of judges determines if the
trail court has made any errors in its application of the law, and if those errors justify changing
the trial decision.
Constitutional court:
Highest power in country = constitutional court. “the constitution is the supreme law of the
republic” all persons and institutions within the country and subject to the constitution. Even
parliament is bounded by the constitution and only has jurisdiction that the constitution gives it.
Constitutional court function – make sure everyone abides by the constitution. Exists
independently of other courts. It acts as both a trial court and an appellate court, jurisdiction
limited to constitutional matters. Cannot judge on disputes not linked to the constitution.
, Constitutional matters are concerned with the status, power and functions of various organs of
state in terms of the constitution. The constitutional court will therefore determine whether
organs of state have functioned within their jurisdiction, and whether legislation at national and
provincial levels exceeds the limits set out by the constitution. Other courts may also decide on
constitutional matters but the constitutional court remains the highest authority in which to
appeal in this regard.
Supreme court of appeals:
Highest court in the country for matters not relating to the constitutional matters, has un-limited
jurisdiction in the extra-constitutional sphere. (Outside of constitutional matters) the function of
this court is hear appeals and issues relating to appeals. Situated in Bloemfontein. Cannot act as
a trail court.
High courts:
High courts act as appellate courts to hear appeals from courts that are lower in the hierarchy.
Also act as trial courts when disputes involving large amounts of money or crimes of serious
nature are introduced here and not in the lower courts. When high court acts as trial court – not
happy with outcome can appeal to the supreme court of appeal. Territory used to determine
jurisdiction of the various high courts. Jurisdiction is limited to a circumscribed area. Occurs in
more than one province, all provinces concerned have jurisdiction – concurrent. High courts not
always on specific place/building. Circuit courts – judges sent on circuit, usually in ore distant
place.
Magistrate’s court:
Lower status than high court – jurisdiction in criminal and civil cases. As regards criminal
jurisdiction two distinctions
magistrates court of region – regional magistrates courts
magistrates court of district – districts magistrates court or magistrates court
Regional magistrate’s courts only deal with criminal cases – district magistrate’s court
deal with criminal and civil cases. Makes decisions inside magistrate’s courts –
sometimes with the help of lay assessors. Divided into criminal and civil courts
Regional magistrate’s courts deal with more serious cases than the ordinary magistrate’s
court. Regional courts also have jurisdiction to hear cases in terms of divorce. District
courts cannot try very serious crimes and can impose lesser sentences than regional
courts. Specials magistrates courts –children’s court, sexual offense court.
Small claims court:
Assist parties looking to end disputes quickly and inexpensively. The person who adjudicates is called
the commissioner of small claims. Only natural persons may institute proceedings and no cases may
be heard against the state. Each person has chance to state case, done oral or written. Matter
involving R15 000. Subject to change. Examples of claims: divorce, will, malicious prosecution,
wrongful imprisonment, seduction and breach of promise to marry. No appeal can be lodged against
, the decision of the small claims court, review possible by high court if case falls out of jurisdiction, or
if serious irregularities occurred.
Various other courts:
Exclusive jurisdiction in specialised fields, appeal possible to the high court or supreme court of
appeal.
Land claims court
Labour court
Special income tax court
Patents, copyright, trademarks
1.4sources of the law :
Authourative sources of the law
Constitutional law
The constitution is the usually the most fundamental law of a country. Provides guidelines for
governments & lays down the form, functions and operating procedures of government.
Determine the relationship between the government and its subjects and guarantees people
certain basic human rights.
o The South African constitution – constitution of the republic of south Africa
1996. Sets out the structure of the countries government and explains how it is
divided into executive, legislative and judicial branches of government. The
structure, jurisdiction and operation of these branches and there various
institutions are set out in detail. Contains a section called the bill of rights, which
guarantee certain rights and freedoms will be protected and provides
institutions to ensure that government doesn’t abuse its powers.
o Provincial constitutions – each province has its own constitution. Take the same
form as the national constitution, may not contradict the national constitution.
o Judicial interpretation – precise meaning of terms not always clear. If
constitution needs to be interpreted by some branch of government, done by
judiciary.
o Constitutional law therefore does not refer to written languages of the
constitution alone but also refers to the interpretations of the constitution done
by the courts.
Statutory law
Statutes are the laws passed by the legislatures or the legislative bodies. Three different tiers of
legislative bodies that can create legislation. Laws made by lower tier cannot contradict the laws
made by parliament. Parliament may make laws contradictory to provincial and municipal laws.
o Parliament – creates statutes or acts
o Provinces – create provincial statutes
o Municipal councils – by-laws and regulations
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