as ratio decidendi. This is the reason for the decision. It is the binding part of judicial precedent. A judge may give his opinions on a legal rule or may comment on a set of facts. These comments form the obita dicta (by the way of statements. These are not binding but persuasive. CUSTOMARY LAW A custom arises out of constant practice over a very long time. For a practice to be accepted as a custom it must meet certain requirements as given in the South African case Van Brendan v Jacobs (1921) It was held The custom must be well known It must have existed for a long time It must not be contrary to any statutory provisions The custom must not be contrary to any acceptable morals One major problem of customs is that they are largely unwritten and exist in the minds of old people. Hence evidence on the existence of such might be non-existent or confused. COURT STRUCTURE AND JURISDICTION SUPREME COURT Is the superior court of record and the final court of appeal. In this court a case cannot be heard for the first time unless it is a constitutional one.
as ratio decidendi. This is the reason for the decision. It is the binding part of judicial precedent. A judge may give his opinions on a legal rule or may comment on a set of facts. These comments form the obita dicta (by the way of statements. These are not binding but persuasive. CUSTOMARY LAW A custom arises out of constant practice over a very long time. For a practice to be accepted as a custom it must meet certain requirements as given in the South African case Van Brendan v Jacobs (1921) It was held The custom must be well known It must have existed for a long time It must not be contrary to any statutory provisions The custom must not be contrary to any acceptable morals One major problem of customs is that they are largely unwritten and exist in the minds of old people. Hence evidence on the existence of such might be non-existent or confused. COURT STRUCTURE AND JURISDICTION SUPREME COURT Is the superior court of record and the final court of appeal. In this court a case cannot be heard for the first time unless it is a constitutional one.
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