South Africa

South Africa, officially the Republic of South Africa, is the southernmost sovereign state in Africa. It is bounded on the south by 2,798 kilometers of coastline of southern Africa stretching along the South Atlantic and Indian Oceans, on the north by the neighbouring countries of Namibia, Botswana and Zimbabwe, and on the east by Mozambique and Swaziland, and surrounding the kingdom of Lesotho. South Africa is the 25th-largest country in the world by land area, and with close to 53 million people, is the world's 24th-most populous nation. It is the southernmost country on the mainland of the Old World or the Eastern Hemisphere.

South Africa is a multiethnic society encompassing a wide variety of cultures, languages, and religions. Its pluralistic makeup is reflected in the constitution's recognition of 11 official languages, which is among the highest number of any country in the world. Two of these languages are of European origin: Afrikaans developed from Dutch and serves as the first language of most white and coloured South Africans; English reflects the legacy of British colonialism, and is commonly used in public and commercial life, though it is fourth-ranked as a spoken first language.

Africa

Africa is the world's second-largest and second-most-populous continent. At about 30.2 million km² (11.7 million sq mi) including adjacent islands, it covers six percent of Earth's total surface area and 20.4 percent of its total land area. With 1.1 billion people as of 2013, it accounts for about 15% of the world's human population. The continent is surrounded by the Mediterranean Sea to the north, both the Suez Canal and the Red Sea along the Sinai Peninsula to the northeast, the Indian Ocean to the southeast, and the Atlantic Ocean to the west. The continent includes Madagascar and various archipelagos. It contains 54 fully recognized sovereign states (countries), nine territories and two de facto independent states with limited or no recognition.

Africa's population is the youngest amongst all the continents; the median age in 2012 was 19.7, when the worldwide median age was 30.4.Algeria is Africa's largest country by area, and Nigeria by population. Africa, particularly central Eastern Africa, is widely accepted as the place of origin of humans and the Hominidae clade (great apes), as evidenced by the discovery of the earliest hominids and their ancestors, as well as later ones that have been dated to around seven million years ago, including Sahelanthropus tchadensis, Australopithecus africanus, A. afarensis, Homo erectus, H. habilis and H. ergaster – with the earliest Homo sapiens (modern human) found in Ethiopia being dated to circa 200,000 years ago. Africa straddles the equator and encompasses numerous climate areas; it is the only continent to stretch from the northern temperate to southern temperate zones.

Law

Law is a system of rules that are enforced through social institutions to govern behavior. Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.

A general distinction can be made between (a) civil law jurisdictions (including Catholic canon law and socialist law), in which the legislature or other central body codifies and consolidates their laws, and (b) common law systems, where judge-made precedent is accepted as binding law. Historically, religious laws played a significant role even in settling of secular matters, which is still the case in some religious communities, particularly Jewish, and some countries, particularly Islamic. Islamic Sharia law is the world's most widely used religious law.

Human rights

Human rights are moral principles or norms, that describe certain standards of human behavior, and are regularly protected as legal rights in municipal and international law. They are commonly understood as inalienable fundamental rights "to which a person is inherently entitled simply because she or he is a human being," and which are "inherent in all human beings" regardless of their nation, location, language, religion, ethnic origin or any other status. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They require empathy and the rule of law and impose an obligation on persons to respect the human rights of others. They should not be taken away except as a result of due process based on specific circumstances; for example, human rights may include freedom from unlawful imprisonment, torture, and execution.

Law in Africa

The law in Africa is a diverse mix of common law, customary law, civil law and religious law systems. Africa is the second largest continent and has 54 countries contained in it.

History

Africa has been shaped primarily through different countries' inheritance of laws which existed in Europe through the nineteenth century. For instance, the primary sources of South Africa law were Roman-Dutch and English Common law, imports of Dutch settlements and British colonialism. Thus it is sometimes termed Anglo-Dutch law. Various lawmaking bodies have existed within South Africa over time. Yet in fact, some of the oldest legal systems began first in Africa. For instance, Ancient Egyptian law used a civil code, based on the concept of Ma'at. Tradition, rhetorical speech, social equality and impartiality were key principles. Judges kept records, which was used as precedent, although the systems developed slowly.

A polycentric legal system, called Xeer developed exclusively in the Horn of Africa more than a millennium ago and is still widely used by the Somali people. Under this system, elders serve as judges and help mediate cases using precedents. Xeer is a good example of how customary law can work in lieu of civil law, and is a good approximation of what is thought of as natural law. Several scholars have noted that even though Xeer may be centuries old, it has the potential to serve as the legal system of a modern, well functioning economy. The Xeer also shows how influential a system of laws can be with regard to the development of a culture. According to one report, the Somali nation did not begin with the common use of the Somali language by the Somali clans, but rather with the collective observance of Xeer. An analogous phenomenon is also said to have occurred among the neighbouring Oromo nation, the latter of which is now under Ethiopian rule.