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    Section of the Constitution addresses the various circumstances in which international agreements or treaties are applicable in South Africa.

    This provision provides that as a general rule, a n international treaty that has been ratified and approved by the National Parliament, becomes locally enforceable by the courts as part of domestic law when it is transformed or incorporated into local law. Both transformation and incorporation are legislative measures, meaning that they involve the adoption of local legislation to give effect to the treaty in question.

    In the event of incorporation, the local legislation simply adopts the treaty in toto as being applicable as domestic law. Interestingly, section 4 specifies that a self-executing provision of an international agreement is applicable without transformation or incorporation, if it is approved by parliament and consistent with the Constitution.

    Some scholars have argued that the vagueness of what is meant by a self-executing provision may provoke debate. Customary international law refers to rules that are developed as the result of consistent widespread state practice, which practice is viewed as legally binding by those states. In addition, section of the Constitution obliges every court when interpreting legislation to prefer any reasonable interpretation of the legislation which is consistent with international law over any interpretation which is not.

    Importantly, Section 39 1 b of the Constitution obliges courts in South Africa to consider international law when interpreting the Bill of Rights of the Constitution. The Constitutional Court has held that reference to international law in this provision includes both binding as well as non-binding international law.

    Sources of Legislation Print form: Acts of Parliament are initially published in the official Government Gazette. They are also republished commercially in consolidated 'as amended' form by the major South African legal publishers, LexisNexis, Butterworths and Juta. The official version of an Act of Parliament is published in the Government Gazette. The Gazette is usually the only printed source of regulations - subordinate legislation issued by government ministers in terms of enabling statutes.

    Draft bills are occasionally published in the Gazette, but bills are issued as a separate series and obtainable from the Government Printer. The Gazette also includes proclamations, government notices, commencement dates of statutes, price regulation measures and industrial regulations. This is a loose-leaf publication of consolidated acts, kept by up-to-date by annual supplements. The set is arranged into subject 'titles' e.

    Within each 'title' the acts are arranged chronologically. The index volume vol. The chronological index also lists repealed acts, with details of the repealing legislation. Indexes at the end of each 'title' include: Although the full text of regulations is not reproduced in this work, there is a section containing references to regulations passed in terms of the acts. These references include the regulation gazette or the government notice number, the Government Gazette number and date of publication.

    Juta publishes an annual edition of its seven-volume set of consolidated statutes. Juta classifies the acts into 18 groups and subgroups according to their subject matter. The full text of principal acts is given, but amending acts appear in abbreviated form, because the amendments will have been incorporated into the relevant principal acts.

    Substantive provisions in amending acts are reproduced in full. The index volume provides alphabetical and chronological tables of statutes and an alphabetical index to groups and subgroups. Other indexes include 'Legislation Judicially Considered', which lists leading cases on particular sections of the statutes; and an index to regulations passed in terms of the various acts, providing the Government Gazette numbers where the regulations may be found.

    Butterworths Regional Legislation Service: Loose-leaf service containing the acts and regulations of the nine provincial governments. Butterworths publishes selected acts as part of its Butterworths Legislation Service. This service is aimed at legal practitioners, and the acts selected tend to be those which are used in everyday legal practice and which change frequently e. This loose-leaf service is updated quarterly, and is thus reasonably up-to-date. Unlike the main Butterworths set of statutes, these works reproduce the full text of the regulations and rules made in terms of the acts.

    There are several other loose-leaf services to specific acts, often published under the name of an individual editor. These works include both the principal acts and the regulations made in terms of these acts, and regulations are thus more easily accessible. There is usually editorial commentary discussing the statutory material.

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    Blackman - Commentary on the Companies Act. Budlender - Juta's New Land Law. Davis - Juta's Income Tax. Erasmus - Superior Court Practice. Harms - Civil Procedure in the Superior Courts.

    Meskin - Henochsberg on the Companies Act. Meskin - Insolvency law and its Operation in Winding-up. Reyburn - Competition Law of South Africa. Juta and Butterworths products: The Butterworths and Juta products discussed above are available in electronic form, and may be purchased either as stand-alone or networked CD-ROMs, or may be accessed from the publishers' online services.

    The electronic versions of the South African Statutes products are substantially similar to the print versions, including all indexes, and may thus be used in the same way. However, the electronic versions also allow a range of keyword searching options.

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    If the library subscribes to additional products such as the online law reports, indexes such as 'legislation judicially considered' will link directly to the full text of the cases concerned. The statutes collections published in electronic form include the full text of many regulations. Both publishers produce 'libraries' on particular topics, for example Constitutional law, Labour law, Company law, etc. These electronic libraries typically include relevant statutes, case law and commentaries, and some include journal articles, full text electronic textbooks, and regulations.

    Free Sites Available on the Internet: Policy and Law Online News: This is a privately-run site, providing a wealth of government information. The site includes the full text of legislation: Bills sinceand Acts sinceand also provides the full text of: The official website of the Parliament of South Africa provides full text of acts passed from onwards, and the full text of bills since The site also provides background information on Members of Parliament and the legislative process; selected Parliamentary papers, Parliamentary Committee reports and Hansard reports.

    The official website of the South African Government provides full text of acts passed sinceand the full text of bills since The full text of many regulations is also reproduced here. The site provides the full text of many speeches and policy and information documents, including white papers and green papers.

    It also provides useful background information on various aspects of the South African governmental structure and process, as well as links to the various Government Departments and the Provincial Governments.

    The Parliamentary Monitoring Group site tracks the activities of Parliament and the Parliamentary Select Committees, and follows the progress of discussion papers, white papers, and bills i. There are links to the various provincial governments from the South African Government site.

    Many of the provincial governments publish provincial legislation and official policy documents online. The World Legal Information Institute provides links to some of the sites mentioned above, as well links to a few other South African acts. Search under South Africa in the Worldlii catalogue. Both and Juta offer free 'legislation watch' services, with weekly updates on new statutes and regulations at both national and provincial level. See the publishers' websites for more information.

    Case Law Sources 5. From onwards, decisions of the Appellate Division were reported in addition to the separate reports for the four Provincial Divisions. Juta, South Africa's oldest legal publisher has published law reports since the mid-nineteenth century.

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    The other major South African legal publisher, Butterworths now LexisNexis Butterworthslaunched several series of law reports in the 's. These cases have been collected and published in a single volume: Juta,covering the period - Recently, Mark Stranex, a South African advocate, has edited several loose-leaf 'casebooks' aimed at practitioners, and containing the full text of the most important judgments in particular areas of law.

    These include Judgements on Copyright first issued in ; Insolvency Judgements: Other specialised series of law reports include Juta's South African Tax Cases since and the Butterworths series: This four-volume work includes tables of cases; a 'noter-up' which is similar to the American Shepards, and provides information on the subsequent history of points of law set down in a case ; indexes to judicial interpretation of legislation and legal 'words and phrases'; and a two-volume subject index.

    This four-volume work contains tables of all cases reported in the series since ; a table of Case Annotations for both local and foreign cases referred to in South African judgments outlining the nature and extent of the consideration given to the prior judgement ; a table of legislation considered by the courts and a two-volume subject index. Juta has also published various indexes to its law reports for each division of the High Court for the period There are separate indexes for other series of law reports including the Butterworths Index to Constitutional Cases sincewhich indexes cases on constitutional matters reported in the Butterworths Constitutional Law Reports and the South African Law Reports.

    This cumulative index is updated annually. Another annually cumulated index, the Butterworths Labour Law Reports Index covers cases reported in this series since Translations of the South African Law Reports: South African judgments were historically reported in the language in which they were delivered.

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    In the past, this was in either of the two official languages, English and Afrikaans. Juta published the English translations of Afrikaans judgments in its South African Law Reports Translations and revived this series briefly in the mid 's.

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    Both Juta and LexisNexis Butterworths produce electronic versions of the post law reports outlined above and the Appellate Division since The 'electronic libraries' produced by each publisher discussed above include relevant case law. South African cases are reported very selectively, but both Juta and LexisNexis provide access to cases that were considered for publication, but did not subsequently appear in the printed law reports.

    Free Case Law Online: The Constitutional Court and Supreme Court of Appeal sites provide easy access to judgments as supporting documentation for some of the cases including affidavits, submissions by interested parties, counsels' heads of argument, and unreported judgments from the court a quo where applicable.

    Links to judgments from other Courts can also be accessed from the Constitutional Court website.
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