Wille's Principles of South African Law

The aim of this work remains to set out the basic principles of South African private law systematically, in clear unmistakable language, and as comprehensively as is possible in a single volume. The ninth edition retains the basic structure of the previous edition with innovation in the treatment of its subject matter and the dissemination of original research. All chapters have been rewritten, in most cases from scratch, in order to take account of major changes in the law in the 15 years since the previous edition, or to improve and modernize the treatment of a topic. The useful practice in previous editions of citing the older, original authority for a proposition alongside contemporary sources have nevertheless been maintained as far as possible. Many of the changes were necessitated or inspired by the Constitution, which has radically altered the foundations of our legal system. The impact of the Bill of Rights on private law has been significant and is growing, via both the horizontal application of fundamental rights and their legislative implementation and elaboration. This is reflected in the structure and content of the new introductory general part as well as in the text of virtually every chapter. Importantly, the Constitution has given new prominence to indigenous customary law, and in this edition we have sought, where possible in and relevant for a work of this nature, to reflect its status as equal partner of the common law. This has led to major changes in almost all of the chapters on Persons and the Family. The frequency of far-reaching judicial changes to the law combined with the uncertainties of legislative timetables to necessitate several significant revisions during the final stages of preparation for publication. In today’s circumstances it is virtually impossible to provide a fully up-to-date statement of such a large portion of the law at a specific cut-off point. The authors have nevertheless endeavoured to state the law in accordance with the sources available to them on 30 November 2006.