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accused advocates Afrikaans answer apartheid appeal appellate division apply argument assembly attorneys audi alteram partem authority Cape chap chapter civil claim client common law constitutional court contract Corpus luris countries crime criminal law criminal procedure culpable homicide damages death penalty decision defendant delict Derby-Lewis dispute Eastern Roman Empire English law evidence example executive facts glossators guilty human rights indigenous law instance interpretation judge judgment jurisdiction juristic person jurists justice language law reports lawyers legal representative legal rules legal subject legal system legislation lower courts magistrates matter means murder Nelson Mandela parliament parties person plaintiff president principles private law proceedings provides punishment question rape ratio decidendi reasonable reference regulates respect Roman law Roman-Dutch law sentence society source of law South African law specific statute subjective rights supreme court tion trial vehicle witness