Can We Repay The Debt?

After the Cape was taken over by the British at the end of the eighteenth century British control lasted until 1910. Although Roman-Dutch law was retained as the common law of South Africa there was an inevitable movement to adopt English law and institutions. Court procedures, including the law of evidence, was substantially absorbed. In areas where Roman-Dutch law was of little assistance such as the law on companies, insolvency, negotiable instruments and intellectual property, English legislative patterns were followed. In shipping law and marine insurance together with fire and life assurance English law was influential in the development of an insurance jurisprudence.

Against this background Roman-Dutch law was kept as an excellent legal system founded on Roman law and developed in the Netherlands and continental Europe. It is based on time-honoured principles but is capable of development to meet modern conditions.