ABSTRACT

South Africa has a "hybrid" or "mixed" legal system, based on a number of distinct legal traditions such as a common law system from the British, a civil law system inherited from the Dutch, and a customary law system originated in native Africans. This chapter reviews the economic and social development case of South Africa since the end of Apartheid from the legal and institutional perspectives. Enacted statutes and regulations, including constitution, judicial precedents, and customary law with diverse origins are the subject of analysis, although this chapter focuses on pronounced development initiatives, enacted statutes and constitution, and institutional frameworks. The chapter discusses analytical sequence of the regulatory impact mechanisms, and the general theory of law and development comprised of three analytical elements and additional sub-elements, including "regulatory design," "regulatory compliance," and "quality of implementation." The adaptability of the development initiatives to the socioeconomic conditions on the ground is a factor that determines their effectiveness.