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It argues that, despite the absence of constitutional guarantees and judicial review, the common law component can be invoked where statutory law creates gaps. John Dugard explains how civil rights lawyers can use these contradictions to publicize disparities, support limited enforcement of protective norms, and educate society to build pressure for incremental reform.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":45,"@type":76,"position":81},"https://docshare.wps.com/document/religion-spirituality/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/carnegie-quarterly-south-africa-law-and-civil-rights-advocacy/443606/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/carnegie-quarterly-south-africa-law-and-civil-rights-advocacy/443606.png","ImageObject",300,407,{"name":92,"@type":93},"Angel","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-13","2026-09-29",true,{"@type":102,"interactionType":103,"userInteractionCount":24},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"Why does the article question whether South Africa’s law can protect people under apartheid?","Question",{"text":112,"@type":113},"It notes the absence of a Bill of Rights, lack of judicial review, and parliamentary supremacy, suggesting limited legal routes to challenge serious human-rights abuses.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"How does the article describe the two components of South Africa’s legal system?",{"text":117,"@type":113},"It distinguishes a common law foundation combining Roman-Dutch and English traditions, alongside statutory law enacted by Parliament that entrenches apartheid and can undermine common-law freedoms.",{"name":119,"@type":110,"acceptedAnswer":120},"What opportunities does John Dugard say exist for civil rights lawyers despite statutory dominance?",{"text":121,"@type":113},"He explains that where statutory law has gaps or contradictions, common law can be invoked, allowing lawyers to press enforcement of existing protections and publicize disparities against international human-rights standards.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},443606,1791419457,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":44,"category_name":45,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":24,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":44,"language":139,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":140,"faqs":141,"seo_title":142,"seo_description":67,"update_tm":143,"read_time":144},687207412472,"https://ap-avatar.wpscdn.com/davatar_155a257f0dc6eb9ab79c44ca47cae57d","# Carnegie Quarterly\n\nCARNEGIE CORPORATION OF NEW YORK  \nIs there anything the law in South Africa can do for a personwho is about to be evicted from his home or expelled fromthe City of Johannesburg because of his race,or who isdetained incommunicado by the police without charge ortrial?The casual student of South African affairs mightassume that the legal order is so discriminatory against peo-ple of color that there is no way the law can be used toprotect them from systematic oppression.  \nIndeed,although South Africa counts itself as part of thecommunity of Western democratic nations,it lacks some ofthe key attributes of a democracy.There is no basis in thecountry's Constitution,nor is there a Bill of Rights,toprovide a source of legal challenge to gross abuses of humanrights.There is no practice,as in the United States,ofjudicial review of legislation.Nor is Parliament,the su-  \nin South Africa  \npreme legislative authority,checked by the Rule of Law,asis the British Parliament on which the South African legis-lature is moieled.*Only whites,who make up one-fifth ofthe population,can vote.Apartheid,the official policy ofracial separation,which has been pursued by the political  \nparty inpower since 1948,hasproduced an arrayof repressivemeasures that are contrary to Western notions of justice.  \nGiven this,there would seem to be scarcely any scope forusing the law as an instrument for progressive change andvirtually no role to play for the socially concerned lawyer.  \nYet,according to John Dugard,former dean of the Fac-ulty of Law of the University of the Witwatersrand,inJohannesburg,and one of South Africa's most respectedlegal scholars and civil rights advocates,the situation ismore complicated than it appears for the very reason thatSouth Africa's legal system has two distinct components.Its foundation is the common law,which is a mix of Roman-Dutch common law and English common law inherited fromthe 17th and 18th centuries.It embraces the whole Westernlegal tradition which seeks to advance human liberty andequality before the law.\"South African courts,\"Dugardpoints out,\"have repeatedly declared that under the com-mon law the individual,whatever his race or creed,is enti-tled to all the basic freedoms.\"South Africa's own ministerresponsible for black affairs,during a visit to the UnitedStates in late 1979,revealed his knowledge of common lawprinciples when he wrote,\"I do not need anyone fromabroad reminding me that a society where any man,what-ever his creed or color,is denied human rights,is an unjustone.I am fully aware of this and so is my government.\"*  \nThe other component of the South African legal systemis the statutory law erected over the common law by Parlia-ment.Under the doctrine of parliamentary supremacy,whichwas reaffirmed in South Africa's Constitution of 1961,Par-liament may make any law it pleases,and no court of lawor any other body may lawfully challenge its will.Throughthe years the statutory law,in furthering the country's policyof apartheid,has steadily undermined the basic human rightsand freedoms of person,movement,speech,association,and assembly that are contained in the common law.(Al-though the legal system in the United States also combinesstatutory and common law,by contrast,its Constitution andthe practice of judicial review ensure against a divergencebetween the two.)  \nEven though the statutory system takes precedence inmost instances in courts charged to enforce it,\"where thereis a gap or contradiction in the law,\"says Dugard,\"thecommon law can be invoked.\"  \nFor example,the writ of habeas corpus,intended to pro-tect individuals against illegal imprisonment,is imbeddedwithin common law tradition but has been removed by stat-utory law in cases of detention for offenses seen as a threatto the security of the state by the authorities.“Although thelaw here is very clear and cannot be challenged,\"saysDugard,\"the civil rights lawyer can nonetheless give max-imum publicity to the disparity betw","cbCainBva1t4yBmi","https://ap.wps.com/l/cbCainBva1t4yBmi","pdf",2952911,"English","# Overview\n## Lack of constitutional safeguards and democratic checks\n# Two Components of the Legal System\n## Common law tradition and basic freedoms\n## Parliamentary supremacy and statutory restrictions\n# Legal Gaps and Advocacy Strategies\n## Habeas corpus and publicizing contradictions\n## Pass laws and procedural enforcement\n# Public Education and Incremental Change","[{\"question\":\"Why does the article question whether South Africa’s law can protect people under apartheid?\",\"answer\":\"It notes the absence of a Bill of Rights, lack of judicial review, and parliamentary supremacy, suggesting limited legal routes to challenge serious human-rights abuses.\"},{\"question\":\"How does the article describe the two components of South Africa’s legal system?\",\"answer\":\"It distinguishes a common law foundation combining Roman-Dutch and English traditions, alongside statutory law enacted by Parliament that entrenches apartheid and can undermine common-law freedoms.\"},{\"question\":\"What opportunities does John Dugard say exist for civil rights lawyers despite statutory dominance?\",\"answer\":\"He explains that where statutory law has gaps or contradictions, common law can be invoked, allowing lawyers to press enforcement of existing protections and publicize disparities against international human-rights standards.\"}]","Carnegie Quarterly - South Africa Law and Civil Rights Advocacy | PDF",1790704609,23]