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Author: Admin | 2025-04-28
Us that the judge was a private individual and not always a lawyer. (P van Wermelo, An Introduction to the Principles of Roman Civil law, 1976 (Juta) at para 734) [56] Peter Spiller, A Manual of Roman law, 1985, (Butterworth Publishers (Pty. Ltd), at 8[57] J.A.C Thomas, supra, at 84[58] This was in terms of the rule ne bis in idem (no one can try the same case twice or no legal action can be instituted twice for the same cause of action), See: P Van Wermelo, (supra) at para 733[59] J. A. C. Thomas (supra) at 104, see the authorities cited therein.[60] Government of the Republic of South Africa v Ngubane 1972 (2) SA 601 (A) at 608A-B[61] Litis contestatio was then, and still is now, dealt with in the literature and case-law as “a legal concept” as well as “a stage in the legal process”[62] J. A. C. Thomas (supra) at 92.[63] The Actio iniuriarum is basically a claim in delict aimed at protecting the dignity, reputation or personal integrity of an individual[65] Id.at 15 - 16[67] Id. at 656[68] Jankowiak and Ano v Parity Insurance Co. (Pty) Ltd 1963 (2) SA 286 (W); Government of the RSA v Ngubane 1972 (2) SA 601 (A) [69] The lex aquilia was developed around 286 BC by the Romans. It was an action that was penal in nature and was designed to compensate a personfor the damage done to his property. It is not uncommon to refer to it as
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