一、前言南非法是普通法系、大陆法系与南非习惯法冲突与融合的产物。南非新《宪法》(1996年《宪法》)第39条第3项规定:“权利法案不否认由普通法、习惯法或法律所承认或授予的任何其他权利与自由的存在,只要它们与权利法案相一致。”①这是对南非数百年来形成的混合法格局的高度肯定。②南非宪法有着悠久的历史,早在殖民地时期,四个殖民地德兰士瓦、奥兰治自由邦、开普和纳塔尔就有了各自的宪法。从 I. Foreword South African law is a product of common law and civil law conflicts and integration with South African customary law. Article 39, paragraph 3, of the new Constitution of South Africa (1996 Constitution) states: “The Bill of Rights does not deny the existence of any other rights and freedoms recognized or granted by common law, customary law or law as long as they The Bill of Rights is consistent. ”" This is a highly affirmation of the mixed law pattern that has emerged in South Africa for centuries. ② The South African Constitution has a long history. As early as the colonial period, the four colonies of Transvaal, the Free State of Orange, Cape Town and Natal had their own constitutions. From