The common law is the set of laws not made by parliament or any level of government. Crimes like murder, theft and treason are part of the common law. The common law has developed through the decisions of judges in the Courts. The Roman Dutch and English law brought by the Dutch and British settlers is also part of the common law. The common law can be changed by new decisions in the courts.

The common law applies to everyone equally in the whole country. But statutory law is stronger than common law. It is only when there is no statutory law about something that the common law will apply.