Authoritative Texts

Authoritative texts refer to writings by leading authorities in the field of law. As already noted, treatises written by Roman Dutch jurists are authoritative sources of Roman Dutch law and are treated as such in the courts. They are regarded as sources under the heading of Common Law in Zimbabwe because of their special nature.

Reference must also be made to modern textbooks and scholarly articles or publications. Though these have no inherent authority of their own, they may be regarded as very persuasive sources of law where neither legislation nor case law is in point, or where they are explaining a legal point which is not clearly covered in legislation or case law.

The persuasive nature of an opinion of an author depends, inter alia, on the standing of the author in the field of law in question, the reputation of the author among judges, the scholarly level of the piece of work involved and the degree to which the nature of the presentation is convincing.^[1]