HFL1501 Assignment 1 (ANSWERS) Semester 2 2023 - DISTINCTION GUARANTEED Answers, guidelines, workings and references......................................... QUESTION 1 Explain why a lawyer has to consult various sources of law when trying to establish what the existing South African law says about a legal question. Base your answer on your understanding of the nature of the South African legal system. [2] QUESTION 2 2.1. Which section of the Constitution of the Republic of South Africa, 1996 officially recognises indigenous African law as a source of South African law? Your answer must be specific and complete. (1) 2.2 Explain how the application of indigenous law is limited in terms of the Constitution of the Republic of South Africa, 1996. (2) 2.3 Name one case mentioned in Part 1 of the Study Guide in which the Constitutional Court found a rule of indigenous African law to be unconstitutional. (1) [4] QUESTION 3 3.1 Which section of the Constitution of the Republic of South Africa, 1996 officially recognises the common law as a source of South African law? Your answer must be specific and complete. (1) 3.2 Briefly explain what the South African common law consists of and how it has (been) developed over time. (4) 3.3 Which well-known sixth century codification of Roman law is still referred to by the South African courts as part of our legal heritage? (1) . [6] Page 3 of 4 QUESTION 4 4.1 Explain in your own words why canon law is still consulted as a source of South African law. (1) 4.2 In which circumstances will a South African jurist possibly consult canon law sources? (1) 4.3 Give one example mentioned in Part 1 of the Study Guide of a legal principle based on canon law that still forms part of South African law today. (1) [3] QUESTION 5 Is the Dutch civil code a source of law with regards to South African law? Motivate your answer. (2) [2] QUESTION 6 Although the Africans’ Claims document is not in itself a source of South African law, it did impact on the development of South African law. Describe in your own words the importance of the Africans’ Claims for South Africa in a legal historical context. (2) [2] QUESTION 7 Briefly discuss the origins of human rights in a South African context. In your answer, you must refer to both the traditional view in this regard and to the view held by the Constitutional Court in S v Makwanyane and another 1995 (6) BCLR 665 (CC). You do not need to read this case. Limit your answer to 200 words. (4) [4] Page 4 of 4 QUESTION 8 Your brother is a software engineer and passionate about technological advances and artificial intelligence. He never studied history and thinks it is boring and irrelevant. He teases you about the module HFL1501 and the fact that you have to learn about history and centuries-old documents and events. In your own words, explain to him why it is necessary for a South African lawyer to study legal history. (2) [2]
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