HFL1501 EXAMINATION PORTFOLIO

PART 1 (20 marks) The origins of South African law Answer the following questions by making use only of the study material in Part 1 of the study guide: QUESTION 1 Answer the following questions regarding the South African Law Reform Commission that was established in 1973. 1.1 What is the task of the Law Reform Commission? (1) It is an independent advisory statutory body established by the South African Law Reform Commission Act of 1973. It investigates matters appearing on a programme approved by the Minister of Justice and Constitutional Development, in order to make recommendations to Government for the development, improvement, modernisation or reform of the law. 1.2 Name three pieces of legislation or Bills, mentioned in Part 1 of this module, that were drafted as a result of the work of the Law Reform Commission on the harmonisation of laws in South Africa. (3) Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009. Traditional Courts Bill. Recognition of Islamic Marriages. [4] QUESTION 2 Read the following multiple-choice question. Choose one statement and write only the number as your answer: Which one of the following statements is correct with regards to the recognition and application of indigenous African law during the twentieth century? (1) (1) The 1996 Constitution abolished the Black Administration Act 38 of 1927. (2) The Black Administration Act 38 of 1927 determined that indigenous law would be applicable only in as far as it was not against public policy or the principles of natural justice. (3) Following the findings of the 1983 Hoexter Commission, the Special Courts for Blacks Abolition Act 34 of 1986 abolished all special courts for black people. (4) The 1996 Constitution abolished the repugnancy clause that was still applicable in terms of the Law of Evidence Amendment Act 45 of 1988 QUESTION 3 Indicate whether the following statements are true or false. Write only the correct option as your answer (eg, “3.4 True”): 3.1 Justinian’s Institutes was based on a law textbook that Gaius (one of the Five Great Roman jurists) wrote for students. True (1) 3.2 Justinian’s Corpus Iuris Civilis was written during the period of classical Roman law. The work of the Five Great classical jurists of Roman law comprised about two-thirds of the Cor0pus Iuris. True (1) 3.3 Canonists at the Medieval Law Schools studied the Corpus Iuris Canonici in the same way the Corpus Iuris Civilis was studied. (1) True [3] QUESTION 4 Briefly discuss the Supreme Court of Appeal’s view regarding the adaptation of the common law to bring it in line with the needs of society in the decision of Linvestment CC v Hammersley (2008 JDR 190 (SCA)). which this Court reached in Gardens Estate Ltd v Lewis would appear to be unassailable. But the judgment is founded on the unstated premise that the law expounded by Voet correctly reflected the common law of South Africa. This court has always possessed an inherent power to develop the common law. (3) [3] QUESTION 5 5.1 Read the following multiple-choice question. Write only the correct option as your answer (eg, “5.2 (1)”): Which one of the following groups of jurists played the most important role in the creation of a European ius commune? (1) (1) glossators (2) ultramontani (3) commentators (4) humanists 5.2 What is meant by the European ius commune? The European Common Law (1) [2] 14 QUESTION 6 (search in page 38 of the study guide) Answer the following questions regarding the Dutch jurists by writing only the name of the author as your answer: 6.1 He was recently acknowledged by the Supreme Court of Appeal and one of his works formed the basis of the law of one of the independent 19th century Boer republics. Joseph Van der Linden (1) 6.2 He develo