HFL1501 EXAMINATION : SEMESTER 2 - 2022

HFL1501 OCTOBER 2022 EXAMINATION


NAME:

STUDENT NUMBER:

MODULE CODE: HFL1501

SUBJECT: HISTORICAL FOUNDATIONS OF SOUTH AFRICAN LAW

ASSESSMENT TYPE: PORTFOLIO/ TAKE HOME EXAMINATION

DUE DATE: 10 OCTOBER 2022




CONTENT PAGE

PART 1


The origins of South African law……………………………………………………..…..2-6


PART 2


Historical foundations and development of the law of property and obligations……6-12


PART 3


The role of the Constitution in South African legal development…………………… 13-15


Honesty declaration………………………………………………………………………15

Bibliography ………………………………………………………………………………16

Marking rubric………………………………………………………………………….…16

, PART 1 : The origins of South African law



QUESTION 1

1.1

1. Legislation.
2. Common law.
3. Custom.1

1.2. Netherlands.



QUESTION 2


2.1 The Black Administration Act 38 of 1927.2


2.2 yes. repugnancy proviso had outlived its usefulness and courts now apply
customary law subject to the Constitution and any legislation that specifically deals with
customary law. It was taken up in its entirety in the Magistrates’ Courts Act 32 of 1944
and eventually in the Law of Evidence Amendment Act 45 of 1988.


QUESTION 3


3.1


Daniels v Campbell NO and others


1
Department of jurisprudence, Historical Foundations of South African Law: Only Study Guide for
HFL1501 (Unisa Pretoria, 2019) 5.
2
Historical Foundations of South African Law 14.