NAME:
STUDENT NUMBER:
MODULE CODE: PEN2607
UNIQUE NUMBER: 788003
ASSIGNMENT NUMBER: 03 (PORTFOLIO)
DUE DATE: 14 NOVEMBER 2022
DECLARATION OF GOOD ACADEMIC PRACTICE
Name & Surname:
Student number:
Module code: PEN 2607
YES NO
I certify that this portfolio is my own original work
I declare that all sources used, in both the text and the bibliography or
references, were properly acknowledged and referenced.
I am aware of and understand the University’s Policy on Copyrights
Infringements and Plagiarism.
I confirm that I understand that my work may be electronically checked for
plagiarism of academic fraud by the use of Turn-It-In software
programme.
1
,SECTION 1: ACKNOWLEDMENT OF SOURCES AND PLAGIARISM
QUESTION 1
Case study/ statement 1.
You have read in multiple social media sources how fellow students argued on the topic
of plagiarism committed by students.
One group of students made the following statement:
“Students only commit plagiarism when they copy their answers in assignments,
portfolios or portfolio examinations directly from other students.”
Another group of students argued as follows:
“Students also commit plagiarism when they copy and paste from books, internet
websites, or study guides and when they quote extensively without
acknowledging the source(s) they quote from.”
1.1. Respond to both of the above statements. Explain whether you agree or
disagree with each of the statements and explain why, by highlighting what
you understand by plagiarism.
I disagree with the first statement and totally agree with second statement. Plagiarism is
defined as using someone else's work without properly crediting them. Plagiarism in
academic writing is defined as using words, ideas, or information from a source without
properly citing it. Plagiarism can be classified as verbatim, paraphrasing, patchwork, or
global. The majority of these are caused by a lack of understanding of how to properly
incorporate and cite sources. Plagiarism has many consequences, all of which are
severe and have the potential to have a long-term negative impact on the academic and
career future of the student who is found guilty of committing it. What is frequently
overlooked is that the ramifications of plagiarism extend far beyond the individual
student who has been caught cheating on an essay or report submission. Plagiarism
can have a significant negative impact on the school, college, or university itself.
Plagiarism has a negative impact on the value of a student's degree. As a result, the
academic reputation of the college or university is jeopardized. This has the additional
effect of harming the university's brand on the global market, which may deter
international students from enrolling. Plagiarism is not only ethical but also immoral and
undermined ones work and the integrity of the university. Plagiarism disables one to use
their creativity and professional ethics. This act promotes dishonesty, immoral behavior
and is also illegal.
1.2. Should students acknowledge a source even when they quote only a few
paragraphs from a source? Provide reasons for your answer. (2)
2
,To avoid plagiarism, one should use work of another individual ethically, by
"acknowledging the source", respecting the copyrights and “economic rights" of the
author, and using citations (Unisa, 2005, number 6), to ensure that ones’ work passes
the test of academic integrity is to indicate where one found the information by properly
acknowledging the sources using the prescribed referencing techniques.
1.3. Why must students include a “List of References” at the end of an
assignment or portfolio?
Reference list/list of reference is used to enable the reader to follow up and read more
fully the cited author's arguments. To give the source of information credibility. To avoid
plagiarism, it helps you to avoid plagiarism by making it clear which ideas are your own
and which are someone else's. It is used to shows one’s understanding of the topic. It
gives supporting evidence for your ideas, arguments and opinions and it also allows
others to identify the sources you have used.
SECTION 2: LEGISLATIVE PROVISIONS
Case study/ statement 2.
“The provisions of legislation may be divided into three categories, depending on
what they determine. Some provisions in the Act (legislation), which determine
the powers and duties of correctional officials, determine what correctional
officials are either compelled or allowed to do, and some provisions determine
what they are prohibited from doing.”
2.1. Discuss the above statement by distinguishing between the three main types of
provisions identified from the Correctional Services Act 111 of 1998 (legislation).
2.1.1 Describe the three different types of provisions identified and explain the
main differences between them. (5)
The three main types of provisions are: the peremptory provisions, directory provisions
and prohibitive provisions. The difference between the three provisions is as follows:
The Peremptory provisions require exact compliance and failure to comply will leave the
ensuing act null and void. This means you must do what the Act command.
Prohibitive provisions forbid certain actions. It states that certain actions are not
permissible
The Directory provisions states how one may act. It states what is allowed and grants
authorisation for a particular action.
2.1.2 Emphasize the purpose and effect of each. (6)
The Peremptory provisions require exact compliance and failure to comply will leave the
ensuing act null and void. This means you must do what the Act command. Peremptory
provision states an obligation and therefore orders an action to be followed. Usually a
3
, consequence is defined (for example, a penalty) that may come into effect when the
peremptory provision or obligation is not complied with.
The Directory provisions creates a power that normally leaves some discretion to the
organ of government regarding the exercise of that power. The Act gives permission to
perform certain actions and to do so in a certain way. The fact that someone has the
power or is allowed to do something does not mean they are obliged to do it. The only
obligation created by a directory provision, is to consider the case in respect of which
you have discretion.
Prohibitive provisions states that certain actions are not permissible. It is coupled with a
sanction or punitive measures that take effect if the prohibition is transgressed. It may
identify certain actions as being offences and prohibit them. The absence of such a
sanction or punitive measure does not alter the prohibitive nature of provision. This
action concerned remains impermissible
2.1.3 Describe the type of wording you expect to find in each. (3)
Peremptory provisions contain the word such as ‘’must’’, ‘’shall’’, and ‘’is
obliged’’
Directory provisions contain the word such as ‘’may’’, ‘’can’’, is authorised to’’,
‘’is permitted’’ or ‘’has power to’’.
Prohibitive provisions contain the words such as ‘’nobody may’’, ‘’no person
shall’’, ‘’may not’’, ‘’ it is impermissible that’’ and ‘’shall not’’.
2.1.4 Provide examples of each type of provision from the primary source that
you have consulted. (3)
The examples of peremptory provisions are: ‘’every inmate must be allowed to access
available reading material of his or her choice and ‘’ The Department shall make an
easy way for the inmates to have access in the library.
The examples of directory provision are: The head of correctional centre may permit an
inmate to attend religious services and meetings held in a correctional centre freely and
voluntarily and the correctional officials have the power to control an inmate’s normal
day-to-day activities.
The examples of prohibitive provisions are: No person shall supply, give or facilitate that
inmate in a correctional centre or any other place where inmates are, receive any
document, intoxicating liquor, drug, money or any other articles that may be sold or
used in a correctional centre and nobody may assist an inmate to escape in any way.
2.1.5 Provide examples of your own of each type of provision. (3)
The examples of peremptory provisions are: inmates shall be provided development
and recreational programmes.
4
STUDENT NUMBER:
MODULE CODE: PEN2607
UNIQUE NUMBER: 788003
ASSIGNMENT NUMBER: 03 (PORTFOLIO)
DUE DATE: 14 NOVEMBER 2022
DECLARATION OF GOOD ACADEMIC PRACTICE
Name & Surname:
Student number:
Module code: PEN 2607
YES NO
I certify that this portfolio is my own original work
I declare that all sources used, in both the text and the bibliography or
references, were properly acknowledged and referenced.
I am aware of and understand the University’s Policy on Copyrights
Infringements and Plagiarism.
I confirm that I understand that my work may be electronically checked for
plagiarism of academic fraud by the use of Turn-It-In software
programme.
1
,SECTION 1: ACKNOWLEDMENT OF SOURCES AND PLAGIARISM
QUESTION 1
Case study/ statement 1.
You have read in multiple social media sources how fellow students argued on the topic
of plagiarism committed by students.
One group of students made the following statement:
“Students only commit plagiarism when they copy their answers in assignments,
portfolios or portfolio examinations directly from other students.”
Another group of students argued as follows:
“Students also commit plagiarism when they copy and paste from books, internet
websites, or study guides and when they quote extensively without
acknowledging the source(s) they quote from.”
1.1. Respond to both of the above statements. Explain whether you agree or
disagree with each of the statements and explain why, by highlighting what
you understand by plagiarism.
I disagree with the first statement and totally agree with second statement. Plagiarism is
defined as using someone else's work without properly crediting them. Plagiarism in
academic writing is defined as using words, ideas, or information from a source without
properly citing it. Plagiarism can be classified as verbatim, paraphrasing, patchwork, or
global. The majority of these are caused by a lack of understanding of how to properly
incorporate and cite sources. Plagiarism has many consequences, all of which are
severe and have the potential to have a long-term negative impact on the academic and
career future of the student who is found guilty of committing it. What is frequently
overlooked is that the ramifications of plagiarism extend far beyond the individual
student who has been caught cheating on an essay or report submission. Plagiarism
can have a significant negative impact on the school, college, or university itself.
Plagiarism has a negative impact on the value of a student's degree. As a result, the
academic reputation of the college or university is jeopardized. This has the additional
effect of harming the university's brand on the global market, which may deter
international students from enrolling. Plagiarism is not only ethical but also immoral and
undermined ones work and the integrity of the university. Plagiarism disables one to use
their creativity and professional ethics. This act promotes dishonesty, immoral behavior
and is also illegal.
1.2. Should students acknowledge a source even when they quote only a few
paragraphs from a source? Provide reasons for your answer. (2)
2
,To avoid plagiarism, one should use work of another individual ethically, by
"acknowledging the source", respecting the copyrights and “economic rights" of the
author, and using citations (Unisa, 2005, number 6), to ensure that ones’ work passes
the test of academic integrity is to indicate where one found the information by properly
acknowledging the sources using the prescribed referencing techniques.
1.3. Why must students include a “List of References” at the end of an
assignment or portfolio?
Reference list/list of reference is used to enable the reader to follow up and read more
fully the cited author's arguments. To give the source of information credibility. To avoid
plagiarism, it helps you to avoid plagiarism by making it clear which ideas are your own
and which are someone else's. It is used to shows one’s understanding of the topic. It
gives supporting evidence for your ideas, arguments and opinions and it also allows
others to identify the sources you have used.
SECTION 2: LEGISLATIVE PROVISIONS
Case study/ statement 2.
“The provisions of legislation may be divided into three categories, depending on
what they determine. Some provisions in the Act (legislation), which determine
the powers and duties of correctional officials, determine what correctional
officials are either compelled or allowed to do, and some provisions determine
what they are prohibited from doing.”
2.1. Discuss the above statement by distinguishing between the three main types of
provisions identified from the Correctional Services Act 111 of 1998 (legislation).
2.1.1 Describe the three different types of provisions identified and explain the
main differences between them. (5)
The three main types of provisions are: the peremptory provisions, directory provisions
and prohibitive provisions. The difference between the three provisions is as follows:
The Peremptory provisions require exact compliance and failure to comply will leave the
ensuing act null and void. This means you must do what the Act command.
Prohibitive provisions forbid certain actions. It states that certain actions are not
permissible
The Directory provisions states how one may act. It states what is allowed and grants
authorisation for a particular action.
2.1.2 Emphasize the purpose and effect of each. (6)
The Peremptory provisions require exact compliance and failure to comply will leave the
ensuing act null and void. This means you must do what the Act command. Peremptory
provision states an obligation and therefore orders an action to be followed. Usually a
3
, consequence is defined (for example, a penalty) that may come into effect when the
peremptory provision or obligation is not complied with.
The Directory provisions creates a power that normally leaves some discretion to the
organ of government regarding the exercise of that power. The Act gives permission to
perform certain actions and to do so in a certain way. The fact that someone has the
power or is allowed to do something does not mean they are obliged to do it. The only
obligation created by a directory provision, is to consider the case in respect of which
you have discretion.
Prohibitive provisions states that certain actions are not permissible. It is coupled with a
sanction or punitive measures that take effect if the prohibition is transgressed. It may
identify certain actions as being offences and prohibit them. The absence of such a
sanction or punitive measure does not alter the prohibitive nature of provision. This
action concerned remains impermissible
2.1.3 Describe the type of wording you expect to find in each. (3)
Peremptory provisions contain the word such as ‘’must’’, ‘’shall’’, and ‘’is
obliged’’
Directory provisions contain the word such as ‘’may’’, ‘’can’’, is authorised to’’,
‘’is permitted’’ or ‘’has power to’’.
Prohibitive provisions contain the words such as ‘’nobody may’’, ‘’no person
shall’’, ‘’may not’’, ‘’ it is impermissible that’’ and ‘’shall not’’.
2.1.4 Provide examples of each type of provision from the primary source that
you have consulted. (3)
The examples of peremptory provisions are: ‘’every inmate must be allowed to access
available reading material of his or her choice and ‘’ The Department shall make an
easy way for the inmates to have access in the library.
The examples of directory provision are: The head of correctional centre may permit an
inmate to attend religious services and meetings held in a correctional centre freely and
voluntarily and the correctional officials have the power to control an inmate’s normal
day-to-day activities.
The examples of prohibitive provisions are: No person shall supply, give or facilitate that
inmate in a correctional centre or any other place where inmates are, receive any
document, intoxicating liquor, drug, money or any other articles that may be sold or
used in a correctional centre and nobody may assist an inmate to escape in any way.
2.1.5 Provide examples of your own of each type of provision. (3)
The examples of peremptory provisions are: inmates shall be provided development
and recreational programmes.
4
