HFL1501
Assessment 1 Semester 2
Due: 16 August 2023
This assessment is an elective assessment.
Due date: 12:00 (noon/midday) on Wednesday, 16 August 2023
This is a written (file-upload) assessment and counts out of 25 marks.
Please note that NO LATE SUBMISSIONS WILL BE ACCEPTED.
For instructions on how to prepare the file with your answers for submission and submit your
Assessment 1, please read pages 4, 6–8 and 10–12 of the HFL1501 Assessment Pack.
Follow these instructions carefully and complete all the steps.
Please also remember to check, after you have uploaded your file, that the file is the one you
intended to upload, that it can open and that all the pages are visible and easy to read
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]
Answer:
A lawyer in South Africa needs to consult various sources of law to establish the existing
legal position because the South African legal system is a mixture of common law,
customary law, constitutional law, legislation, and precedent. These sources collectively
shape the legal framework, rights, and obligations, making it necessary for a lawyer to
consider them comprehensively in order to provide accurate legal advice.
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)
Answer:
Section 211(3) of the Constitution of the Republic of South Africa, 1996 officially recognizes
indigenous African law as a source of South African law.
Assessment 1 Semester 2
Due: 16 August 2023
This assessment is an elective assessment.
Due date: 12:00 (noon/midday) on Wednesday, 16 August 2023
This is a written (file-upload) assessment and counts out of 25 marks.
Please note that NO LATE SUBMISSIONS WILL BE ACCEPTED.
For instructions on how to prepare the file with your answers for submission and submit your
Assessment 1, please read pages 4, 6–8 and 10–12 of the HFL1501 Assessment Pack.
Follow these instructions carefully and complete all the steps.
Please also remember to check, after you have uploaded your file, that the file is the one you
intended to upload, that it can open and that all the pages are visible and easy to read
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]
Answer:
A lawyer in South Africa needs to consult various sources of law to establish the existing
legal position because the South African legal system is a mixture of common law,
customary law, constitutional law, legislation, and precedent. These sources collectively
shape the legal framework, rights, and obligations, making it necessary for a lawyer to
consider them comprehensively in order to provide accurate legal advice.
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)
Answer:
Section 211(3) of the Constitution of the Republic of South Africa, 1996 officially recognizes
indigenous African law as a source of South African law.
