Instructions
1. Proper footnote referencing must be used. This entails that every argument or idea
taken from another source, or any piece of information utilised from another source,
needs to be provided with a separate footnote reference.
2. Long quotes from sources are not allowed. Students must summarise arguments
and ideas from sources in their own words. Short quotes must be provided with
quotation marks and with a corresponding footnote.
3. When answering questions, students are expected to make use of the study guide
as well as any other relevant source to the question. The study guide must be
referenced like any other source.
4. Use proper language and grammar and make use of full sentences. You must not
write using bullets and numbering. Rather you need to provide a narrative consisting
of a coherent, logical, and consistent argument.
NB!!!!!!!! No marks will be awarded for plagiarised work.
ASSESSMENT QUESTIONS
Read the article: Mnyongani FD “Duties of a lawyer in a multicultural society: A
customary law perspective” 2012 Stell LR 352-369.
Answer the following questions by referring to the article AND the study guide:
Learning Unit 4: AFRICAN LEGAL PHILOSOPHY
1. Mnyongani states that when the 1996 Constitution was enacted it was ‘hailed’ for
its transformative agenda. Discuss his motivation for this view as well as what
according to him is the ‘Achilles heel’ of this agenda. (12)
Mnyongani's view that the 1996 Constitution was 'hailed' for its transformative agenda likely
stems from its role in fundamentally reshaping South Africa's legal and political landscape.
The constitution marked a decisive break from the apartheid-era legal framework, which
institutionalized racial segregation and discrimination. Instead, the new constitution sought
to establish a democratic and inclusive society based on principles of equality, dignity, and
freedom for all citizens, regardless of race.