, HFL1501
First semester of 2024
Assessment 6: QUESTIONS
QUESTION 1
1.1 Read the following statement and answer the question that follows:
“South Africa has an uncodified legal system.”
In your own words, discuss how this fact impacts on a lawyer who is searching
for a remedy with regard to a legal question. (4)
An uncodified legal system in South Africa means that the country does not
have a single, comprehensive written law that encompasses all legal rules and
principles. Instead, the legal system is made up of a combination of statutes,
case laws, and customary laws.
For a lawyer searching for a remedy with regard to a legal question, the lack of a
comprehensive written law may make it more challenging to find a clear and
definitive answer. The lawyer would need to navigate through various sources
of law, such as statutes and case laws, to piece together the relevant legal
principles and precedents that apply to the specific legal question. This process
may be time-consuming and require a deep understanding of the legal
landscape in South Africa.
Additionally, the flexibility and adaptability of an uncodified legal system may
require the lawyer to be more creative and strategic in their approach to finding
a remedy for their client. They may need to draw on a wider range of legal
sources and argue their case based on the interpretation and application of
various legal principles.
Overall, the impact of South Africa's uncodified legal system on a lawyer is that
it requires a more nuanced and comprehensive understanding of the legal
framework in order to effectively advocate for a remedy for their clients.
First semester of 2024
Assessment 6: QUESTIONS
QUESTION 1
1.1 Read the following statement and answer the question that follows:
“South Africa has an uncodified legal system.”
In your own words, discuss how this fact impacts on a lawyer who is searching
for a remedy with regard to a legal question. (4)
An uncodified legal system in South Africa means that the country does not
have a single, comprehensive written law that encompasses all legal rules and
principles. Instead, the legal system is made up of a combination of statutes,
case laws, and customary laws.
For a lawyer searching for a remedy with regard to a legal question, the lack of a
comprehensive written law may make it more challenging to find a clear and
definitive answer. The lawyer would need to navigate through various sources
of law, such as statutes and case laws, to piece together the relevant legal
principles and precedents that apply to the specific legal question. This process
may be time-consuming and require a deep understanding of the legal
landscape in South Africa.
Additionally, the flexibility and adaptability of an uncodified legal system may
require the lawyer to be more creative and strategic in their approach to finding
a remedy for their client. They may need to draw on a wider range of legal
sources and argue their case based on the interpretation and application of
various legal principles.
Overall, the impact of South Africa's uncodified legal system on a lawyer is that
it requires a more nuanced and comprehensive understanding of the legal
framework in order to effectively advocate for a remedy for their clients.
