Answer the following questions based on your understanding of the HFL1501 study material:
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.
(M Slabbert 2011)
In South Africa, the legal system is uncodified, meaning that the laws are not systematically
organized into a comprehensive legal code like in some other countries. Instead, laws are
derived from various sources, including legislation, judicial precedents, customary law, and
constitutional principles.
For a lawyer searching for a remedy regarding a legal question in this context, the lack of a
single, centralized legal code can pose challenges. It means that they may need to consult
multiple sources of law to understand the applicable rules and principles relevant to their
case. This could involve examining statutes, reviewing past court decisions, considering
customary practices, and analyzing constitutional provisions.
The absence of a codified legal system also means that legal interpretations and principles
may be more fluid and subject to change over time, as they evolve through judicial decisions
and societal developments. As a result, lawyers may need to engage in more comprehensive
research and critical analysis to effectively advise their clients and advocate for their legal
rights within this complex legal landscape.
1.2 Name one country of which you have learned in this module that has a codified
legal system.
Germany
(Pg. 185)
QUESTION 2
Name two Constitutional Court cases discussed in the HFL1501 Study Guide that deal
with security of tenure.
Daniels v Scribante – Constitutional court directly equated human dignity to the right
tosecurity of tenure and the right to live in a habitable dwelling. Human dignity is one of the
fundamental principles of ubuntu
1
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.
(M Slabbert 2011)
In South Africa, the legal system is uncodified, meaning that the laws are not systematically
organized into a comprehensive legal code like in some other countries. Instead, laws are
derived from various sources, including legislation, judicial precedents, customary law, and
constitutional principles.
For a lawyer searching for a remedy regarding a legal question in this context, the lack of a
single, centralized legal code can pose challenges. It means that they may need to consult
multiple sources of law to understand the applicable rules and principles relevant to their
case. This could involve examining statutes, reviewing past court decisions, considering
customary practices, and analyzing constitutional provisions.
The absence of a codified legal system also means that legal interpretations and principles
may be more fluid and subject to change over time, as they evolve through judicial decisions
and societal developments. As a result, lawyers may need to engage in more comprehensive
research and critical analysis to effectively advise their clients and advocate for their legal
rights within this complex legal landscape.
1.2 Name one country of which you have learned in this module that has a codified
legal system.
Germany
(Pg. 185)
QUESTION 2
Name two Constitutional Court cases discussed in the HFL1501 Study Guide that deal
with security of tenure.
Daniels v Scribante – Constitutional court directly equated human dignity to the right
tosecurity of tenure and the right to live in a habitable dwelling. Human dignity is one of the
fundamental principles of ubuntu
1
