Kayleigh May
Student no 68021321
HFL1501 – September Examination
21 September 2021
, Question 1
1.1 The codification of a legal system is when all the legal and applicable rules have been
recorded into one single source of law that serves as the primary source of law.
1.2 Yes.
1.3 (a) Lex Romana Visigothorum, otherwise known as the Breviarum Alarici.1
(b) The Corpus Iuris Canonici.2
(c) The Code Civil.3
Question 2
2.1 During the colonial period, the repugnancy clause determined that indigenous law
would only be applicable subject to it not contradicting the Western notion of public policy
and natural justice.4
2.2 The Black Administration Act 38 of 1927 5
2.3 Yes, because indigenous law is subject to other legislation that also deals with
indigenous law. The repugnancy clause is contained in the Law of Evidence Amendment
Act, which means the clause is still applicable.6
2.4 The Constitution of South Africa acknowledges indigenous law as one of South
Africa’s sources of law. Section 211(3) of the Constitution7 states the following: “The
courts must apply customary law when that law is applicable, subject to the Constitution
and any legislation in that specifically deals with customary law.” In theoretical terms, this
classifies indigenous law in the same position as Roman-Dutch common law.8
1
A Bauling, Historical Foundations of South African Law 26
2
A Bauling, Historical Foundations of South African Law 33
3
A Bauling, Historical Foundations of South African Law 36
4
A Bauling, Historical Foundations of South African Law 13
5
A Bauling, Historical Foundations of South Africa Law 14
6
A Bauling, Historical Foundations of South African Law 16
7
Constitution of the Republic of South Africa 1996
8
A Bauling, Historical Foundations of South African Law 15
Student no 68021321
HFL1501 – September Examination
21 September 2021
, Question 1
1.1 The codification of a legal system is when all the legal and applicable rules have been
recorded into one single source of law that serves as the primary source of law.
1.2 Yes.
1.3 (a) Lex Romana Visigothorum, otherwise known as the Breviarum Alarici.1
(b) The Corpus Iuris Canonici.2
(c) The Code Civil.3
Question 2
2.1 During the colonial period, the repugnancy clause determined that indigenous law
would only be applicable subject to it not contradicting the Western notion of public policy
and natural justice.4
2.2 The Black Administration Act 38 of 1927 5
2.3 Yes, because indigenous law is subject to other legislation that also deals with
indigenous law. The repugnancy clause is contained in the Law of Evidence Amendment
Act, which means the clause is still applicable.6
2.4 The Constitution of South Africa acknowledges indigenous law as one of South
Africa’s sources of law. Section 211(3) of the Constitution7 states the following: “The
courts must apply customary law when that law is applicable, subject to the Constitution
and any legislation in that specifically deals with customary law.” In theoretical terms, this
classifies indigenous law in the same position as Roman-Dutch common law.8
1
A Bauling, Historical Foundations of South African Law 26
2
A Bauling, Historical Foundations of South African Law 33
3
A Bauling, Historical Foundations of South African Law 36
4
A Bauling, Historical Foundations of South African Law 13
5
A Bauling, Historical Foundations of South Africa Law 14
6
A Bauling, Historical Foundations of South African Law 16
7
Constitution of the Republic of South Africa 1996
8
A Bauling, Historical Foundations of South African Law 15
