,PAR1501 Assignment 1 (COMPLETE ANSWERS)
Semester 1 2025 (602324) - DUE March 2025; 100% correct
solutions and explanations.
1 Illustrate the importance of paralegals in South Africa with
reference to the Constitution.
The Importance of Paralegals in South Africa with
Reference to the Constitution
Introduction
Paralegals play a crucial role in ensuring access to justice in
South Africa, particularly for marginalized and disadvantaged
communities. Their functions align with the Constitution, which
emphasizes equality, human dignity, and access to justice. This
discussion explores the importance of paralegals with reference
to key constitutional provisions.
1. Enhancing Access to Justice (Section 34 of the
Constitution)
The Bill of Rights in the Constitution guarantees that
“everyone has the right to have any dispute resolved by a
court or, where appropriate, another independent and
impartial tribunal or forum.”
Paralegals bridge the gap between the formal legal system
and individuals who lack legal knowledge or financial
resources to access legal services.
, They provide legal education, assistance, and guidance to
ensure that people can exercise their constitutional right to
justice.
2. Promoting Equality and Human Rights (Section 9 and
Section 10 of the Constitution)
Section 9 of the Constitution guarantees equality before the
law and prohibits discrimination. Paralegals help
individuals navigate issues related to employment, housing,
and social grants, ensuring that their rights are protected.
Section 10 affirms the right to human dignity, which
paralegals uphold by empowering individuals to assert their
legal rights and challenge injustices.
3. Strengthening Legal Aid and Alternative Dispute
Resolution (Section 35(2)(c))
Section 35(2)(c) provides for the right to legal
representation for arrested and detained persons. While
state-provided legal aid is available, resources are often
stretched. Paralegals assist by offering preliminary legal
advice and directing individuals to appropriate legal
services.
They also facilitate alternative dispute resolution (ADR)
mechanisms, helping to resolve community disputes
without overburdening the court system.
4. Supporting Socio-Economic Rights (Sections 26, 27, and
29)
The Constitution guarantees socio-economic rights,
including:
Semester 1 2025 (602324) - DUE March 2025; 100% correct
solutions and explanations.
1 Illustrate the importance of paralegals in South Africa with
reference to the Constitution.
The Importance of Paralegals in South Africa with
Reference to the Constitution
Introduction
Paralegals play a crucial role in ensuring access to justice in
South Africa, particularly for marginalized and disadvantaged
communities. Their functions align with the Constitution, which
emphasizes equality, human dignity, and access to justice. This
discussion explores the importance of paralegals with reference
to key constitutional provisions.
1. Enhancing Access to Justice (Section 34 of the
Constitution)
The Bill of Rights in the Constitution guarantees that
“everyone has the right to have any dispute resolved by a
court or, where appropriate, another independent and
impartial tribunal or forum.”
Paralegals bridge the gap between the formal legal system
and individuals who lack legal knowledge or financial
resources to access legal services.
, They provide legal education, assistance, and guidance to
ensure that people can exercise their constitutional right to
justice.
2. Promoting Equality and Human Rights (Section 9 and
Section 10 of the Constitution)
Section 9 of the Constitution guarantees equality before the
law and prohibits discrimination. Paralegals help
individuals navigate issues related to employment, housing,
and social grants, ensuring that their rights are protected.
Section 10 affirms the right to human dignity, which
paralegals uphold by empowering individuals to assert their
legal rights and challenge injustices.
3. Strengthening Legal Aid and Alternative Dispute
Resolution (Section 35(2)(c))
Section 35(2)(c) provides for the right to legal
representation for arrested and detained persons. While
state-provided legal aid is available, resources are often
stretched. Paralegals assist by offering preliminary legal
advice and directing individuals to appropriate legal
services.
They also facilitate alternative dispute resolution (ADR)
mechanisms, helping to resolve community disputes
without overburdening the court system.
4. Supporting Socio-Economic Rights (Sections 26, 27, and
29)
The Constitution guarantees socio-economic rights,
including: