,UNIVERSITY EXAMINATIONS
May/June 2025
LJU4801
LEGAL PHILOSOPHY
First examiner: Adv RB Mokomane
Second examiner: Ms PAN Nyawo
This paper consists of 4 pages.
The paper counts 100 marks.
The portfolio runs from 17 – 22 May 2025.
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY
BEFORE ANSWERING THE EXAMINATION QUESTIONS.
,1. This portfolio must be submitted before 20:00 on 22 May 2025. Students
have to submit this portfolio via myUnisa, therefore no e-mailed or faxed
portfolios may be accepted. No extensions will be granted. It is the
responsibility of the student to ensure that the file submitted is not
corrupted and can be opened for marking.
2. You must submit this portfolio as Assessment 3 via myUnisa. When
you receive the portfolio, check whether your submission is open /
available and let your lecturers know immediately if your submission
portal is not open.
3. The Declaration of Academic Honesty must be signed and included in
the submission of the portfolio examination.
4. 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.
5. Long quotes from sources are not allowed. Students must summarise or
paraphrase arguments and ideas from sources in their own words. Short
quotes must be provided with quotation marks and with a corresponding
footnote.
6. When answering questions, students are expected to make use of the
study guide as well as any other relevant source to answer the question.
The study guide must be referenced like any other source. These
footnotes must adhere to the prescribed
referencing style of the School of Law. In this regard, please read
Tutorial Letter 301, which is available under Official Study Material
on myModules (myUnisa). Remember that a Unisa study guide is
referenced in the same way as a book. Please include references in
your portfolio, even when you are only referring to the study material
and the Constitution.
, 7. Use proper language and grammar and make use of full sentences. You
must not write using bullets and numbering. Rather provide a narrative
consisting of a coherent, logical, and consistent argument.
Question 1
Read the following article and then answer the questions below:
In the newspaper article written by Nico De Jager titled “Pride is a Heavy Price
to Pay”,1 the author talks about discrimination on the basis of sexual orientation.
According to this article:
“At least 20 LGBTQIA+ [lesbian, gay, bisexual, transgender, queer, intersex,
asexual plus] individuals were brutally killed across South Africa between
February and October [2021] when the country witnessed an increase in the
number of attacks against lesbians, gays and transgender people. Many of the
victims were beaten or stabbed to death. Evidently, these victims were targeted
because of their sexual orientation and gender identity.”
The article further indicates that:
“As a society firmly entrenched in patriarchy and misogyny, many South
Africans still perceive LGBTQIA+ individuals as inherently immoral and/or
“un-African” and therefore pay little attention to the violence that they endure
daily. This is indicative of the work that needs to be done in changing societal
attitudes in our communities.”
1.1 Despite the rights of LGBTQIA+ having constitutional and legislative
protection, members of this community are still victimised in South Africa,
with some critics (as noted above) viewing homosexuality as immoral. One
of the consistent debates in legal philosophy has been the relationship
May/June 2025
LJU4801
LEGAL PHILOSOPHY
First examiner: Adv RB Mokomane
Second examiner: Ms PAN Nyawo
This paper consists of 4 pages.
The paper counts 100 marks.
The portfolio runs from 17 – 22 May 2025.
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY
BEFORE ANSWERING THE EXAMINATION QUESTIONS.
,1. This portfolio must be submitted before 20:00 on 22 May 2025. Students
have to submit this portfolio via myUnisa, therefore no e-mailed or faxed
portfolios may be accepted. No extensions will be granted. It is the
responsibility of the student to ensure that the file submitted is not
corrupted and can be opened for marking.
2. You must submit this portfolio as Assessment 3 via myUnisa. When
you receive the portfolio, check whether your submission is open /
available and let your lecturers know immediately if your submission
portal is not open.
3. The Declaration of Academic Honesty must be signed and included in
the submission of the portfolio examination.
4. 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.
5. Long quotes from sources are not allowed. Students must summarise or
paraphrase arguments and ideas from sources in their own words. Short
quotes must be provided with quotation marks and with a corresponding
footnote.
6. When answering questions, students are expected to make use of the
study guide as well as any other relevant source to answer the question.
The study guide must be referenced like any other source. These
footnotes must adhere to the prescribed
referencing style of the School of Law. In this regard, please read
Tutorial Letter 301, which is available under Official Study Material
on myModules (myUnisa). Remember that a Unisa study guide is
referenced in the same way as a book. Please include references in
your portfolio, even when you are only referring to the study material
and the Constitution.
, 7. Use proper language and grammar and make use of full sentences. You
must not write using bullets and numbering. Rather provide a narrative
consisting of a coherent, logical, and consistent argument.
Question 1
Read the following article and then answer the questions below:
In the newspaper article written by Nico De Jager titled “Pride is a Heavy Price
to Pay”,1 the author talks about discrimination on the basis of sexual orientation.
According to this article:
“At least 20 LGBTQIA+ [lesbian, gay, bisexual, transgender, queer, intersex,
asexual plus] individuals were brutally killed across South Africa between
February and October [2021] when the country witnessed an increase in the
number of attacks against lesbians, gays and transgender people. Many of the
victims were beaten or stabbed to death. Evidently, these victims were targeted
because of their sexual orientation and gender identity.”
The article further indicates that:
“As a society firmly entrenched in patriarchy and misogyny, many South
Africans still perceive LGBTQIA+ individuals as inherently immoral and/or
“un-African” and therefore pay little attention to the violence that they endure
daily. This is indicative of the work that needs to be done in changing societal
attitudes in our communities.”
1.1 Despite the rights of LGBTQIA+ having constitutional and legislative
protection, members of this community are still victimised in South Africa,
with some critics (as noted above) viewing homosexuality as immoral. One
of the consistent debates in legal philosophy has been the relationship
