The Origins of South African law HFL1501 OCTOBER 2022 PORTFOLIO P QUESTIONS & ANSWERS

2022




The Origins of South African law
HFL1501

OCTOBER 2022

PORTFOLIO
QUESTIONS & ANSWERS
Duration from 10h00AM on 4 October 2022 to 10h00AM on
10 October 2022




CHRISTINA SHAAKUMENI

, PART 1 (25 marks)

The origins of South African law
Answer the following questions by making use only of the study material in Part 1 of
the Study Guide and on the module site:

Question 1

1.1 South Africa does not have a codified legal system, in other words, there is
no comprehensive, written version of our law that has the force of
legislation. Instead, to find the legal position appropriate to any situation or
set of facts, a South African lawyer must consult the various sources of
law. Name any three sources of South African law that a law student or
practising jurist must be able to find and consult. (3)


Sources of Law1
a) Legislation,
b) Case law,
c) Common law and
d) Indigenous African law


1.2 Name any country of which you have learned in this module that has a
codified legal system.


Countries with a codified legal system2
1) Germany,
2) France,
3) The Netherlands,
4) Italy and
5) Spain
[4 marks]
Question 2

1
Only Study Guide for HFL1501, The Origins of South African Law (University of South Africa Pretoria
2018) (v).
2
Only Study Guide for HFL1501, 21.