HFL1501
SECOND SEMESTER OF 2023
ASSESSMENT 1: QUESTIONS
This assessment is an elective assessment.
Due date: 12:00 (noon/midday) on Wednesday, 16 August 2023
QUESTION 1
Explain why a lawyer has to consult various sources of law when trying to
establish what the existing South African law says about a legal question. Base
your answer on your understanding of the nature of the South African legal
system
In the South African legal system, a lawyer must consult various sources of law to
establish what the existing law says about a legal question. This is because the South
African legal system is based on a combination of different sources of law, each with its
own authority and relevance.
QUESTION 2
2.1 Which section of the Constitution of the Republic of South Africa, 1996
officially recognises indigenous African law as a source of South African law?
Your answer must be specific and complete.
The South African Constitution recognizes traditional authority and customary law under
Section 211. A ruling under Bhe v
2.2 Explain how the application of indigenous law is limited in terms of the
Constitution of the Republic of South Africa, 1996.
One limitation is that indigenous law cannot be applied if it is inconsistent with the Bill of
Rights or any other provision of the Constitution. This means that if a particular aspect
of indigenous law violates the rights guaranteed in the Constitution, it cannot be
enforced
, 2.3 Name one case mentioned in Part 1 of the Study Guide in which the
Constitutional Court found a rule of indigenous African law to be
unconstitutional.
one case mentioned where the Constitutional Court found a rule of indigenous African
law to be unconstitutional is the case of Shilubana and Others v Nwamitwa
QUESTION 3
3.1 Which section of the Constitution of the Republic of South Africa, 1996
officially recognises the common law as a source of South African law? Your
answer must be specific and complete.
Section 39(1)(a) of the Constitution of the Republic of South Africa, 1996 officially
recognizes the common law as a source of South African law.
3.2 Briefly explain what the South African common law consists of and how it has
(been) developed over time
The common law consists of various sources, including judicial decisions, legal
treatises, and customs. It is not codified in a single statute but is derived from a
combination of these sources. Over time, the South African common law has evolved
and developed through the process of judicial precedent
3.3 Which well-known sixth century codification of Roman law is still referred to
by the South African courts as part of our legal heritage?
The well-known sixth century codification of Roman law that is still referred to by the
South African courts as part of their legal heritage is the Justinian Code, also known as
the Corpus Juris Civilis
QUESTION 4
4.1 Explain in your own words why canon law is still consulted as a source of
South African law.
SECOND SEMESTER OF 2023
ASSESSMENT 1: QUESTIONS
This assessment is an elective assessment.
Due date: 12:00 (noon/midday) on Wednesday, 16 August 2023
QUESTION 1
Explain why a lawyer has to consult various sources of law when trying to
establish what the existing South African law says about a legal question. Base
your answer on your understanding of the nature of the South African legal
system
In the South African legal system, a lawyer must consult various sources of law to
establish what the existing law says about a legal question. This is because the South
African legal system is based on a combination of different sources of law, each with its
own authority and relevance.
QUESTION 2
2.1 Which section of the Constitution of the Republic of South Africa, 1996
officially recognises indigenous African law as a source of South African law?
Your answer must be specific and complete.
The South African Constitution recognizes traditional authority and customary law under
Section 211. A ruling under Bhe v
2.2 Explain how the application of indigenous law is limited in terms of the
Constitution of the Republic of South Africa, 1996.
One limitation is that indigenous law cannot be applied if it is inconsistent with the Bill of
Rights or any other provision of the Constitution. This means that if a particular aspect
of indigenous law violates the rights guaranteed in the Constitution, it cannot be
enforced
, 2.3 Name one case mentioned in Part 1 of the Study Guide in which the
Constitutional Court found a rule of indigenous African law to be
unconstitutional.
one case mentioned where the Constitutional Court found a rule of indigenous African
law to be unconstitutional is the case of Shilubana and Others v Nwamitwa
QUESTION 3
3.1 Which section of the Constitution of the Republic of South Africa, 1996
officially recognises the common law as a source of South African law? Your
answer must be specific and complete.
Section 39(1)(a) of the Constitution of the Republic of South Africa, 1996 officially
recognizes the common law as a source of South African law.
3.2 Briefly explain what the South African common law consists of and how it has
(been) developed over time
The common law consists of various sources, including judicial decisions, legal
treatises, and customs. It is not codified in a single statute but is derived from a
combination of these sources. Over time, the South African common law has evolved
and developed through the process of judicial precedent
3.3 Which well-known sixth century codification of Roman law is still referred to
by the South African courts as part of our legal heritage?
The well-known sixth century codification of Roman law that is still referred to by the
South African courts as part of their legal heritage is the Justinian Code, also known as
the Corpus Juris Civilis
QUESTION 4
4.1 Explain in your own words why canon law is still consulted as a source of
South African law.
