(HFL1501Historical Foundations of South African Law PORTFOLIO EXAMINATION

The practical reception: the reception of the actual rule (the content) of a legal system. E.g. English Companies Act, which was adopted in its entirely applied here in south Africa 2. Scientific reception: the reception of the scientific system of a legal system precisely, the reception of the concepts, categories, principles and divisions (the structure) of a legal system. E.g. the distinction between public and private law QUESTION 2 2.1 Indigenous law- It may be a system of law that was known to the community, practised and passed on from generation to era. It could be a system of law that has its own values and norms. Indigenous law is applied within the conventional courts. The Prove Revision Act, (Act 45 of 1988) stipulates that a court can take legal take note of inborn law, given that it isn't in struggle with the standards of open approach or lOMoAR cPSD| characteristic equity. The Bantu speakers have a preliterate convention, which could be a convention without composing. Appropriately, until around seven decades prior, there were no composed records of their history or their law. In any case, the nonattendance of composed records does not cruel that there was no history. It is conceivable to reproduce the unwritten legitimate history of Southern Africa by examining verbal conventions. Nowadays, inborn law must, a few degree, been recorded through enactment, codification and rehashing. 2.2 In terms of the constitution, indigenous law is officially recognised as a source of South African law. Islamic law is not yet recognised as a source of law in South Africa. However the constitution makes it possible for religious laws to be recognised and the Law Reform commission has proposed a bill on the Recognition of Islamic Marriages. QUESTION 3 3.1 Law of the Twelve Table 3.2 Lex Romana Visigothorum 3.3 The corpus iuris civilis1 3.4 The decision was to reunite the Roman Empire and to restore it to its former glory QUESTION 4 4.1 The Sharpeville impacted in the south African history, that is has done away with the apartheid government that the south Africans must carry pass laws all over they are going; • It influenced the South Africans to hold the true and reconciliation commission in 1995, because huge numbers of people were killed in that time to determine what happened in Sharpeville massacre. • The incident convinced anti-apartheid leader Nelson Mandela to abandon his non- violent stance and organize paramilitary groups to fight South Africa's system of institutionalized racial discrimination. 1 STUDY GUIDE: HISTORICAL FOUDATION OF SOUTH AFRICAN LAW: PAGE 21-27 lOMoAR cPSD| 4 Downloaded by ERICK MURIMI () 4.2 True, this was caused by the killing of people when they were fighting for their rights and they were killed. • Freedom charter People Shall Govern! All National Groups Shall Have Equal Rights! The People Shall Share in the Country's Wealth. • Freedom charter is the one that pushed this country to have the constitution where people must have rights E.g. right to life, people must have rights to protests • Freedom charter helped ANC and PAC to gather together to help people have their land back • Freedom charter helped political part abolishment of apartheid QUESTION 5 5.1 The constitution completely denied the principle of the constitutionalism. 5.2 The constitution completely denied the principle of the constitutionalism. 5.3 Partly recognized the principle of constitutionalism. 2 QUESTION 6 6.1 St Augustine a Normal law scholar who ordinarily claim that there's a better et of interminable and all inclusive standards that were not raised by human creatures, but which exist in nature. While Hugo de Groot he held that normal law did not determine from God, but from the rational nature of human creatures themselves. An individual could be a social animal who looks for to be a part of a community whose reason manages regrets that will make it conceivable for him or her to be a part of such community, and the medicines or rules are epitomized in a social contract which is concluded with other individuals of the community.