LCP4807
SEMESTER 1 2024
EXAM PACK
LCP4807
EXAM PACK
SEMESTER 1
2024
,UNIVERSITY EXAMINATIONS
October/November 2023
LCP4807
International Human Rights Law
100 Marks
24 Hours
First Examiner: Ms MS Mooki
Second Examiner: Adv SP Makama
External Examiner: Dr TW Maseko
THIS PAPER CONSISTS OF 4 (FOUR) PAGES – INCLUDING INSTRUCTIONS.
Honesty Declaration:
In writing and submitting this paper you affirm that:
1. You understand what academic dishonesty entails and are aware of UNISA’s policies
in this regard.
2. You have not allowed, and will not allow, anyone to copy your work with the intention
of passing it off as his or her own work.
3. You did not make use of another student’s work with or without permission and
submitted it as your own.
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
1. The examination question paper counts 100 marks.
2. It consists of questions 1 and 2. All questions are compulsory. Answer ALL of the
questions.
3. The duration of the examination is 24 hours starting on Wednesday, 1st
November 2023 at 10H00 ending on Thursday, 2nd November 2023 at 10H00.
4. This is an open-book examination. You may consult your prescribed study material
during the examination.
5. You will submit your examination portfolio under Assessment 03 the same
way you submitted your assignments.
, LCP4807
OCT/NOV 2023
6. The cover page to your take-home exam must include your name, student number
and the module code.
7. It is preferred that your take-home exam is typed, however, handwritten submissions
will also be accepted.
8. Whether your answers are typed or handwritten, your submission on the Moodle
platform must be made in the form of one PDF document.
9. When answering the take-home exam questions, remember that an open-book
exam is a test at a higher level than the usual type of exam, where memory is tested
as much as insight. In an open-book exam, you need not memorise any information.
You are expected to prove that you can use information, rather than merely repeat
it. In brief, what is being tested is factual knowledge, understanding and the correct
application thereof, not memory skills. For this reason, you do not earn marks by
merely detailing a list of all the information that you think might be relevant to a
particular question. This gives no indication that you know what statutory or other
provisions are applicable in a specific context. You are expected to identify precisely
what information applies, and then explain why you think so. Also, because you have
the guide available when answering questions, we do not give marks for direct
quotations from the guide. You are therefore assessed on your level of
understanding of the legal principles by looking at how well you applied the principles
to the questions. PLEASE DO NOT CUT AND PASTE ANSWERS FROM THE
STUDY GUIDE (OR ANY OTHER SOURCE).
10. Ensure that you give reasons for each answer. Substantiate your answers by
referring to ALL of the relevant authorities, e.g. sections from relevant legislation
and/or court cases in the text.
11. A number of students lose marks because they do not approach problem-type
questions correctly. When answering such questions, it is important to first clarify for
yourself the area of work where the answer must be sought. Once you have done
this, set out the relevant legal principles.
Deal only with those principles that relate to the given facts. Next, apply these
principles to the facts. This is where most of the students lose marks - they set out
the law in some detail, but then do not illustrate how it applies to the factual situation
they have been asked to solve. Finally, state your conclusion.
PLEASE NOTE:
If you experience technical problems, of any kind, on the day of the examination and your
examination answers are not submitted by the cut-off time, you will be marked as absent. You
have to apply online to be deferred to the next exam opportunity. No other type of submission
of your examination answers will be accepted.
2
, LCP4807
OCT/NOV 2023
QUESTION 1
1.1 It has always been argued that international human rights law developed
considerably after the creation of the United Nations. Do you agree with this
statement? Explain in full. (15)
1.2 Critically discuss the concept of state sovereignty and its controversiality in
respect of the implementation and enforcement of International Human Rights
Law. (10)
1.3 Discuss the status of international law in South Africa as part of substantive
law and as an interpretative tool using S v Makwanyane- 1995(3) SA 391 as a
case study. (25)
QUESTION 2
The Global Disability Forum (GDF) is an International Non-Governmental
Organisation (NGO) which take cases on behalf of people living with disability who are
victims of gross violation of human rights globally. Despite, the success that GDF has
achieved in the past, their cases have recently been dismissed on procedural grounds
before International Courts and Treaty Monitoring Bodies. Among others, it has been
argued that they have failed to exhaust domestic remedies. GDF is currently preparing
to take a class action case before the African Court on Human and Peoples’ Rights
(African Court) or alternatively the United Nations Committee on the Rights of the
Child. The case is about access to education of children living with Disability in the
Republic of Putuma a Southern African country. Among the factors that impede the
ability of children with disabilities to access education are prohibitive costs associated
with school fees, transport, and special assistance.
The Constitution of Putuma which is a replica of the South African Constitution is the
supreme law of the country and provides for the right of everyone to a basic education
3
SEMESTER 1 2024
EXAM PACK
LCP4807
EXAM PACK
SEMESTER 1
2024
,UNIVERSITY EXAMINATIONS
October/November 2023
LCP4807
International Human Rights Law
100 Marks
24 Hours
First Examiner: Ms MS Mooki
Second Examiner: Adv SP Makama
External Examiner: Dr TW Maseko
THIS PAPER CONSISTS OF 4 (FOUR) PAGES – INCLUDING INSTRUCTIONS.
Honesty Declaration:
In writing and submitting this paper you affirm that:
1. You understand what academic dishonesty entails and are aware of UNISA’s policies
in this regard.
2. You have not allowed, and will not allow, anyone to copy your work with the intention
of passing it off as his or her own work.
3. You did not make use of another student’s work with or without permission and
submitted it as your own.
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
1. The examination question paper counts 100 marks.
2. It consists of questions 1 and 2. All questions are compulsory. Answer ALL of the
questions.
3. The duration of the examination is 24 hours starting on Wednesday, 1st
November 2023 at 10H00 ending on Thursday, 2nd November 2023 at 10H00.
4. This is an open-book examination. You may consult your prescribed study material
during the examination.
5. You will submit your examination portfolio under Assessment 03 the same
way you submitted your assignments.
, LCP4807
OCT/NOV 2023
6. The cover page to your take-home exam must include your name, student number
and the module code.
7. It is preferred that your take-home exam is typed, however, handwritten submissions
will also be accepted.
8. Whether your answers are typed or handwritten, your submission on the Moodle
platform must be made in the form of one PDF document.
9. When answering the take-home exam questions, remember that an open-book
exam is a test at a higher level than the usual type of exam, where memory is tested
as much as insight. In an open-book exam, you need not memorise any information.
You are expected to prove that you can use information, rather than merely repeat
it. In brief, what is being tested is factual knowledge, understanding and the correct
application thereof, not memory skills. For this reason, you do not earn marks by
merely detailing a list of all the information that you think might be relevant to a
particular question. This gives no indication that you know what statutory or other
provisions are applicable in a specific context. You are expected to identify precisely
what information applies, and then explain why you think so. Also, because you have
the guide available when answering questions, we do not give marks for direct
quotations from the guide. You are therefore assessed on your level of
understanding of the legal principles by looking at how well you applied the principles
to the questions. PLEASE DO NOT CUT AND PASTE ANSWERS FROM THE
STUDY GUIDE (OR ANY OTHER SOURCE).
10. Ensure that you give reasons for each answer. Substantiate your answers by
referring to ALL of the relevant authorities, e.g. sections from relevant legislation
and/or court cases in the text.
11. A number of students lose marks because they do not approach problem-type
questions correctly. When answering such questions, it is important to first clarify for
yourself the area of work where the answer must be sought. Once you have done
this, set out the relevant legal principles.
Deal only with those principles that relate to the given facts. Next, apply these
principles to the facts. This is where most of the students lose marks - they set out
the law in some detail, but then do not illustrate how it applies to the factual situation
they have been asked to solve. Finally, state your conclusion.
PLEASE NOTE:
If you experience technical problems, of any kind, on the day of the examination and your
examination answers are not submitted by the cut-off time, you will be marked as absent. You
have to apply online to be deferred to the next exam opportunity. No other type of submission
of your examination answers will be accepted.
2
, LCP4807
OCT/NOV 2023
QUESTION 1
1.1 It has always been argued that international human rights law developed
considerably after the creation of the United Nations. Do you agree with this
statement? Explain in full. (15)
1.2 Critically discuss the concept of state sovereignty and its controversiality in
respect of the implementation and enforcement of International Human Rights
Law. (10)
1.3 Discuss the status of international law in South Africa as part of substantive
law and as an interpretative tool using S v Makwanyane- 1995(3) SA 391 as a
case study. (25)
QUESTION 2
The Global Disability Forum (GDF) is an International Non-Governmental
Organisation (NGO) which take cases on behalf of people living with disability who are
victims of gross violation of human rights globally. Despite, the success that GDF has
achieved in the past, their cases have recently been dismissed on procedural grounds
before International Courts and Treaty Monitoring Bodies. Among others, it has been
argued that they have failed to exhaust domestic remedies. GDF is currently preparing
to take a class action case before the African Court on Human and Peoples’ Rights
(African Court) or alternatively the United Nations Committee on the Rights of the
Child. The case is about access to education of children living with Disability in the
Republic of Putuma a Southern African country. Among the factors that impede the
ability of children with disabilities to access education are prohibitive costs associated
with school fees, transport, and special assistance.
The Constitution of Putuma which is a replica of the South African Constitution is the
supreme law of the country and provides for the right of everyone to a basic education
3
