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IRM1501 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE DATE :- 17 - 24 MAY 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)

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IRM1501 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE DATE :- 17 - 24 MAY 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!) QUESTIONS The Constitutional Court of South Africa in the case of Sidumo v Rustenburg Platinum Mines Ltd & Others 2007 12 BLLR 1097 (CC) devised a new test to be applied when determining the fairness of the dismissal. Discuss the case of Sidumo in the prescribed format (facts, legal question, reasons for the decision or ratio decidendi and the findings of the case) and highlight the test that the Constitutional Court designed in deciding on fairness in labour law matters. (15 Marks) QUESTION 2 What are benefits of conducting research? In addition, in your answer you must highlight the basic methods of research. (10 Marks) QUESTION 3 Find the case of Global & Local Investment Advisors (Pty) Ltd v Fouche (71/2019 [2020] ZASCA 8; 2021 (1) SA 371 SCA (18 March 2020) and summarize it in the prescribed format (facts, legal question, reasons for the findings and the findings). (15 marks) QUESTION 4 Find the case of African National Congress v Electoral Commission of South Africa and Others (001/2024 EC) [2024] ZAEC 3 (26 March 2024). Write an essay about this case covering the following: 1. the facts of this case 2. the legal question 6 3. the decision of the court Your essay must include footnotes in the prescribed format and a bibliography. You must consult and use at least one book, one journal article, one Act of parliament or legislation and one court case in preparing for your essay. TOTAL = 80 MARKS (40 marks)

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IRM1501
Introduction to Research Methodology for Law and Criminal Justice



PORTFOLIO MEMO
SEMESTER 1 – 2024 - UNISA
UNIQUE NUMBER: - 150258
DUE DATE: - 17 - 24 MAY 2024 @ 12:00
Includes detailed Footnotes and/or Bibliography.


PORTFOLIO PREVIEW
The Constitutional Court of South Africa in the case of Sidumo v Rustenburg
Platinum Mines Ltd & Others 2007 12 BLLR 1097 (CC) devised a new test to
be applied when determining the fairness of the dismissal. Discuss the case
of Sidumo in the prescribed format (facts, legal question, reasons for the
decision or ratio decidendi and the findings of the case) and highlight the
test that the Constitutional Court designed in deciding on fairness in labour
law matters. (15 Marks) QUESTIONS CONTINUE…..

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, QUESTIONS



The Constitutional Court of South Africa in the case of Sidumo v
Rustenburg Platinum Mines Ltd & Others 2007 12 BLLR 1097 (CC)
devised a new test to be applied when determining the fairness of the
dismissal. Discuss the case of Sidumo in the prescribed format (facts,
legal question, reasons for the decision or ratio decidendi and the
findings of the case) and highlight the test that the Constitutional Court
designed in deciding on fairness in labour law matters. (15 Marks)



Sidumo v Rustenburg Platinum Mines Ltd & Others 2007 12 BLLR 1097
(CC) in the prescribed format:


Facts: Mr. Sidumo was a security guard employed by Rustenburg Platinum
Mines Ltd. He was dismissed for incompetence after failing to perform his
duties, which led to a significant amount of precious metal being stolen. Mr.
Sidumo challenged his dismissal at the CCMA, arguing that it was unfair.1



Legal Question: The central legal question was whether the decision made
by the commissioner at the CCMA to reinstate Mr. Sidumo was one that a
reasonable decision-maker could not reach. This required the Constitutional
Court to consider the appropriate standard of review in labour disputes
concerning dismissals.2

1 Sidumo v Rustenburg Platinum Mines Ltd & Others 2007 12 BLLR 1097 (CC)
2 Sidumo v Rustenburg Platinum Mines Ltd & Others 2007 12 BLLR 1097 (CC)

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