HFL1501 Portfolio Semester 2 2022

HFL1501
PORTFOLIO
SEMESTER 2
2022

, Question 1

1.1 South African sources of law:
• The Constitution of the Republic of South Africa, 1996;
• Legislation;
• Case law;
• Common law; and
• Indigenous African customary law


1.2 Countries that have a codified legal system
• Germany,
• France,
• the Netherlands,
• Italy and
• Spain



Question 2

2.1 Black Administration Act 38 of 1927


2.2 Yes, because the Law of Evidence Amendment Act 45 of 1988, which contains this
clause, is still valid up to date.



Question 3

3.1 In the 2004 decision of Daniels v Campbell the Constitutional Court held that the
natural interpretation of the word “spouse” in the Intestate Succession Act 81 of
1987 and in the Maintenance of Surviving Spouses Act 27 of 1990 should include
partners in a monogamous Muslim marriage.


In 2009, in the decision of Hassam v Jacobs the Constitutional Court declared that
section 1 of the Intestate Succession Act 81 of 1987 was constitutionally invalid,
because it excluded widows in polygynous marriages from the benefits of the Act.