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LJU4801 October November Portfolio (COMPLETE ANSWERS) Semester 2 2025 - DUE 28 October 2025

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LJU4801 October November Portfolio (COMPLETE ANSWERS) Semester 2 2025 - DUE 28 October 2025

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NO PLAGIALISM
LJU4801 October November Portfolio

(COMPLETE ANSWERS) Semester 2

2025 - DUE 28 October 2025





,LJU4801 October November Portfolio (COMPLETE ANSWERS) Semester 2 2025 -

DUE 28 October 2025; .XOctober / November 2025 LEGAL PHILOSOPHY LJU4801

PORTFOLIO EXAMINERS: FIRST: PROF. J-H DE VILLIERS SECOND: MS. PAN

NYAWO EXTERNAL: DR. Y JOOSTE (University of Pretoria) This paper consists of 7

pages. The paper counts 80 marks. The portfolio runs from 23 - 28 October 2025.

PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE

ANSWERING THE EXAMINATION QUESTIONS. 1. This portfolio must be submitted

before 20:00 on 28 October 2025 (CAT). Students have to submit this portfolio via

myUnisa, therefore no e-mailed portfolios may be accepted. No extensions will be

granted. It is the responsibility of the student to ensure that the file submitted is not

corrupted and can be opened for marking. No scanned portfolios may be submitted. 2.

You must therefore submit this portfolio as Assessment 3 via myUnisa. When you receive

the portfolio, check whether your submission portal is open/available and let your

lecturers know immediately if your submission portal is not open. 3.1 When ready to

submit, open the Take-Home (Assignment) assessment and click on the Add Submission

button. LJU4801 OCT/NOV 2025 2 3.2 Note the file requirements such as: a. File size

limit. b. Number of files that can be submitted. c. File formats allowed. 3.3 Check the

acknowledgment checkbox and upload your answers document and then click on the Save

changes button. 3.4 Review your submission information regarding the status and click on

your submission file link to check if it's correct. LJU4801 OCT/NOV 2025 3 3.5 If you

need to resubmit a file, you can click on the Edit Submission button. Do not click on the

Remove submission button. Note: You will need to delete any existing files by clicking on

the file and then on delete. 4. The Declaration of Academic Honesty button must be

clicked when submitting the portfolio examination. By ticking the Honesty Declaration,

you confirm that you have read (i) the University’s Policy on Copyright Infringement and

,Plagiarism and the Student Disciplinary Code, which are both available on myUnisa:

values and plagiarism that is found at LJU4801 OCT/NOV 2025 4 5. This is an open-book

examination. You may consult your prescribed study material during the examination. 6.

Proper footnote referencing must be used. This entails that every argument or idea taken

from another source, or any piece of information utilised from another source, needs to be

provided with a separate footnote reference. Please note that in-line referencing in the text

may NOT be used. 7. When answering questions, students are expected to make use of the

study guide as well as other sources relevant to the question. PLEASE DO NOT COPY

AND PASTE ANSWERS FROM ANY SOURCE. When answering the questions, you

must provide footnote references to the relevant source(s) for every statement made. You

must make use of the Unisa School of Law referencing style. Refer to Tutorial Letter 301

and Tutorial Letter 302 under the Official Study Material tab on myUnisa. Do not make

use of long quotations, rather rephrase the arguments in your own words. Short quotations

must appear in quotation marks and be accompanied by a corresponding footnote

reference. Unreferenced portfolio content will not be credited with marks. 8. Use proper

language and grammar and make use of full sentences; no bullets or numbering are

allowed. Your essays must present coherent, logical and consistent arguments. 9. Note

that all portfolios will be scrutinised for plagiarism through the use of Turnitin. Any

information provided that is not in your own words and properly referenced, will be

flagged by Turnitin. Be reminded that Turnitin also compares all student assignment

submissions to each other; instances of academic dishonesty or students copying from

each other will also be identified. Instances of AI writing are also detected by Turnitin.

Cases of plagiarism or academic dishonesty will be dealt with in accordance with the

University's policies.

, Carefully consider the following pronouncement made by Nelson Mandela during his first

court statement in Pretoria, 1962: Your Worship, I would say that the whole life of any

thinking African in this country drives him continuously to a conflict between his

conscience on the one hand and the law on the other. This is not a conflict peculiar to this

country. The conflict arises for men of conscience, for men who think and who feel

deeply in every country. Recently in Britain, a peer of the realm, Earl Russell, probably

the most respected philosopher of the Western world, was sentenced, convicted for

precisely the type of activities for which I stand before you today, for following his

conscience in defiance of the law, as a protest against a nuclear weapons policy being

followed by his own government. For him, his duty to the public, his belief in the morality

of the essential rightness of the cause for which he stood, rose superior to this high respect

for the law. He could not do other than to oppose the law and to suffer the consequences

for it. Nor can I. Nor can many Africans in this country. The law as it is applied, the law

as it has been developed over a long period of history, and especially the law as it is

written and designed by the Nationalist government, is a law which, in our view, is

immoral, unjust, and intolerable. Our consciences dictate that we must protest against it,

that we must oppose it, and that we must attempt to alter it. Consider the following extract

from page 1 of The Citizen newspaper, Friday 29 August 2025: The Sexual Offences Act

23 of 1957 prohibits prostitution, brothel-keeping, and other related activities. A call for

the decriminalisation of sex work is currently being heard by the Western Cape High

Court. Comprehensively explain the legal thinking found in the work of Mary Joe Frug to

explain how both the law, generally, and the Sexual Offences Act, specifically, “encodes”

the female body with meaning. Read the following scenario and then answer the question
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