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Exam (elaborations)

Assignment (elaborations) - Introduction to Law (ILW1501) - Semester 1

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Introduction to Law (ILW1501)
Assignment Questions & Answers
Question 1
Read the following scenario and answer the question that follows:
Solomon Dhlamini, who has struggled with being overweight since
childhood, has been employed in the advertising division of a leading
cosmetics company for the past five years. He has always had a vision for
the company’s media campaign, so when an opportunity to join the media
division presents itself, Solomon grabs the opportunity and applies for the
position. Unfortunately, his application is unsuccessful, and the company
gives him a chance to complain about this. An impartial person hears the
complaint and decides that the rules regarding appointments within the
company are clear and apply to all employees equally. However, Solomon
is of the view that he was not appointed in the media division of the
company because he is overweight.
1.1 Has formal justice been achieved in this case? In your answer, provide the three
basic requirements with which formal law must comply, for formal justice to
be achieved. (4)


Answer:
Yes, formal justice has been achieved in this case.
Formal justice is achieved if the following basic requirements are met:
1. There must be explicit rules laid down to show how people must be treated in
specific
cases.
2. The rules must apply generally / to all people in the group in the same
circumstances.
3. The rules must be applied impartially / unequally / without bias by a legal
institution / judge / person.


Therefore,
 Formal justice has been achieved in this case because firstly the rules within
the company are found to be clear. Secondly, it is found that the rules apply
generally to all employees equally. And finally, it is found that an impartial person
heard the complaint.

1

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