Skills Course for Law Students
SCL1501
Department of Jurisprudence
Assignment 01 for Semester 01 2022 (compulsory)
Unique Number: 574123
Due Date: 25 March 2022
Terms of use:
• To be used ONLY for comparison purposes (As a guideline)
• Do not duplicate or distribute without written consent from the author. (That includes
distribution on WhatsApp/Telegram etc.
QUESTION 1
1. Discuss the centrality of the law to a stable society or social order. (4)
, Answer:
The centrality of law to any social order is noteworthy. The political, social and economic order,
including corruption, depend on the law.
Law is an integral part of our lives that we cannot even imagine ourselves living without it. In
modern societies, most opponents of particular governments or regimes begin with the accusation
that there is “no rule of law” in certain countries. The impact of this line on the imagination of other
humans is profound, as we have taken into our sub-consciousness that a system of laws is essential
for our safe existence. Without legal rules/law, there would be chaos and total disorder. The
situation of lawlessness is called “anarchy”. Basically, the principal ones are the following:
establishing standards, maintaining order, resolving disputes, and protecting liberties and rights.
See page 3 of the Study Guide.
QUESTION 2
2.1 The notion of “state capture”, for instance, has been given a strange perception, especially in
the last few years in South Africa.
(a) Refer to current topical developments in the country and discuss the above statement. (4)
a) The notion of “state capture”, has been given a strange perception, especially in the last few
years in South Africa. The state has always been an object of capture. In South Africa, even during
the post-1994 dispensation, a certain business clique would have grabbed the power of the state. It
is a state capture, even though it was not labelled as such. It is not what you call something, but
rather it is what it is that matters. During the presidency of former President Jacob Zuma, there
arose a loud discourse of “state capture” all over, particularly in the mass media spaces, which
made the phrase “state capture” spontaneously associated with the then President and the Gupta
family (which was proven to have had too many and massive business deals with the state). These
business deals were acquired through the control of the people who were in government (state
proxies). It is in this sense that this relationship attracted a lot of attention and sensationalised the
phrase “state capture”. President Jacob Zuma and the Gupta family’s close affiliation is what stirred
up great concern about the South African state facing a possible state capture. As a result, the
Zuma-Gupta relationship is a clear illustration of the thin line between “state” and “government”,
and it also shows how vulnerable the state is as anyone in government can influence or direct the
affairs of the state according to their ideological preferences. See page 5-6 of the Study Guide
Also see below:
The state has always been an object of capture. For instance, the capitalist cohort/business has
captured almost all states in the 21st century, religious groups used to wield state power in past
centuries, and the masses (proletariat) captured the state in socialist/communist states, and so on.
For a socialist or communist, therefore, it is a very good thing for the masses to take control of
the state power (state capture). In this sense, one may argue that “state capture” is
not necessarily a bad thing.
SCL1501
Department of Jurisprudence
Assignment 01 for Semester 01 2022 (compulsory)
Unique Number: 574123
Due Date: 25 March 2022
Terms of use:
• To be used ONLY for comparison purposes (As a guideline)
• Do not duplicate or distribute without written consent from the author. (That includes
distribution on WhatsApp/Telegram etc.
QUESTION 1
1. Discuss the centrality of the law to a stable society or social order. (4)
, Answer:
The centrality of law to any social order is noteworthy. The political, social and economic order,
including corruption, depend on the law.
Law is an integral part of our lives that we cannot even imagine ourselves living without it. In
modern societies, most opponents of particular governments or regimes begin with the accusation
that there is “no rule of law” in certain countries. The impact of this line on the imagination of other
humans is profound, as we have taken into our sub-consciousness that a system of laws is essential
for our safe existence. Without legal rules/law, there would be chaos and total disorder. The
situation of lawlessness is called “anarchy”. Basically, the principal ones are the following:
establishing standards, maintaining order, resolving disputes, and protecting liberties and rights.
See page 3 of the Study Guide.
QUESTION 2
2.1 The notion of “state capture”, for instance, has been given a strange perception, especially in
the last few years in South Africa.
(a) Refer to current topical developments in the country and discuss the above statement. (4)
a) The notion of “state capture”, has been given a strange perception, especially in the last few
years in South Africa. The state has always been an object of capture. In South Africa, even during
the post-1994 dispensation, a certain business clique would have grabbed the power of the state. It
is a state capture, even though it was not labelled as such. It is not what you call something, but
rather it is what it is that matters. During the presidency of former President Jacob Zuma, there
arose a loud discourse of “state capture” all over, particularly in the mass media spaces, which
made the phrase “state capture” spontaneously associated with the then President and the Gupta
family (which was proven to have had too many and massive business deals with the state). These
business deals were acquired through the control of the people who were in government (state
proxies). It is in this sense that this relationship attracted a lot of attention and sensationalised the
phrase “state capture”. President Jacob Zuma and the Gupta family’s close affiliation is what stirred
up great concern about the South African state facing a possible state capture. As a result, the
Zuma-Gupta relationship is a clear illustration of the thin line between “state” and “government”,
and it also shows how vulnerable the state is as anyone in government can influence or direct the
affairs of the state according to their ideological preferences. See page 5-6 of the Study Guide
Also see below:
The state has always been an object of capture. For instance, the capitalist cohort/business has
captured almost all states in the 21st century, religious groups used to wield state power in past
centuries, and the masses (proletariat) captured the state in socialist/communist states, and so on.
For a socialist or communist, therefore, it is a very good thing for the masses to take control of
the state power (state capture). In this sense, one may argue that “state capture” is
not necessarily a bad thing.
