2022
IRM1501
Introduction to Research for Law and Criminal
Justice
October/November 2022
PORTFOLIO - EXAMINATION
CHRISTINA SHAAKUMENI
, Qwelane v South African Human Rights Commission and Another [2021] ZACC
22 (10)
Facts of the Case
On July 30,2021, at 10 a.m., the Constitutional Court issued in Qwelane v South
African Human Rights Commission and Another [2021] ZACC 22 hereinafter referred
to the Qwelane case its decision in an application for confirmation of an order of
constitutional invalidity granted by the Supreme Court of Appeal (hearing an appeal
from the High Court of South Africa, Gauteng Local Division, Johannesburg)
regarding section 10 of the Promotion of Equality and Prevention of Unfair
Discrimination Act 4 of 2000. (the Equality Act).
The core problem at hand is a difficult balancing act between the fundamental rights
to freedom of expression,1 dignity, and equality.2
The late Mr Qwelane, a prominent columnist, wrote an essay headlined "Call me
names - but gay is not okay"
Question 2
Make a distinction between qualitative and quantitative research methodology
and use examples where necessary. (10)
Document-based research is also referred to as the qualitative method of research
or quantitative research.3 Therefore, whenever mention is made of qualitative
research, you should know that the research is document based and vice versa. 4
Document-based research has to do with the reviewing of sources that are mostly
sourced from or found in the library.5……
1
Section 16(1) of the Constitution of the Republic of South Africa, 1996.
2
Qwelane v South African Human Rights Commission and Another [2021] ZACC 22 para [2].
3
Prof Swanepoel and N Mabeka, Introduction to research for law and criminal justice (University of
South Africa 2018) 9.
4
Prof Swanepoel and N Mabeka, 9.
5
Prof Swanepoel and N Mabeka, 9.
IRM1501
Introduction to Research for Law and Criminal
Justice
October/November 2022
PORTFOLIO - EXAMINATION
CHRISTINA SHAAKUMENI
, Qwelane v South African Human Rights Commission and Another [2021] ZACC
22 (10)
Facts of the Case
On July 30,2021, at 10 a.m., the Constitutional Court issued in Qwelane v South
African Human Rights Commission and Another [2021] ZACC 22 hereinafter referred
to the Qwelane case its decision in an application for confirmation of an order of
constitutional invalidity granted by the Supreme Court of Appeal (hearing an appeal
from the High Court of South Africa, Gauteng Local Division, Johannesburg)
regarding section 10 of the Promotion of Equality and Prevention of Unfair
Discrimination Act 4 of 2000. (the Equality Act).
The core problem at hand is a difficult balancing act between the fundamental rights
to freedom of expression,1 dignity, and equality.2
The late Mr Qwelane, a prominent columnist, wrote an essay headlined "Call me
names - but gay is not okay"
Question 2
Make a distinction between qualitative and quantitative research methodology
and use examples where necessary. (10)
Document-based research is also referred to as the qualitative method of research
or quantitative research.3 Therefore, whenever mention is made of qualitative
research, you should know that the research is document based and vice versa. 4
Document-based research has to do with the reviewing of sources that are mostly
sourced from or found in the library.5……
1
Section 16(1) of the Constitution of the Republic of South Africa, 1996.
2
Qwelane v South African Human Rights Commission and Another [2021] ZACC 22 para [2].
3
Prof Swanepoel and N Mabeka, Introduction to research for law and criminal justice (University of
South Africa 2018) 9.
4
Prof Swanepoel and N Mabeka, 9.
5
Prof Swanepoel and N Mabeka, 9.
