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HFL1501 PORTFOLIO MEMO - MAY/JUNE 2023 - SEMESTER 1 2023 - UNISA ( UNIQUE MEMO - DISTINCTION GUARANTEED!)

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HFL1501 PORTFOLIO MEMO - MAY/JUNE 2023 - SEMESTER 1 2023 - UNISA ( UNIQUE MEMO - DISTINCTION GUARANTEED!) QUESTION 1 Answer the following questions regarding historic constitutions in South African legal history mentioned in the Study Guide: 1.1 Name two South African constitutions of which you have learned in this module that were promulgated during the twentieth century that entrenched only the formal testing powers of the courts. (2) 1.2 Which nineteenth-century constitution of an independent republic in South Africa was influenced by the American Constitution? (1) 1.3 The constitution of which independent nineteenth-century republic in South Africa made no provision for the protection of human rights or the limitation of government power? (1) QUESTION 2 Answer the following questions: 2.1 Indicate the correct way to cite in writing (reference) the following sources of South African law: 2.1.1 The Interim Constitution (1) 2.1.2 The constitution currently in force (1) 2.2 Name three Constitutional Court cases referred to in the HFL1501 Study Guide in which the Court considered the supremacy of the Constitution. (3) [5] QUESTION 3 Answer the following questions regarding the relationship between the law of property and the Constitution: 3.1 Consider the case of Daniels v Scribante and Another [2017] ZACC 13, as well as sections 25 and 26 of the Constitution and answer the following questions: 3.1.1 List two fundamental rights applicable in cases related to the security of tenure. (2) 3.1.2 The Constitutional Court respected and protected Ms Daniels’ rights in this matter. Discuss the reasoning behind their judgment. Limit your answer to 200 words. (3) [4] 2 3.2 Consider the purpose of section 26 of the Constitution. Do you think that South African courts have a duty to abolish the rei vindicatio? Provide reasons for your answer that are based in law and on your understanding of Parts 2 and 3 of the Study Guide. Limit your answer to 200 words. (3) [8] QUESTION 4 Read carefully and answer the following questions on ubuntu and South African law: 4.1 Identify two fundamental rights most closely associated with the principles of ubuntu. Also indicate why you think these rights relate to the philosophy of ubuntu. (3) 4.2 Write a brief note on how the Constitutional Court has relied on the principles of ubuntu when adjudicating delictual matters. Limit your answer to 250 words. (5) [8] TOTAL [25]

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HFL1501
Historical Foundations of South African Law


PORTFOLIO MEMO
SEMESTER 1 - 2023
UNIQUE NUMBER: -
Due Date: - 24th MAY 2023

Includes Footnotes and/or Bibliography

QUESTION PREVIEW




UNIQUE MEMO
DISTINCTION GUARANTEED!!!


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, HFL1501
First semester of 2023
Assessment 6: QUESTIONS

This assessment is an elective assessment.
Due date: 10:00 AM on Wednesday, 24 May 2023
This is a written (file-upload) assessment and counts out of 25 marks.
This assessment covers the content of the entire Study Guide.
Please note that NO LATE SUBMISSIONS WILL BE ACCEPTED.
For instructions on how to prepare the file with your answers for submission and how
to submit Assessment 6, please read pages 7 and 10–12 of the HFL1501 Assessment
Pack. Follow these instructions carefully and complete all the steps.
Please also remember to check, after you have uploaded your file, that the file is the
one you intended to upload, that it can open and that all the pages are visible and
easy to read.
Also see the Assessment Information Folder (under Additional Resources on the
HFL1501 module site) for information on referencing and the formal requirements for
this assessment.



PLEASE NOTE:
All the answers to these questions are found in the HFL1501 Study Guide, or should
be based on your understanding of, and opinion on, what you have read in the
HFL1501 Study Guide. However, your answers must be in your own words.
Answers copied directly from the Study Guide are awarded a mark of zero, even if
you include a reference. If you have completed the HFL1501 online lessons and
viewed the lecture recordings available on the module site, this would have further
developed your understanding of the study material.
Please don’t search for the answers to the questions posed in this assessment in
other textbooks or study guides for other modules, on the internet, or by using your
imagination. This assessment tests whether you have put in the necessary work this
semester, and whether you are sufficiently familiar with the contents of the entire
Study Guide.
Artificial intelligence (AI) chatbots, such as ChatGPT, cannot help you to answer
these questions. Furthermore, UNISA officially recognises the use of AI text-
generation software, chat bots, and language models as academic
dishonesty. Making use of such resources is viewed as plagiarism and may result
in disciplinary steps taken against you.
We are not providing this warning to make your life harder, but rather to help you.
Heed this warning and prepare for this assessment. You can do very well if you
work hard and on your own.



1

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