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HFL1501 - EXAM PORTFOLIO OCTOBER 2024

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ANSWERS TO THE HFL1501 PORTFOLIO OF OCTOBER 2024

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The Origins of South African law

HFL1501

Second semester of 2024

PORTFOLIO

Assessment 6: QUESTIONS

Due Date: at 13:00 on Wednesday, 23 October 2024



Written by

Camecia Cass




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, Questions

Answer the following questions based on your understanding of the HFL1501
study material:

QUESTION 1

1.1 Name one South African constitution of which you have learned in this
module that embraced an approach of complete denial of the principle of
constitutionalism. (1)

The Constitution of the Zuid-Afrikaansche Republiek1

1.2 Provide evidence from the Constitution of the Republic of South Africa, 1996
that supports the statement that the current South African governmental
structure is not based on parliamentary supremacy. (4)

Section 2 of the Constitution provides that the Constitution is the supreme law of the
Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by
it must be fulfilled.2

From the extract from the Constitution it is evident that the Constitution is the highest
law3 in South Africa and all other laws passed even in Parliament or any other organ
of State are subject to the constitution.

As a result, the existing system of government in South Africa is one in which
constitutional order is more important than parliamentary order.

[5]

QUESTION 2

2.1 Provide one valid example of each of the following classifications of things:

a) a consumable thing (1)




1
Only Study Guide for HFL1501, The Origins of South African Law (University of South Africa Pretoria
2018) 60.
2
S2 of the Constitution of the Republic of South Africa, 1996.
3
Constitution of the Republic of South Africa, 1996.

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