LJU4801 EXAM PACK
2026
FOR ASSISTANCE CONTACT
EMAIL:
, lOMoARcPSD|44660598
UNIVERSITY EXAMINATIONS
May/June 2024
LJU4801
LEGAL PHILOSOPHY
First examiner: Adv RB Mokomane
Second examiner: Ms PAN Nyawo
This paper consists of 4 pages.
The paper counts 100 marks.
The portfolio runs from 17 – 22 May 2024.
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
1. This portfolio must be submitted before 20:00 on 22 May 2024. Students have to
submit this portfolio via myUnisa, therefore no e-mailed or faxed portfolios may be
accepted. No extensions will be granted. It is the responsibility of the student to
ensure that the file submitted is not corrupted and can be opened for marking.
2. You must submit this portfolio as Assessment 3 via myUnisa. When you receive
the portfolio, check whether your submission is open / available and let your
lecturers know immediately if your submission portal is not open.
3. The Declaration of Academic Honesty must be signed and included in the
submission of the portfolio examination.
4. Proper footnote referencing must be used. This entails that every argument or
idea taken from another source, or any piece of information utilised from another
source, needs to be provided with a separate footnote reference.
5. Long quotes from sources are not allowed. Students must summarise or
paraphrase arguments and ideas from sources in their own words. Short quotes
must be provided with quotation marks and with a corresponding footnote.
6. When answering questions, students are expected to make use of the study guide
as well as any other relevant source to answer the question. The study guide must
be referenced like any other source. These footnotes must adhere to the
prescribed
referencing style of the School of Law. In this regard, please read Tutorial Letter
, lOMoARcPSD|44660598
301, which is available under Official Study Material on myModules (myUnisa).
Remember that a Unisa study guide is referenced in the same way as a book.
Please include references in your portfolio, even when you are only referring to the
study material and the Constitution.
7. Use proper language and grammar and make use of full sentences. You must not
write using bullets and numbering. Rather provide a narrative consisting of a coherent,
logical, and consistent argument.
Question 1
Read the following article and then answer the questions below:
In the newspaper article written by Nico De Jager titled “Pride is a Heavy Price to
Pay”,1 the author talks about discrimination on the basis of sexual orientation.
According to this article:
“At least 20 LGBTQIA+ [lesbian, gay, bisexual, transgender, queer, intersex,
asexual plus] individuals were brutally killed across South Africa between February
and October [2021] when the country witnessed an increase in the number of
attacks against lesbians, gays and transgender people. Many of the victims were
beaten or stabbed to death. Evidently, these victims were targeted because of their
sexual orientation and gender identity.”
The article further indicates that:
“As a society firmly entrenched in patriarchy and misogyny, many South Africans
still perceive LGBTQIA+ individuals as inherently immoral and/or “un-African” and
therefore pay little attention to the violence that they endure daily. This is indicative
of the work that needs to be done in changing societal attitudes in our
communities.”
1.1 Despite the rights of LGBTQIA+ having constitutional and legislative protection,
members of this community are still victimised in South Africa, with some critics
(as noted above) viewing homosexuality as immoral. One of the consistent
debates in legal philosophy has been the relationship between law and
morality. Discuss how legal positivists and natural-law philosophers view this
relationship.
Your answer should not exceed 1000 words. (20)
1.2 Section 9 of the Constitution of the Republic of South Africa, 1996 prohibits
discrimination on the basis of sexual orientation. Moreover, the Civil Union Act
1 N de Jager, ‘Pride is a Heavy Price to Pay’ Mail & Guardian (25 June 2022)
https://mg.co.za/opinion/2022-06-25-pride-is-a-heavy-price-to-pay/> accessed 16 April 2024.
, lOMoARcPSD|44660598
17 of 2006 recognises same-sex marriages. Keeping in mind the positivist
theory
of adjudication, is the South African position on homosexuality based on law or
morality? Discuss. Your answer should not exceed 750 words. (15)
[35]
Question 2
Read the following article and then answer the questions below:
In the newspaper article written by Maryna Lamprecht titled “Freedom of Speech
also Applies to Judges, Retired Judges”, 2 the author reflects on the debate about
judges publicly expressing themselves on political issues. According to this article,
the former Minister of Justice and Constitutional Development, Mike Masutha, said:
“it was ‘concerning’ that “judges – especially retired judges – get involved in
litigation against the state and publicly express themselves on ‘outright political
questions’”.
2.1 Discuss objectivist theories on factors that constraint (influence) judges in their
decision making. Your answer should not exceed 750 words. (15)
2.2 Considering the factors that are seen to constrain judges based on your answer
to the question 2.1 above, discuss whether judges’ public comments on political
issues pose a threat to their objectivity in adjudicating political disputes. To answer
this question, refer to document “LJU4801 article 1”. Your answer should not
exceed 750 words. (15)
[30]
Question 3
Read the following scenario and then answer the questions below:
In 2007, the Constitutional Court handed down judgment in the case of S v M 2007
(2) SACR 539 (CC), which dealt with an appeal against a sentence of
imprisonment. Before setting aside and replacing this sentence with that of
correctional supervision, Sachs J remarked that:
“[72] To start with, her offer to repay the persons she defrauded appears to be
genuine and realistic. It would have special significance if she is required to make
the repayments on a face-to-face basis. This could be hard for her, but restorative
justice ideally requires looking the victim in the eye and acknowledging
wrongdoing. There might be practical problems in this case in ensuring that M
2 M Lamprecht, ‘Freedom of Speech also Applies to Judges, Retired Judges’ City Press (10
December 2015) https://www.news24.com/citypress/news/freedom-of-speech-also-applies-to judges-
retired-judges-20151210> accessed 16 April 2024.
2026
FOR ASSISTANCE CONTACT
EMAIL:
, lOMoARcPSD|44660598
UNIVERSITY EXAMINATIONS
May/June 2024
LJU4801
LEGAL PHILOSOPHY
First examiner: Adv RB Mokomane
Second examiner: Ms PAN Nyawo
This paper consists of 4 pages.
The paper counts 100 marks.
The portfolio runs from 17 – 22 May 2024.
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
1. This portfolio must be submitted before 20:00 on 22 May 2024. Students have to
submit this portfolio via myUnisa, therefore no e-mailed or faxed portfolios may be
accepted. No extensions will be granted. It is the responsibility of the student to
ensure that the file submitted is not corrupted and can be opened for marking.
2. You must submit this portfolio as Assessment 3 via myUnisa. When you receive
the portfolio, check whether your submission is open / available and let your
lecturers know immediately if your submission portal is not open.
3. The Declaration of Academic Honesty must be signed and included in the
submission of the portfolio examination.
4. Proper footnote referencing must be used. This entails that every argument or
idea taken from another source, or any piece of information utilised from another
source, needs to be provided with a separate footnote reference.
5. Long quotes from sources are not allowed. Students must summarise or
paraphrase arguments and ideas from sources in their own words. Short quotes
must be provided with quotation marks and with a corresponding footnote.
6. When answering questions, students are expected to make use of the study guide
as well as any other relevant source to answer the question. The study guide must
be referenced like any other source. These footnotes must adhere to the
prescribed
referencing style of the School of Law. In this regard, please read Tutorial Letter
, lOMoARcPSD|44660598
301, which is available under Official Study Material on myModules (myUnisa).
Remember that a Unisa study guide is referenced in the same way as a book.
Please include references in your portfolio, even when you are only referring to the
study material and the Constitution.
7. Use proper language and grammar and make use of full sentences. You must not
write using bullets and numbering. Rather provide a narrative consisting of a coherent,
logical, and consistent argument.
Question 1
Read the following article and then answer the questions below:
In the newspaper article written by Nico De Jager titled “Pride is a Heavy Price to
Pay”,1 the author talks about discrimination on the basis of sexual orientation.
According to this article:
“At least 20 LGBTQIA+ [lesbian, gay, bisexual, transgender, queer, intersex,
asexual plus] individuals were brutally killed across South Africa between February
and October [2021] when the country witnessed an increase in the number of
attacks against lesbians, gays and transgender people. Many of the victims were
beaten or stabbed to death. Evidently, these victims were targeted because of their
sexual orientation and gender identity.”
The article further indicates that:
“As a society firmly entrenched in patriarchy and misogyny, many South Africans
still perceive LGBTQIA+ individuals as inherently immoral and/or “un-African” and
therefore pay little attention to the violence that they endure daily. This is indicative
of the work that needs to be done in changing societal attitudes in our
communities.”
1.1 Despite the rights of LGBTQIA+ having constitutional and legislative protection,
members of this community are still victimised in South Africa, with some critics
(as noted above) viewing homosexuality as immoral. One of the consistent
debates in legal philosophy has been the relationship between law and
morality. Discuss how legal positivists and natural-law philosophers view this
relationship.
Your answer should not exceed 1000 words. (20)
1.2 Section 9 of the Constitution of the Republic of South Africa, 1996 prohibits
discrimination on the basis of sexual orientation. Moreover, the Civil Union Act
1 N de Jager, ‘Pride is a Heavy Price to Pay’ Mail & Guardian (25 June 2022)
https://mg.co.za/opinion/2022-06-25-pride-is-a-heavy-price-to-pay/> accessed 16 April 2024.
, lOMoARcPSD|44660598
17 of 2006 recognises same-sex marriages. Keeping in mind the positivist
theory
of adjudication, is the South African position on homosexuality based on law or
morality? Discuss. Your answer should not exceed 750 words. (15)
[35]
Question 2
Read the following article and then answer the questions below:
In the newspaper article written by Maryna Lamprecht titled “Freedom of Speech
also Applies to Judges, Retired Judges”, 2 the author reflects on the debate about
judges publicly expressing themselves on political issues. According to this article,
the former Minister of Justice and Constitutional Development, Mike Masutha, said:
“it was ‘concerning’ that “judges – especially retired judges – get involved in
litigation against the state and publicly express themselves on ‘outright political
questions’”.
2.1 Discuss objectivist theories on factors that constraint (influence) judges in their
decision making. Your answer should not exceed 750 words. (15)
2.2 Considering the factors that are seen to constrain judges based on your answer
to the question 2.1 above, discuss whether judges’ public comments on political
issues pose a threat to their objectivity in adjudicating political disputes. To answer
this question, refer to document “LJU4801 article 1”. Your answer should not
exceed 750 words. (15)
[30]
Question 3
Read the following scenario and then answer the questions below:
In 2007, the Constitutional Court handed down judgment in the case of S v M 2007
(2) SACR 539 (CC), which dealt with an appeal against a sentence of
imprisonment. Before setting aside and replacing this sentence with that of
correctional supervision, Sachs J remarked that:
“[72] To start with, her offer to repay the persons she defrauded appears to be
genuine and realistic. It would have special significance if she is required to make
the repayments on a face-to-face basis. This could be hard for her, but restorative
justice ideally requires looking the victim in the eye and acknowledging
wrongdoing. There might be practical problems in this case in ensuring that M
2 M Lamprecht, ‘Freedom of Speech also Applies to Judges, Retired Judges’ City Press (10
December 2015) https://www.news24.com/citypress/news/freedom-of-speech-also-applies-to judges-
retired-judges-20151210> accessed 16 April 2024.
