HFL1501 ASSIGNMENT 1 MEMO - SEMESTER 2 - 2023 - UNISA - (DETAILED ANSWERS WITH REFERENCES - DISTINCTION GUARANTEED) – DUE DATE: - 16 AUGUST 2023 - UNIQUE NUMBER: - 606485

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HFL1501
Historical Foundations of South African Law

ASSIGNMENT 1 MEMO
SEMESTER 2 – 2023
UNIQUE NUMBER: - 606485
DUE DATE: - 16TH AUGUST 2023
Includes Footnotes and/or Bibliography*

QUESTION 1
Explain why a lawyer has to consult various sources of law when trying to establish what the existing South African
law says about a legal question. Base your answer on your understanding of the nature of the South African legal
system. [2]

QUESTION 2

2.1. Which section of the Constitution of the Republic of South Africa,1996 officially recognises indigenous African law
as a source of South African law? Your answer must be specific and complete. (1)

2.2 Explain how the application of indigenous law is limited in terms of the Constitution of the Republic of South Africa,
1996. (2)

2.3 Name one case mentioned in Part 1 of the Study Guide in which the Constitutional Court found a rule of indigenous
African law to be unconstitutional. (1) [4]

QUESTION 3

3.1 Which section of the Constitution of the Republic of South Africa, 1996 officially recognises the common law as a
source of South African law? Your answer must be specific and complete. (1)

3.2 Briefly explain what the South African common law consists of and how it has (been) developed over time. (4)
ANSWERS CONTINUE….
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,QUESTION 1

Explain why a lawyer has to consult various sources of law when trying to establish
what the existing South African law says about a legal question. Base your answer
on your understanding of the nature of the South African legal system.

[2]



QUESTION 2

2.1. Which section of the Constitution of the Republic of South Africa,1996 officially
recognises indigenous African law as a source of South African law? Your answer
must be specific and complete. (1)



2.2 Explain how the application of indigenous law is limited in terms of the
Constitution of the Republic of South Africa, 1996. (2)



2.3 Name one case mentioned in Part 1 of the Study Guide in which the
Constitutional Court found a rule of indigenous African law to be unconstitutional.
(1)

[4]



QUESTION 3

3.1 Which section of the Constitution of the Republic of South Africa, 1996 officially
recognises the common law as a source of South African law? Your answer must
be specific and complete. (1)

3.2 Briefly explain what the South African common law consists of and how it has
(been) developed over time. (4)

, 3.3 Which well-known sixth century codification of Roman law is still referred to by
the South African courts as part of our legal heritage? (1)

[6]



QUESTION 4



4.1 Explain in your own words why canon law is still consulted as a source of South
African law. (1)



4.2 In which circumstances will a South African jurist possibly consult canon law
sources? (1)



4.3 Give one example mentioned in Part 1 of the Study Guide of a legal principle
based on canon law that still forms part of South African law today. (1)



[3]




QUESTION 5

Is the Dutch civil code a source of law with regards to South African law? Motivate
your answer. (2)

[2]