INTRODUCTION TO PARALEGAL STUDIES ( PAR1501)
ASSESSMENT 2
Examination preparation
by
LINDANI
Submitted in partial fulfilment of the requirements for the higher certificate
HCLAW
In the
DEPARTMENT
OF_________JURISPUNDENCE____________
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: ____Adv. P Nxokweni ______ UNIQUE NUMBER: 320070
1
, QUESTION 1
Illustrate the importance of paralegals in South Africa with reference to the Constitution.
1.1 If we are to consider that a community in a rural area of South Africa is facing
eviction from their land by a powerful landowner who claims to have the legal right
to the property, the community members may dispute this claim and believe that
they have a legitimate right to the land, which they have occupied and cultivated
for generations. In this situation, the community members may not have the
resources or legal knowledge to effectively challenge the landowner in court. By
providing legal counsel to marginalized individuals, community-based paralegals
serve as advocates for the principles of legal egalitarianism, ensuring that all
members of society are entitled to equal access and protection under the law. For
this reason, paralegals serve an important function in promoting values embedded
in the constitution as highlighted in Section 9 of the constitution which provides for
the right to ' equality before the law and the right to equal protection and benefit of
the law’. 1
1.2 In the event that an individual has been arrested and detained by the police on
suspicion of committing a crime but he/she believes that they have been unlawfully
arrested and that their rights have been violated by the police, this is where a
paralegal could play a crucial role in supporting the individual's efforts to defend
their rights and obtain justice. The paralegal could provide legal advice to the
individual on their rights under Section 35 of the Constitution, which includes the
right to remain silent, the right to be informed of the charges against them, and the
right to legal representation.
1.3 Let’s say a child in a rural area of South Africa is not attending school and is
not receiving adequate nutrition or healthcare, despite the efforts of their parents or
caregivers. The child’s family may not have the resources or knowledge to
effectively advocate for the child’s rights, and the child may be at risk of further
harm or neglect.
In this situation, a paralegal could play a critical role in supporting the child’s rights
and well-being. The paralegal could provide legal advice to the child’s family on the
1
Constitution http://www.justice.gov.za/ [Accessed 3 April 2023].
2
ASSESSMENT 2
Examination preparation
by
LINDANI
Submitted in partial fulfilment of the requirements for the higher certificate
HCLAW
In the
DEPARTMENT
OF_________JURISPUNDENCE____________
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: ____Adv. P Nxokweni ______ UNIQUE NUMBER: 320070
1
, QUESTION 1
Illustrate the importance of paralegals in South Africa with reference to the Constitution.
1.1 If we are to consider that a community in a rural area of South Africa is facing
eviction from their land by a powerful landowner who claims to have the legal right
to the property, the community members may dispute this claim and believe that
they have a legitimate right to the land, which they have occupied and cultivated
for generations. In this situation, the community members may not have the
resources or legal knowledge to effectively challenge the landowner in court. By
providing legal counsel to marginalized individuals, community-based paralegals
serve as advocates for the principles of legal egalitarianism, ensuring that all
members of society are entitled to equal access and protection under the law. For
this reason, paralegals serve an important function in promoting values embedded
in the constitution as highlighted in Section 9 of the constitution which provides for
the right to ' equality before the law and the right to equal protection and benefit of
the law’. 1
1.2 In the event that an individual has been arrested and detained by the police on
suspicion of committing a crime but he/she believes that they have been unlawfully
arrested and that their rights have been violated by the police, this is where a
paralegal could play a crucial role in supporting the individual's efforts to defend
their rights and obtain justice. The paralegal could provide legal advice to the
individual on their rights under Section 35 of the Constitution, which includes the
right to remain silent, the right to be informed of the charges against them, and the
right to legal representation.
1.3 Let’s say a child in a rural area of South Africa is not attending school and is
not receiving adequate nutrition or healthcare, despite the efforts of their parents or
caregivers. The child’s family may not have the resources or knowledge to
effectively advocate for the child’s rights, and the child may be at risk of further
harm or neglect.
In this situation, a paralegal could play a critical role in supporting the child’s rights
and well-being. The paralegal could provide legal advice to the child’s family on the
1
Constitution http://www.justice.gov.za/ [Accessed 3 April 2023].
2
