LJU4801
ASSIGNMENT 2 (SEMESTER 2)
DUE DATE: 3 September 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than 3 September 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
With reference to the judgment in Prince v President of the Law Society of the Cape of Good Hope 2002 (2)
SA 794, discuss the philosophical approaches the majority and minority decisions followed. Mary Joe Frug
argues that the law “encodes” the female body with meaning. Briefly discuss how the law mandates the
sexualisation of the female body. Your answer should not exceed 250 words.
ANSWER:
Philosophical Approaches in Prince v President of the Law Society of the Cape of Good Hope 2002
(2) SA 794
In the case of Prince v President of the Law Society of the Cape of Good Hope, the Constitutional
Court of South Africa was tasked with determining whether the prohibition of the use of cannabis
by members of the Rastafari religion was a violation of their constitutional rights to freedom of
religion.
Majority Decision
The majority decision, led by Justice Chaskalson, adopted a legal positivist approach. Legal
positivism holds that the validity of law is not dependent on its moral content but rather on its
ASSIGNMENT 2 (SEMESTER 2)
DUE DATE: 3 September 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than 3 September 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
With reference to the judgment in Prince v President of the Law Society of the Cape of Good Hope 2002 (2)
SA 794, discuss the philosophical approaches the majority and minority decisions followed. Mary Joe Frug
argues that the law “encodes” the female body with meaning. Briefly discuss how the law mandates the
sexualisation of the female body. Your answer should not exceed 250 words.
ANSWER:
Philosophical Approaches in Prince v President of the Law Society of the Cape of Good Hope 2002
(2) SA 794
In the case of Prince v President of the Law Society of the Cape of Good Hope, the Constitutional
Court of South Africa was tasked with determining whether the prohibition of the use of cannabis
by members of the Rastafari religion was a violation of their constitutional rights to freedom of
religion.
Majority Decision
The majority decision, led by Justice Chaskalson, adopted a legal positivist approach. Legal
positivism holds that the validity of law is not dependent on its moral content but rather on its
