PVL3704 ASSIGNMENT1[COMPLETE
ANSWERS] SEMESTER 2 2024
1. What are the primary sources of law in South Africa?
Answer: The primary sources of law in South Africa include:
○ The Constitution: The supreme law of the land, providing the framework for the
legal system and the protection of rights.
○ Legislation: Laws enacted by Parliament, including statutes and acts.
○ Common Law: Judge-made law that evolves from court decisions and legal
precedents.
○ Customary Law: Traditional practices that are recognized as legally binding
within certain communities.
○ International Law: Treaties and agreements that South Africa has ratified.
2. Explain the difference between civil law and criminal law.
Answer:
○ Civil Law: Deals with disputes between individuals or organizations, where the
plaintiff seeks remedies or compensation for harm caused by the defendant’s
actions. Examples include contract disputes, property issues, and family law
matters.
○ Criminal Law: Concerns offenses against the state or society as a whole. The
state prosecutes individuals or entities accused of committing crimes, and
penalties may include fines, imprisonment, or other forms of punishment.
Examples include theft, assault, and murder.
3. What is the role of the judiciary in South Africa?
Answer: The judiciary in South Africa is responsible for interpreting and applying the
law. Its roles include:
○ Adjudicating disputes: Resolving legal disputes between parties in both civil
and criminal cases.
○ Interpreting laws: Providing interpretations of statutes and the Constitution.
○ Ensuring justice: Upholding the rule of law and protecting individuals' rights and
freedoms.
○ Judicial Review: Assessing the constitutionality of legislation and executive
actions.
4. Describe the process of bringing a case to court in South Africa.
Answer: The process generally involves:
○ Filing a Complaint: The plaintiff files a summons and complaint with the court,
outlining the claims and relief sought.
○ Serving Papers: The defendant is served with the legal papers and given an
opportunity to respond.
ANSWERS] SEMESTER 2 2024
1. What are the primary sources of law in South Africa?
Answer: The primary sources of law in South Africa include:
○ The Constitution: The supreme law of the land, providing the framework for the
legal system and the protection of rights.
○ Legislation: Laws enacted by Parliament, including statutes and acts.
○ Common Law: Judge-made law that evolves from court decisions and legal
precedents.
○ Customary Law: Traditional practices that are recognized as legally binding
within certain communities.
○ International Law: Treaties and agreements that South Africa has ratified.
2. Explain the difference between civil law and criminal law.
Answer:
○ Civil Law: Deals with disputes between individuals or organizations, where the
plaintiff seeks remedies or compensation for harm caused by the defendant’s
actions. Examples include contract disputes, property issues, and family law
matters.
○ Criminal Law: Concerns offenses against the state or society as a whole. The
state prosecutes individuals or entities accused of committing crimes, and
penalties may include fines, imprisonment, or other forms of punishment.
Examples include theft, assault, and murder.
3. What is the role of the judiciary in South Africa?
Answer: The judiciary in South Africa is responsible for interpreting and applying the
law. Its roles include:
○ Adjudicating disputes: Resolving legal disputes between parties in both civil
and criminal cases.
○ Interpreting laws: Providing interpretations of statutes and the Constitution.
○ Ensuring justice: Upholding the rule of law and protecting individuals' rights and
freedoms.
○ Judicial Review: Assessing the constitutionality of legislation and executive
actions.
4. Describe the process of bringing a case to court in South Africa.
Answer: The process generally involves:
○ Filing a Complaint: The plaintiff files a summons and complaint with the court,
outlining the claims and relief sought.
○ Serving Papers: The defendant is served with the legal papers and given an
opportunity to respond.
