SCL1501
ASSIGNMENT 1
SEMESTER - 02
DUE DATE: 31 AUGUST
2024
"Elevate Your Excellence: Where Distinction Meets Assurance in Every Assignment!"
,QUESTION 1.
1. “This point therefore tells us that law is part of the political system and can never be separated
from politics and other issues that characterise our society in various ways.” (Study Guide p.7)
Now look out for the document, “Freedom Charter” and go through all the clauses. Thereafter skim
through the Preamble, Chapter 1 and Chapter 2 of the Constitution of South Africa and discuss the
connection between the two documents. (4)
Freedom Charter &The Constitution. (4 Marks)
a) Freedom Charter is a document where for the first time the people were actively involved in
the formulating of their vision of an alternative society. A politician or lawmaker is influenced
by the school of thought that says “South Africa belongs to all who live in it, Black and White”
(as in the Freedom Charter).Unlike a Pan Africanist who believes in the logical expression that
states that “Africa is for Africans”, the one who upholds the Freedom Charter view will
predictably be influenced to craft thusly “We, the people of South Africa, Recognize the
injustices of our past…Believe that South Africa belongs to all who live in it” (as in the
Preamble of the Constitution of South Africa). This example should tell you that law is not
neutral, as it always carries the values of those who have the power. Obviously, a Pan
Africanist would not craft such a piece. The above explains why the laws in the pre-1994
Apartheid South Africa, reflected the views and values of the powerful political elite at the
time, namely, White racists who believed that their race was superior to the Africans. Hence,
the Apartheid State would be constituted by apartheid laws (which excluded Blacks from
economic and social opportunities, and entrenched White privilege). See page 3 OF THE Study
Guide. Both documents begin with the words “We, the people”, a phrase that expresses the
will of the people. It is therefore, evident that the Freedom Charter is considered the founding
document of a free South Africa. It forms the basis for the bill of rights included at the
beginning of the country’s 1996 constitution many 30 years later.
, 2. Refer to Learning Unit 3 of the Study Guide and find the Sea Transport Document Act 65 of 2000.
Now do the following:
a) explain what is entailed in the Long Title of this Act (do not discuss/redraft the contents of the
Long Title). (2)
Sea Transport Documents Act 65 of 2000:
To regulate the position of certain documents certain documents relating to the carriage of
goods by sea; and to provide for incidental matters.
b) what is the preamble of an Act? (2)
The preamble of an Act is an introductory statement that outlines the reasons and intentions behind
the legislation. It provides the context and background, explaining why the Act was enacted and what
it aims to achieve. Although not legally binding, the preamble can be used as an interpretative tool to
understand the purpose of the Act.
c) Jane Doe, a first-year law student, is going through this Act. She comes across a term in the
Act the meaning of which she does not know. What is the first thing that she should do in
this instance? Give a reason for your answer. (3)
Answer: Jane Doe should first consult the definitions section of the Sea Transport Document Act 65
of 2000. This section typically provides precise meanings for key terms used throughout the
legislation. By referring to the definitions, Jane can gain a clear understanding of the unknown term
and its legal significance within the context of the Act.
Reason: Consulting the definitions section is crucial for accurate interpretation and application of the
law. The definitions provide a common language and understanding among legal professionals and
the public. By understanding the defined terms, Jane can more effectively analyze and interpret the
provisions of the Act.
ASSIGNMENT 1
SEMESTER - 02
DUE DATE: 31 AUGUST
2024
"Elevate Your Excellence: Where Distinction Meets Assurance in Every Assignment!"
,QUESTION 1.
1. “This point therefore tells us that law is part of the political system and can never be separated
from politics and other issues that characterise our society in various ways.” (Study Guide p.7)
Now look out for the document, “Freedom Charter” and go through all the clauses. Thereafter skim
through the Preamble, Chapter 1 and Chapter 2 of the Constitution of South Africa and discuss the
connection between the two documents. (4)
Freedom Charter &The Constitution. (4 Marks)
a) Freedom Charter is a document where for the first time the people were actively involved in
the formulating of their vision of an alternative society. A politician or lawmaker is influenced
by the school of thought that says “South Africa belongs to all who live in it, Black and White”
(as in the Freedom Charter).Unlike a Pan Africanist who believes in the logical expression that
states that “Africa is for Africans”, the one who upholds the Freedom Charter view will
predictably be influenced to craft thusly “We, the people of South Africa, Recognize the
injustices of our past…Believe that South Africa belongs to all who live in it” (as in the
Preamble of the Constitution of South Africa). This example should tell you that law is not
neutral, as it always carries the values of those who have the power. Obviously, a Pan
Africanist would not craft such a piece. The above explains why the laws in the pre-1994
Apartheid South Africa, reflected the views and values of the powerful political elite at the
time, namely, White racists who believed that their race was superior to the Africans. Hence,
the Apartheid State would be constituted by apartheid laws (which excluded Blacks from
economic and social opportunities, and entrenched White privilege). See page 3 OF THE Study
Guide. Both documents begin with the words “We, the people”, a phrase that expresses the
will of the people. It is therefore, evident that the Freedom Charter is considered the founding
document of a free South Africa. It forms the basis for the bill of rights included at the
beginning of the country’s 1996 constitution many 30 years later.
, 2. Refer to Learning Unit 3 of the Study Guide and find the Sea Transport Document Act 65 of 2000.
Now do the following:
a) explain what is entailed in the Long Title of this Act (do not discuss/redraft the contents of the
Long Title). (2)
Sea Transport Documents Act 65 of 2000:
To regulate the position of certain documents certain documents relating to the carriage of
goods by sea; and to provide for incidental matters.
b) what is the preamble of an Act? (2)
The preamble of an Act is an introductory statement that outlines the reasons and intentions behind
the legislation. It provides the context and background, explaining why the Act was enacted and what
it aims to achieve. Although not legally binding, the preamble can be used as an interpretative tool to
understand the purpose of the Act.
c) Jane Doe, a first-year law student, is going through this Act. She comes across a term in the
Act the meaning of which she does not know. What is the first thing that she should do in
this instance? Give a reason for your answer. (3)
Answer: Jane Doe should first consult the definitions section of the Sea Transport Document Act 65
of 2000. This section typically provides precise meanings for key terms used throughout the
legislation. By referring to the definitions, Jane can gain a clear understanding of the unknown term
and its legal significance within the context of the Act.
Reason: Consulting the definitions section is crucial for accurate interpretation and application of the
law. The definitions provide a common language and understanding among legal professionals and
the public. By understanding the defined terms, Jane can more effectively analyze and interpret the
provisions of the Act.
