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IRM1501 PORTFOLIO(DETAILED ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED

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IRM1501 PORTFOLIO (DETAILED ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references ,... . If we cannot open the document, you will receive zero. 21. Do not take pictures of your hand-written or printed pages with your smart phone and then use an app to convert these photos into a pdf document. The quality of these photos may interfere with the marking of the document. If the marker cannot read the information contained on the page, it cannot be marked. All queries regarding problems with online submissions of portfolios MUST BE DIRECTED TO: ; or . Unfortunately, your lecturers CANNOT assist you with technical or administrative challenges. PORTFPOLIO EXAM QUESTIONS QUESTION 1 Discuss the relevant aspects of the case of Social Justice Coalition and Others v Minister of Police and Others (CCT 121/21) [2022] ZACC 27; 2022 (10) BCLR 1267 (CC) (19 July 2022), which is available under ‘Additional resources’. (15 marks) QUESTION 2 With reference to case law and academic literature, explain the concepts of ubuntu and social justice. Your answer should refer to the relevant sources, and your referencing style should be consistent with the OSCOLA style guidelines. Discuss the fundamental ethical considerations or principles that are critical for establishing ethical and credible research. (15 marks) 6 QUESTION 3 Describe qualitative and quantitative research methodologies and show the differences by highlighting the nature of the data collected. (10 marks) QUESTION 4 Find the case of Edward Nathan Sonnenberg Inc v Judith Mary Hawarden (421/2023) [2024] ZASCA 90; 2024 (5) SA 9 (SCA) (10 June 2024), which is available under ‘Additional resources’. Discuss the three principles that are critical to understanding social justice. 1. the facts of this case 2. the legal question 3. the decision of the court Your essay must include footnotes in the prescribed format and referencing style, as well as a bibliography. You must consult and use at least one book, one journal article, one Act of Parliament or legislation and one court case in preparing for your essay. 5 receive . If we cannot open the document, you will receive zero. 21. Do not take pictures of your hand-written or printed pages with your smart phone and then use an app to convert these photos into a pdf document. The quality of these photos may interfere with the marking of the document. If the marker cannot read the information contained on the page, it cannot be marked. All queries regarding problems with online submissions of portfolios MUST BE DIRECTED TO: ; or . Unfortunately, your lecturers CANNOT assist you with technical or administrative challenges. PORTFPOLIO EXAM QUESTIONS QUESTION 1 Discuss the relevant aspects of the case of Social Justice Coalition and Others v Minister of Police and Others (CCT 121/21) [2022] ZACC 27; 2022 (10) BCLR 1267 (CC) (19 July 2022), which is available under ‘Additional resources’. (15 marks) QUESTION 2 With reference to case law and academic literature, explain the concepts of ubuntu and social justice. Your answer should refer to the relevant sources, and your referencing style should be consistent with the OSCOLA style guidelines. (15 marks) 6 QUESTION 3 Describe qualitative and quantitative research methodologies and show the differences by highlighting the nature of the data collected. (10 marks) QUESTION 4 Find the case of Edward Nathan Sonnenberg Inc v Judith Mary Hawarden (421/2023) [2024] ZASCA 90; 2024 (5) SA 9 (SCA) (10 June 2024), which is available under ‘Additional resources’. Write an essay about this case, covering the following aspects: 1. the facts of this case 2. the legal question 3. the decision of the court Your essay must include footnotes in the prescribed format and referencing style, as well as a bibliography. You must consult and use at least one book, one journal article, one Act of Parliament or legislation and one court case in preparing for your essay. QUESTION 1 Discuss empirical research and its components and provide examples where necessary. (15 marks) QUESTION 2 Find the case of Makate v Vodacom (Pty) Ltd (CCT52/15) [2016] ZACC 13; 2016 (6) BCLR 709 (CC); 2016 (4) SA 121 (CC) (26 April 2016) and discuss this case in the prescribed format [the facts of the case; legal question; ratio decidendi, or reasons for the decision; and finding(s)]. (15 marks) Document-based research is the preferred methodology in the legal field. What are the important aspects of document-based research methodology QUESTION 3 Discuss the case of Jafta v Ezemvelo KZN Wildlife (D204/07) [2008] ZALC 84; [2008] 10 BLLR 954 (LC); (2009) 30 ILJ 131 (LC) (1 July 2008). (10 marks) Conduct research on the constitutional right of access to healthcare services in South Africa and write an essay on the topic. In your answer, refer to relevant case law. When you refer to relevant case law, highlight the following aspects: 1. the facts of the case; 2. the legal question; 3. the court’s decision. Further, your essay must include footnotes as per the OSCOLA referencing style, as well as a bibliography. You must consult and use at least one book, one journal article, one Act of Parliament or other legislation and one court case in preparing your essay. QUESTION 4 Find the case of Potgieter v National Commissioner of the South African Police Services and Another (JS 700/05) [2008] ZALC 133; [2009] 2 BLLR 144 (LC); (2009) 30 ILJ 1322 (LC) (10 October 2008). Write an essay about this case covering the following: 1. the facts of this case 2. the legal question 3. the decision of the court Your essay must include footnotes in the prescribed format and referencing style, and a bibliography. You must consult and use at least one book; one journal article; one Act of Parliament, or legislation; and one court case in preparing for your essay. Everfresh Market Virginia (Pty) Ltd v Shoprite Checkers (Pty) Ltd 2012 (1) SA 256 (CC) is an example of a case where the Constitutional Court applied the principles of transformative constitutionalism. Discuss this case in the prescribed format (facts, legal question, reasons for the decision or ratio decidendi and the court’s findings). If we cannot open the document, you will receive zero. 21. Do not take pictures of your hand-written or printed pages with your smart phone and then use an app to convert these photos into a pdf document. The quality of these photos may interfere with the marking of the document. If the marker cannot read the information contained on the page, it cannot be marked. All queries regarding problems with online submissions of portfolios MUST BE DIRECTED TO: ; or . Unfortunately, your lecturers CANNOT assist you with technical or administrative challenges. PORTFPOLIO EXAM QUESTIONS QUESTION 1 Discuss the relevant aspects of the case of Social Justice Coalition and Others v Minister of Police and Others (CCT 121/21) [2022] ZACC 27; 2022 (10) BCLR 1267 (CC) (19 July 2022), which is available under ‘Additional resources’. (15 marks) QUESTION 2 With reference to case law and academic literature, explain the concepts of ubuntu and social justice. Your answer should refer to the relevant sources, and your referencing style should be consistent with the OSCOLA style guidelines. Discuss the fundamental ethical considerations or principles that are critical for establishing ethical and credible research. (15 marks) 6 QUESTION 3 Describe qualitative and quantitative research methodologies and show the differences by highlighting the nature of the data collected. (10 marks) QUESTION 4 Find the case of Edward Nathan Sonnenberg Inc v Judith Mary Hawarden (421/2023) [2024] ZASCA 90; 2024 (5) SA 9 (SCA) (10 June 2024), which is available under ‘Additional resources’. Discuss the three principles that are critical to understanding social justice. 1. the facts of this case 2. the legal question 3. the decision of the court Your essay must include footnotes in the prescribed format and referencing style, as well as a bibliography. You must consult and use at least one book, one journal article, one Act of Parliament or legislation and one court case in preparing for your essay. 5 receive . If we cannot open the document, you will receive zero. 21. Do not take pictures of your hand-written or printed pages with your smart phone and then use an app to convert these photos into a pdf document. The quality of these photos may interfere with the marking of the document. If the marker cannot read the information contained on the page, it cannot be marked. All queries regarding problems with online submissions of portfolios MUST BE DIRECTED TO: ; or . Unfortunately, your lecturers CANNOT assist you with technical or administrative challenges. PORTFPOLIO EXAM QUESTIONS QUESTION 1 Discuss the relevant aspects of the case of Social Justice Coalition and Others v Minister of Police and Others (CCT 121/21) [2022] ZACC 27; 2022 (10) BCLR 1267 (CC) (19 July 2022), which is available under ‘Additional resources’. (15 marks) QUESTION 2 With reference to case law and academic literature, explain the concepts of ubuntu and social justice. Your answer should refer to the relevant sources, and your referencing style should be consistent with the OSCOLA style guidelines. (15 marks) 6 QUESTION 3 Describe qualitative and quantitative research methodologies and show the differences by highlighting the nature of the data collected. (10 marks) QUESTION 4 Find the case of Edward Nathan Sonnenberg Inc v Judith Mary Hawarden (421/2023) [2024] ZASCA 90; 2024 (5) SA 9 (SCA) (10 June 2024), which is available under ‘Additional resources’. Write an essay about this case, covering the following aspects: 1. the facts of this case 2. the legal question 3. the decision of the court Your essay must include footnotes in the prescribed format and referencing style, as well as a bibliography. You must consult and use at least one book, one journal article, one Act of Parliament or legislation and one court case in preparing for your essay. QUESTION 1 Discuss empirical research and its components and provide examples where necessary. (15 marks) QUESTION 2 Find the case of Makate v Vodacom (Pty) Ltd (CCT52/15) [2016] ZACC 13; 2016 (6) BCLR 709 (CC); 2016 (4) SA 121 (CC) (26 April 2016) and discuss this case in the prescribed format [the facts of the case; legal question; ratio decidendi, or reasons for the decision; and finding(s)]. (15 marks) Document-based research is the preferred methodology in the legal field. What are the important aspects of document-based research methodology QUESTION 3 Discuss the case of Jafta v Ezemvelo KZN Wildlife (D204/07) [2008] ZALC 84; [2008] 10 BLLR 954 (LC); (2009) 30 ILJ 131 (LC) (1 July 2008). (10 marks) Conduct research on the constitutional right of access to healthcare services in South Africa and write an essay on the topic. In your answer, refer to relevant case law. When you refer to relevant case law, highlight the following aspects: 1. the facts of the case; 2. the legal question; 3. the court’s decision. Further, your essay must include footnotes as per the OSCOLA referencing style, as well as a bibliography. You must consult and use at least one book, one journal article, one Act of Parliament or other legislation and one court case in preparing your essay. QUESTION 4 Find the case of Potgieter v National Commissioner of the South African Police Services and Another (JS 700/05) [2008] ZALC 133; [2009] 2 BLLR 144 (LC); (2009) 30 ILJ 1322 (LC) (10 October 2008). Write an essay about this case covering the following: 1. the facts of this case 2. the legal question 3. the decision of the court Your essay must include footnotes in the prescribed format and referencing style, and a bibliography. You must consult and use at least one book; one journal article; one Act of Parliament, or legislation; and one court case in preparing for your essay. Everfresh Market Virginia (Pty) Ltd v Shoprite Checkers (Pty) Ltd 2012 (1) SA 256 (CC) is an example of a case where the Constitutional Court applied the principles of transformative constitutionalism. Discuss this case in the prescribed format (facts, legal question, reasons for the decision or ratio decidendi and the court’s findings). If we cannot open the document, you will receive zero. 21. Do not take pictures of your hand-written or printed pages with your smart phone and then use an app to convert these photos into a pdf document. The quality of these photos may interfere with the marking of the document. If the marker cannot read the information contained on the page, it cannot be marked. All queries regarding problems with online submissions of portfolios MUST BE DIRECTED TO: ; or . Unfortunately, your lecturers CANNOT assist you with technical or administrative challenges. PORTFPOLIO EXAM QUESTIONS QUESTION 1 Discuss the relevant aspects of the case of Social Justice Coalition and Others v Minister of Police and Others (CCT 121/21) [2022] ZACC 27; 2022 (10) BCLR 1267 (CC) (19 July 2022), which is available under ‘Additional resources’. (15 marks) QUESTION 2 With reference to case law and academic literature, explain the concepts of ubuntu and social justice. Your answer should refer to the relevant sources, and your referencing style should be consistent with the OSCOLA style guidelines. Discuss the fundamental ethical considerations or principles that are critical for establishing ethical and credible research. (15 marks) 6 QUESTION 3 Describe qualitative and quantitative research methodologies and show the differences by highlighting the nature of the data collected. (10 marks) QUESTION 4 Find the case of Edward Nathan Sonnenberg Inc v Judith Mary Hawarden (421/2023) [2024] ZASCA 90; 2024 (5) SA 9 (SCA) (10 June 2024), which is available under ‘Additional resources’. Discuss the three principles that are critical to understanding social justice. 1. the facts of this case 2. the legal question 3. the decision of the court Your essay must include footnotes in the prescribed format and referencing style, as well as a bibliography. You must consult and use at least one book, one journal article, one Act of Parliament or legislation and one court case in preparing for your essay. 5 receive . If we cannot open the document, you will receive zero. 21. Do not take pictures of your hand-written or printed pages with your smart phone and then use an app to convert these photos into a pdf document. The quality of these photos may interfere with the marking of the document. If the marker cannot read the information contained on the page, it cannot be marked. All queries regarding problems with online submissions of portfolios MUST BE DIRECTED TO: ; or . Unfortunately, your lecturers CANNOT assist you with technical or administrative challenges. PORTFPOLIO EXAM QUESTIONS QUESTION 1 Discuss the relevant aspects of the case of Social Justice Coalition and Others v Minister of Police and Others (CCT 121/21) [2022] ZACC 27; 2022 (10) BCLR 1267 (CC) (19 July 2022), which is available under ‘Additional resources’. (15 marks) QUESTION 2 With reference to case law and academic literature, explain the concepts of ubuntu and social justice. Your answer should refer to the relevant sources, and your referencing style should be consistent with the OSCOLA style guidelines. (15 marks) 6 QUESTION 3 Describe qualitative and quantitative research methodologies and show the differences by highlighting the nature of the data collected. (10 marks) QUESTION 4 Find the case of Edward Nathan Sonnenberg Inc v Judith Mary Hawarden (421/2023) [2024] ZASCA 90; 2024 (5) SA 9 (SCA) (10 June 2024), which is available under ‘Additional resources’. Write an essay about this case, covering the following aspects: 1. the facts of this case 2. the legal question 3. the decision of the court Your essay must include footnotes in the prescribed format and referencing style, as well as a bibliography. You must consult and use at least one book, one journal article, one Act of Parliament or legislation and one court case in preparing for your essay. QUESTION 1 Discuss empirical research and its components and provide examples where necessary. (15 marks) QUESTION 2 Find the case of Makate v Vodacom (Pty) Ltd (CCT52/15) [2016] ZACC 13; 2016 (6) BCLR 709 (CC); 2016 (4) SA 121 (CC) (26 April 2016) and discuss this case in the prescribed format [the facts of the case; legal question; ratio decidendi, or reasons for the decision; and finding(s)]. (15 marks) Document-based research is the preferred methodology in the legal field. What are the important aspects of document-based research methodology QUESTION 3 Discuss the case of Jafta v Ezemvelo KZN Wildlife (D204/07) [2008] ZALC 84; [2008] 10 BLLR 954 (LC); (2009) 30 ILJ 131 (LC) (1 July 2008). (10 marks) Conduct research on the constitutional right of access to healthcare services in South Africa and write an essay on the topic. In your answer, refer to relevant case law. When you refer to relevant case law, highlight the following aspects: 1. the facts of the case; 2. the legal question; 3. the court’s decision. Further, your essay must include footnotes as per the OSCOLA referencing style, as well as a bibliography. You must consult and use at least one book, one journal article, one Act of Parliament or other legislation and one court case in preparing your essay. QUESTION 4 Find the case of Potgieter v National Commissioner of the South African Police Services and Another (JS 700/05) [2008] ZALC 133; [2009] 2 BLLR 144 (LC); (2009) 30 ILJ 1322 (LC) (10 October 2008). Write an essay about this case covering the following: 1. the facts of this case 2. the legal question 3. the decision of the court Your essay must include footnotes in the prescribed format and referencing style, and a bibliography. You must consult and use at least one book; one journal article; one Act of Parliament, or legislation; and one court case in preparing for your essay. Everfresh Market Virginia (Pty) Ltd v Shoprite Checkers (Pty) Ltd 2012 (1) SA 256 (CC) is an example of a case where the Constitutional Court applied the principles of transformative constitutionalism. Discuss this case in the prescribed format (facts, legal question, reasons for the decision or ratio decidendi and the court’s findings).

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IRM1501
PORTFOLIO Semester 2 2025
Unique #

Due Date: 7 October 2025

Detailed solutions, explanations, workings
and references.

+27 81 278 3372

, QUESTION 1

EVERFRESH MARKET VIRGINIA (PTY) LTD V SHOPRITE CHECKERS (PTY)
LTD 2012 (1) SA 256 (CC)

Facts

Everfresh Market Virginia (Pty) Ltd leased premises in the Virginia Shopping Centre
from Shoprite Checkers (Pty) Ltd. The lease, valid from April 2004 to March 2009,
contained a renewal clause requiring both parties to agree on rental for the extended
term. Everfresh gave notice to renew, suggesting a new rental, but Shoprite refused,
arguing the clause was unenforceable. Everfresh stayed on after the lease expired,
and Shoprite sought eviction. Both the High Court and the Supreme Court of Appeal
held that the clause created no enforceable duty to negotiate. Everfresh then
approached the Constitutional Court, raising constitutional values for the first time.1




Legal Question

The central issue was whether clause 3 of the lease imposed a legal obligation on
the parties to negotiate renewal terms in good faith, and if not, whether the common
law of contract should be developed in line with section 39(2) of the Constitution to
require such negotiation.2




Reasons for the Decision / Ratio Decidendi

The Constitutional Court, in a majority led by Yacoob J, held that courts must
consider whether the common law needs development to align with constitutional
values, including good faith and ubuntu in contracts. Section 39(2) requires the law
of contract to promote the spirit and purport of the Bill of Rights.3 The High Court‟s
failure to assess whether common law should evolve to enforce bona fide



1
Everfresh Market Virginia (Pty) Ltd v Shoprite Checkers (Pty) Ltd 2012 (1) SA 256 (CC) [3]–[8].
2
Everfresh (n 1) [5].
3
Everfresh (n 1) [23].


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