LJU4801
EXAM PACK
,UNIVERSITY EXAMINATIONS
May/June 2025
LJU4801
LEGAL PHILOSOPHY
First examiner: Adv RB Mokomane
Second examiner: Ms PAN Nyawo
This paper consists of 4 pages.
The paper counts 100 marks.
The portfolio runs from 17 – 22 May 2025.
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY
BEFORE ANSWERING THE EXAMINATION QUESTIONS.
, 1. This portfolio must be submitted before 20:00 on 22 May 2025. Students have to submit this
portfolio via myUnisa, therefore no e-mailed or faxed portfolios may be accepted. No
extensions will be granted. It is the responsibility of the student to ensure that the file
submitted is not corrupted and can be opened for marking.
2. You must submit this portfolio as Assessment 3 via myUnisa. When you receive the
portfolio, check whether your submission is open / available and let your lecturers know
immediately if your submission portal is not open.
3. The Declaration of Academic Honesty must be signed and included in the submission of
the portfolio examination.
4. Proper footnote referencing must be used. This entails that every argument or idea taken
from another source, or any piece of information utilised from another source, needs to be
provided with a separate footnote reference.
5. Long quotes from sources are not allowed. Students must summarise or paraphrase
arguments and ideas from sources in their own words. Short quotes must be provided with
quotation marks and with a corresponding footnote.
6. When answering questions, students are expected to make use of the study guide as well as
any other relevant source to answer the question. The study guide must be referenced like
any other source. These footnotes must adhere to the prescribed
referencing style of the School of Law. In this regard, please read Tutorial Letter 301, which is
available under Official Study Material on myModules (myUnisa). Remember that a Unisa study
guide is referenced in the same way as a book. Please include references in your portfolio, even
when you are only referring to the study material and the Constitution.
7. Use proper language and grammar and make use of full sentences. You must not write using
bullets and numbering. Rather provide a narrative consisting of a coherent, logical, and consistent
argument.
Question 1
Read the following article and then answer the questions below:
In the newspaper article written by Nico De Jager titled “Pride is a Heavy Price to Pay”, 1 the
author talks about discrimination on the basis of sexual orientation. According to this article:
“At least 20 LGBTQIA+ [lesbian, gay, bisexual, transgender, queer, intersex, asexual plus]
individuals were brutally killed across South Africa between February and October [2021]
when the country witnessed an increase in the number of attacks against lesbians, gays and
, transgender people. Many of the victims were beaten or stabbed to death. Evidently, these
victims were targeted because of their sexual orientation and gender identity.”
The article further indicates that:
“As a society firmly entrenched in patriarchy and misogyny, many South Africans still
perceive LGBTQIA+ individuals as inherently immoral and/or “un-African” and therefore
pay little attention to the violence that they endure daily. This is indicative of the work that
needs to be done in changing societal attitudes in our communities.”
1.1 Despite the rights of LGBTQIA+ having constitutional and legislative protection, members
of this community are still victimised in South Africa, with some critics (as noted above)
viewing homosexuality as immoral. One of the consistent debates in legal philosophy has
been the relationship between law and morality. Discuss how legal positivists and
natural-law philosophers view this relationship.
(20)
1.1 The Relationship Between Law and Morality: Legal
Positivism and Natural Law Perspectives
(20 marks)
Introduction
The issue of discrimination against the LGBTQIA+ community in
South Africa, despite the constitutional protection of their rights,
highlights a deeper philosophical question about the relationship
between law and morality. While the law guarantees equality and
prohibits discrimination under the Constitution of the Republic of
South Africa, 1996, moral beliefs within society—often shaped by
religion, culture, and patriarchy—continue to perpetuate intolerance
and violence. The debate between legal positivism and natural law
theory offers contrasting perspectives on whether and how law
should be connected to morality.
1. Legal Positivism: The Separation of Law and Morality
EXAM PACK
,UNIVERSITY EXAMINATIONS
May/June 2025
LJU4801
LEGAL PHILOSOPHY
First examiner: Adv RB Mokomane
Second examiner: Ms PAN Nyawo
This paper consists of 4 pages.
The paper counts 100 marks.
The portfolio runs from 17 – 22 May 2025.
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY
BEFORE ANSWERING THE EXAMINATION QUESTIONS.
, 1. This portfolio must be submitted before 20:00 on 22 May 2025. Students have to submit this
portfolio via myUnisa, therefore no e-mailed or faxed portfolios may be accepted. No
extensions will be granted. It is the responsibility of the student to ensure that the file
submitted is not corrupted and can be opened for marking.
2. You must submit this portfolio as Assessment 3 via myUnisa. When you receive the
portfolio, check whether your submission is open / available and let your lecturers know
immediately if your submission portal is not open.
3. The Declaration of Academic Honesty must be signed and included in the submission of
the portfolio examination.
4. Proper footnote referencing must be used. This entails that every argument or idea taken
from another source, or any piece of information utilised from another source, needs to be
provided with a separate footnote reference.
5. Long quotes from sources are not allowed. Students must summarise or paraphrase
arguments and ideas from sources in their own words. Short quotes must be provided with
quotation marks and with a corresponding footnote.
6. When answering questions, students are expected to make use of the study guide as well as
any other relevant source to answer the question. The study guide must be referenced like
any other source. These footnotes must adhere to the prescribed
referencing style of the School of Law. In this regard, please read Tutorial Letter 301, which is
available under Official Study Material on myModules (myUnisa). Remember that a Unisa study
guide is referenced in the same way as a book. Please include references in your portfolio, even
when you are only referring to the study material and the Constitution.
7. Use proper language and grammar and make use of full sentences. You must not write using
bullets and numbering. Rather provide a narrative consisting of a coherent, logical, and consistent
argument.
Question 1
Read the following article and then answer the questions below:
In the newspaper article written by Nico De Jager titled “Pride is a Heavy Price to Pay”, 1 the
author talks about discrimination on the basis of sexual orientation. According to this article:
“At least 20 LGBTQIA+ [lesbian, gay, bisexual, transgender, queer, intersex, asexual plus]
individuals were brutally killed across South Africa between February and October [2021]
when the country witnessed an increase in the number of attacks against lesbians, gays and
, transgender people. Many of the victims were beaten or stabbed to death. Evidently, these
victims were targeted because of their sexual orientation and gender identity.”
The article further indicates that:
“As a society firmly entrenched in patriarchy and misogyny, many South Africans still
perceive LGBTQIA+ individuals as inherently immoral and/or “un-African” and therefore
pay little attention to the violence that they endure daily. This is indicative of the work that
needs to be done in changing societal attitudes in our communities.”
1.1 Despite the rights of LGBTQIA+ having constitutional and legislative protection, members
of this community are still victimised in South Africa, with some critics (as noted above)
viewing homosexuality as immoral. One of the consistent debates in legal philosophy has
been the relationship between law and morality. Discuss how legal positivists and
natural-law philosophers view this relationship.
(20)
1.1 The Relationship Between Law and Morality: Legal
Positivism and Natural Law Perspectives
(20 marks)
Introduction
The issue of discrimination against the LGBTQIA+ community in
South Africa, despite the constitutional protection of their rights,
highlights a deeper philosophical question about the relationship
between law and morality. While the law guarantees equality and
prohibits discrimination under the Constitution of the Republic of
South Africa, 1996, moral beliefs within society—often shaped by
religion, culture, and patriarchy—continue to perpetuate intolerance
and violence. The debate between legal positivism and natural law
theory offers contrasting perspectives on whether and how law
should be connected to morality.
1. Legal Positivism: The Separation of Law and Morality
