HFL1501 Assignment 1 Semester 2 2024 | Due 21 August 2024

Description

HFL1501 Assignment 1 Semester 2 2024 | Due 21 August 2024. All questions were answered with references.

QUESTION 1

Answer the following questions regarding the nature of the South African legal system:

1.1 Name a specific system of law mentioned in the HFL1501 Study Guide that is unofficially applied by certain communities, but that is not officially recognised in South Africa.

1.2 Does South Africa have a hybrid legal system? Motivate your answer.

1.3 The universal component of the South African legal system has its origins in two different philosophies. Name these two philosophies discussed in the HFL1501 Study Guide.

QUESTION 2

2.1 The repugnancy clause limited the application of indigenous African law by providing that indigenous law would only apply insofar as it was not contrary to the Western notion of public policy and natural justice. Name one historical Act mentioned in the HFL1501 Study Guide that has contained the repugnancy clause. Please provide the full title, number and year of the Act.

2.2 Does the repugnancy clause still apply in South African law today? In your own words, motivate your answer in no more than 150 words. (3)

QUESTION 3
Consider what you have learned about the jurists of ancient Rome in the HFL1501 Study Guide, and briefly compare their functions to that of modern South African jurists by answering the following questions:

3.1. Name one way in which the functions and method of working of the jurists of ancient Rome differed from that of modern South African jurists. (1)

3.2 Name one way in which the functions and method of working of the jurists of ancient Rome were similar to that of modern South African jurists. (1)

QUESTION 4

In your own words, explain why it is possible to make an argument for the existence of a Southern African ius commune. Your answer should not be longer than 200 words.

QUESTION 5

5.1 In your own words, explain briefly how the natural-law theory of philosophers, such as Thomas Aquinas, who lived during the thirteenth century, differed from that of philosophers of the sixteenth and seventeenth centuries. Your answer should not be longer than 150 words.

5.2 Name the jurist of whom you have learned in the HFL1501 Study Guide who is considered to have been the father of modern natural law.

5.3 Name one of the works of the jurist mentioned in 5.2 above that you have learned about in the HFL1501 Study Guide.

QUESTION 6
Read the following description and extracts from the case of Van Jaarsveld v Bridges [2010] JOL 25558 (SCA) and then answer the questions that follow. This case is not discussed in the HFL1501 Study Guide. You do not have to find and/or read the judgment. You do not need to do research or any additional reading on this case or any legal principles applicable thereto. The questions below only test your knowledge and …………………………………………..