Assignment Task:
Task:
Instructions:
Assignment should not exceed 6 pages (this includes the title page and bibliography).
The assignments consists of three parts, make sure you answer all the questions.
You must make use of literary sources as well as legislation and relevant case law to support your answers.
Your assignment must include a front page and bibliography.
Use the NWU Referencing Guide 2018 (available on eFundi – Study Unit 1).
Make sure that you use the correct:
font type and number (for main text, long quotes, bibliography and footnotes etc.)
line spacing
margins
referencing style (footnotes)
page numbering
This is an individual assignment, therefore, you must work on your own. Attached is a pdf document on plagiarism for your reference.
You have been given some reading material to get you started. You must do further research (i.e. other cases, journals, policies etc) to complete your assignment.Your work will go through Turn-It-In (similarity check software).
This assignment counts 20% of your final module mark.
Due date: 25 June 2021 at 18:00 (6pm)
PART A: CASE LAW[20]
QUESTION 1: MEC for Education, KZN, and Others v Pillay 2008 1 SA 474 (CC). Read the case we provided you with and answer the following questions: (12)
1.1.1Who are the parties to the case? (1)
1.1.2Who was/were the presiding officers? (1)
1.1.3Who were the parties’ legal representatives? (1)
1.1.4Name and identify the different components of the case citation, the parties are to be excluded. (2½) (½ each)
1.2 Critically analyse your case with regard to the following aspects:
1.2.1What was the issue or issues before the court? (2½)
1.2.2What was the decision of the court? (2)
1.2.3What was the reason for the decision of the court? (2)
QUESTION 2: In this question you have to do the research yourself. Utilize the University’s electronic library to search for the court cases. (8)
2.1Find and read: National Coalition for Gay and Lesbian Equality v Minister of Justice 1999 1 SA 6 (CC). Answer the following questions: (4)
2.1.1Identify the issue or issues before the court. (2)
2.1.2Identify the constitutional rights that was at issue in the case. Look for these rights in the Constitution of the Republic of South Africa, 1996. List the sections where these rights are found. Marks will only be awarded if all the constitutional rights are identified. (2)
2.2Find and read: Mineral Sands Resources (Pty) Ltd v Reddell 2021 JDR 0209 (WCC). Answer the following questions: (4)
2.2.1What right does section 16 of the Constitution of the Republic of South Africa, 1999 protect? (1)
2.2.2In the judgment the court refers to SLAPPs. Define SLAPPs in one sentence. (1)
2.2.3What is the result of SLAPPs? (Answer in one sentence) (1)
2.2.4Fill in the missing words: It is trite that the legal process is _______ when it is used for a ________ other than that for what it has been intended or designed for. (2)
PART B: LEGISLATION[20]
QUESTION 3:(9)
Read chapter 12 of the prescribed Humby textbook (2012) answer the following questions:
3.1 Why is it generally not advisable to use legislation retrieved from the internet? (1)
3.2 Name and give examples of three ways one can locate Acts of Parliaments (statutes). (6)
3.3 Why is it recommended that it is necessary to find legislation (statutes) by using Juta and LexisNexis? (2)
QUESTION 4: (11)
Research skills are important for law students in order to find relevant legal materials, including legislation. Using research skills that you have acquired, find Refugees Act 130 of 1998 and answer the questions that appear below.
4.1 Which date was this Act assented to? (1)
4.2 What is the date of commencement? (1)
4.3 Was this Act amended? If so, how many times was this Act amended? (1)
4.4 What is the long title of Refugees Act 130 of 1998? (1)
4.5 What is the definition of “social group” according to Refugees Act 130 of 1998? (1)
4.6 What does section 5 (1) (e) of the Refugees Act 130 of 1998 provide? (1)
4.7 What is the specific section that deals with application for asylum? (1)
4.8 What is the specific section that deals with detention of asylum? (1)
4.9 Describe the obligation of refugees in terms of Refugees Act 130 of 1998? (2)
PART C: LEGAL JOURNAL ARTICLES[20]
QUESTION 5:
Read chapter 12 of the prescribed Humby textbook (2012); the attached two journal articles and answer the following questions:
There are those that believe that South African law was adversely influenced by positivists legal theory during the apartheid era. That this acceptance lead South African courts to be less inclined to interpret the law in a manner that would have promoted justice.
5.1Provide a full citation for each article:(12)
5.2On page 230 of Forsyth & Schiller’s article, would you say that they support or critique (criticize) John Dugard’s article and why?(2)
5.3The following author speaking on judicial process states the following:
‘‘… the rigid distinction between law and morality leads to a rejection of legal values – as opposed to positive legal rules – which results in the repudiation of policy considerations in the judicial process. On several occasions in recent years our courts have indicated that they ‘will not sit in judgment on matters of policy’ while in off-the-bench statements several judges have stressed their intention of ‘giving politics a wide berth as their work permits’.”
Give the full citation of this quote and the correct page number.(2)
5.4Name two journals one from the Juta and one from the LexisNexis website. (2)
5.5Are legal journal article primary or secondary sources of law and why?(2)
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