HFL1501 - Historical Foundations Of South African Law
Exam (elaborations)
HFL1501 REVISION PACK.
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Course
HFL1501 - Historical Foundations Of South African Law
Institution
University Of South Africa
HFL1501 REVISION
PACK.
5
PART 1 (20 marks)
The origins of South African law
Answer the following questions by making use only of the study material in Part 1 of the
Study Guide:
QUESTION 1
Answer the following questions regarding the South African Law Reform Commission that was
established...
HFL1501 - Historical Foundations Of South African Law
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HFL1501 REVISION
PACK.
, PART 1 (20 marks)
The origins of South African law
Answer the following questions by making use only of the study material in Part 1 of the
Study Guide:
QUESTION 1
Answer the following questions regarding the South African Law Reform Commission that was
established in 1973.
1.1 What is the task of the Law Reform Commission? (1)
1.2 Name three pieces of legislation or Bills, mentioned in Part 1 of this module, that were
drafted as a result of the work of the Law Reform Commission on the harmonisation of
laws in South Africa. (3)
[4]
QUESTION 2
Which Act currently contains the repugnancy clause? (1)
[1]
QUESTION 3
Answer the following questions on the historical development of Roman law:
3.1 Which part of the Corpus Iuris Civilis was based on a law textbook that Gaius (one of the
Five Great Roman jurists) had written for students? (1)
3.2 What was the name of the brilliant jurist who is considered to be the driving force behind
the codification of Roman law in the Corpus Iuris Civilis? (1)
3.3 Name the recent case mentioned in Part 1 of the Study Guide in which the Supreme Court
of Appeal referred to the Roman law position on personal servitudes as codified in the
Corpus Iuris Civilis that was later adopted by the Roman-Dutch law writers and eventually
became part of South African law. (1)
[3]
5
,QUESTION 4
Briefly discuss the Supreme Court of Appeal’s view regarding the adaptation of the common law
to bring it in line with the needs of society in the decision of Linvestment CC v Hammersley
(2008 JDR 190 (SCA)). (3)
[3]
QUESTION 5
5.1 Which medieval group of jurists that you learned of in Part 1 of the Study Guide laid down
rules for the reception of canon law into secular law and determined that canon law applied
to matters of the church, while Roman law applied to secular matters? (1)
5.2 What is meant by the European ius commune? (1)
[2]
QUESTION 6
Answer the following questions regarding the liberation movement by writing only the title of the
relevant document as your answer:
6.1 The document adopted on 16 December 1943 in Bloemfontein that served as the first clear
blueprint of the kind of society envisioned by the liberation movement. (1)
6.2 The document adopted on 21 August 1989 in Harare that contained a proposal for political
settlement and for negotiations aimed at resolving the South African conflict. (1)
6.3 The document adopted on 26 June 1955 at Kliptown in Soweto that articulated democratic
principles inspired by the Universal Declaration of Human Rights. (1)
[3]
QUESTION 7
7.1 Which nineteenth-century constitution of an independent republic in South Africa was
influenced by the American Constitution? (1)
7.2 The constitution of which independent nineteenth-century republic in South Africa made no
provision for the protection of human rights or the curtailment of government power? (1)
7.3 Name two constitutions which you have learned about in this module that were
promulgated in the twentieth century in South Africa that entrenched only the formal testing
powers of the courts. (2)
[4]
TOTAL PART 1: [20]
6
, PART 2 (45 marks)
Historical foundations and development of
the law of property and obligations
Answer the following questions by making use only of the study material in Part 2 of the
Study Guide:
QUESTION 8
In your opinion, which are the most fundamental aspects of transformative constitutionalism?
Answer in your own words. (2)
[2]
QUESTION 9
9.1 A bicycle is a thing in commerce, a composite thing, a non-consumable thing, and a
movable thing.
Now identify whether a municipal dam wall is a thing inside or outside commerce; a
single or composite thing; a consumable or non-consumable thing; AND a movable or
immovable thing. Identify how EACH of these four classifications apply to a municipal
dam wall. (4)
9.2 Read the following set of facts and answer the questions that follow. Please note that your
knowledge of both the law of property and the law of contract is required to answer these
questions:
On a cold winter’s day, Thandi walks into S’bu’s jewellery store and is immediately drawn
to a large display of silver rings on the counter. Thandi removes her gloves and her own
silver ring to try on several rings from S’bu’s merchandise. In the process, Thandi’s ring is
accidentally mixed in with S’bu’s merchandise and S’bu places it in the display. Thandi
takes her gloves and leaves the store, without buying anything. Neither Thandi, nor S’bu,
are aware that Thandi’s ring is now in S’bu’s shop.
That evening Thandi discovers that her ring is not on her finger and she realises what
must have happened – she took it off and forgot it in the store. The next morning, she
goes back to S’bu’s store and explains the situation. Thandi and S’bu search through the
rings in the display, but Thandi’s ring is not there. S’bu then remembers selling a ring to
an older woman before closing the store the previous day. S’bu, who prides himself on
being an honest man, offers Thandi money to compensate her for the loss of her property.
She is so upset that she storms out of the store, without taking S’bu up on his offer. S’bu
is deeply embarrassed by his honest mistake and for several months he tries to find the
woman he sold the ring to but is never able to do so.
7
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