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SCW2601EXAM
PACK
2023
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SCW2601 REVISION 2019 NIRMALA MOODLEY
May / June 2017
QUESTION 1
1.1 Define the concept of “the law”. (3) – P17
The ""law"" can be defined as the only body of rules governing human
conduct that is recognised by the state and that can be enforced.
The law is a set of legal rules that govern human behaviour.
Law in the strict sense is the only body of rules governing human conduct
that is recognised by the state and, if necessary, enforced.
1.2 Name and discuss the two functions of the law. (2) – P17
The law is there to serve the people.
• The law serves to maintain peace and order in a society by means of
criminal sanction.
• The law serves to balance the interests of the individual and those of
the community at large in order to achieve a peaceful society. The law
also has to regulate the mutual relationship between individuals (legal
subjects).
1.3 Explain the principle of equality before the law. (3) – P7
"Equality before the law" has come to be regarded as the essence of
justice. The principle of equality before the law means, for example, that
courts should treat all litigants equally, regardless of their race, colour,
creed or sex.
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1.4 Discuss what is meant when reference is made to a “persons right”. (2)
– P10
A person has a right to his or her physical and psychological wellbeing,
in other words a right to aspects of the human personality such as physical
(bodily) integrity, privacy, or one's good name or reputation.
1.5 Two procedure can be used to institute a civil case, namely the action
procedure and the application procedure. Distinguish between these
procedures. (4) – P
In the case of an action procedure, the parties involved are called the
plaintiff and the defendant. The action procedure commences when the
plaintiff institutes an action by issuing a summons to the defendant.
In an application procedure, the parties are called the applicant and the
respondent. The application procedure commences when an applicant
issues a notice of motion. The applicant's affidavit is usually attached to
the notice of motion.
1.6 Briefly discuss the role of attorneys and advocates as legal
representatives and officers of the court. (4) – P66
The duty of these legal representatives is to promote their clients'
interests by application of their expert knowledge of the relevant legal
rules.
Legal representatives not only act in the service of the client. As officers
of the court, they have a duty to ensure that justice is done.
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1.7 Johannes is found guilty of armed robbery. The court has to pass an
appropriate sentence and punishment.
1.7.1 Name the possible forms of punishment that can be imposed by our
courts in general. (8x1/2) = 4 – P168
• imprisonment (in various forms and for various terms)
• a fine
• correctional supervision
• committal to a treatment centre
• suspended sentence
• postponed sentence
• caution and discharge
• compensation and restitution
• alternatives for child offenders in terms of section 290
1.7.2 Name and explain the different theories of punishment. (8) – P174
• The theory of retribution. an offender must be punished because he
or she deserves it.
• The preventive theory. the purpose of punishment is the prevention
of crime. Where an accused is sent to prison or a driver's licence is
confiscated.
• The reformative theory. an offender is treated or rehabilitated so that
he or she will subsequently be able to re-join society with a socially
acceptable attitude, which will prevent him or her from again
resorting to crime.
• The deterrent theory. asserts that an offender must be punished so
that, out of fear of being punished, he or she will not again commit a
crime. Simultaneously, this punishment serves as a warning to all
other members of society.
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