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HFL1501 ASSIGNMENT 06 DUE 09 MAY2024
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, HFL1501 ASSIGNMENT 01 DUE 20 MARCH 2024QUESTION 1
Answer the following questions regarding the South African Law Reform Commission:
1.1 Describe the working method of the Commission as mentioned in your HFL1501
Study Guide. (3)
The South African Law Reform Commission (SALRC) has a research-based working method as mentioned
in the HFL1501 Study Guide. This method involves the identification of areas of law that are in need of
reform, conducting research on those areas, and making recommendations for changes to the law. The
Commission also consults with stakeholders, such as government departments, interest groups, and
members of the public, to gather input and feedback on potential reforms.
1.2 Read the following statement and answer the questions that follow:
“It appears that the Commission does not hesitate to [refer to] the civil-law heritage
that we share with other European legal systems.”
(a) Explain what is meant by “civil-law heritage”. (1)
The "civil-law heritage" refers to the legal principles, systems, and traditions that have evolved from the
Roman legal tradition and have been adopted by European legal systems. This includes concepts such as
codified laws, reliance on judicial precedent, and a focus on written laws rather than case law.
Reference:
https://www.cambridge.org/core/books/european-civil-code/the-civil-law-heritage-and-the-interface-
between-civil-and-common-law/EC7045E0349AD9BD281F33AAECFEB218
(b) South African law consists of three components. Our civil-law heritage falls under which one of
these three components? (1)
The civil-law heritage falls under the Roman-Dutch law component of South African law. This
component is derived from the legal system established by the Dutch during their colonization of the
Cape in the 17th century.
Reference:
Boraine, A., Goldblatt, B., & Martins, N. (2008). Law and Justice: A South African Perspective. Juta and
Company Ltd.
QUESTION 2
What is the main difference between reception and imposition? (1)
Reception refers to the act of receiving or welcoming someone or something, while imposition refers to
the act of forcing something on someone. The main difference between the two is that reception involves
a voluntary acceptance, while imposition involves a forced or unwanted action.
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