100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
Previously searched by you
HFL1501 Assignment 6 (COMPLETE ANSWERS) Semester 1 2024 - DUE 9 May 2024 Course Historical Foundations of South African Law (HFL1501) Institution University Of South Africa (Unisa) Book Introduction to the Law of South Africa$2.50
Add to cart
HFL1501 Assignment 6 (COMPLETE ANSWERS) Semester 1 2024 - DUE 9 May 2024 Course Historical Foundations of South African Law (HFL1501) Institution University Of South Africa (Unisa) Book Introduction to the Law of South Africa
HFL1501 Assignment 6 (COMPLETE ANSWERS) Semester 1 2024 - DUE 9 May 2024 ;100% TRUSTED workings, explanations and solutions. ........... QUESTION 1 1.1 Read the following statement and answer the question that follows: “South Africa has an uncodified legal system.” In your own words, discuss ho...
HFL1501 Assignment 6 (COMPLETE ANSWERS) Semester 2 2024 - DUE 23 October 2024
HFL1501 Assessment 1 Due 21 August 2024 (Detailed solution)
All for this textbook (39)
Written for
University of South Africa
Historical Foundations of South African Law
All documents for this subject (13)
1
review
By: gladysmabele97 • 6 months ago
Seller
Follow
Jennifer2024
Reviews received
Content preview
HFL1501 Assignment
6 (COMPLETE
ANSWERS) Semester 1
2024 - DUE 9 May 2024
;100% TRUSTED
workings,
explanations and
solutions.
ADMIN
[COMPANY NAME]
, QUESTION 1 1.1 Read the following statement and answer the question that
follows: “South Africa has an uncodified legal system.” In your own words,
discuss how this fact impacts on a lawyer who is searching for a remedy with
regard to a legal question. (4) 1.2 Name one country of which you have
learned in this module that has a codified legal system. (1) [5]
In an uncodified legal system like South Africa's, laws are not systematically organized into a
single, written document. Instead, legal principles are derived from various sources such as case
law, statutes, and customary practices. This lack of a comprehensive legal code can present
challenges for lawyers seeking remedies for legal questions.
For instance, without a central legal code to reference, lawyers may need to sift through a diverse
array of sources to understand the applicable laws and precedents. This can make legal research
more complex and time-consuming, as lawyers must navigate through a multitude of statutes,
judicial decisions, and customary laws to build their case or advise their clients.
Moreover, the absence of a codified legal system can lead to ambiguity and uncertainty in the
interpretation and application of laws. Different judges or legal experts may have varying
interpretations of legal principles, leading to inconsistencies in legal outcomes.
Overall, the impact of an uncodified legal system on a lawyer searching for a remedy is that it
requires thorough and exhaustive research across various sources, as well as a keen
understanding of legal precedent and interpretation.
As for a country with a codified legal system, one example could be Germany, where laws are
organized into a comprehensive legal code known as the "Basic Law" or "Grundgesetz."
QUESTION 2 Name two Constitutional Court cases discussed in the HFL1501
Study Guide that deal with security of tenure. (2) [2]
1. Port Elizabeth Municipality v Various Occupiers (2004): This case dealt with the eviction of
occupiers from municipal land and established important principles regarding the rights of
occupiers and the process for lawful eviction.
2. Blue Moonlight Properties 39 (Pty) Ltd v Occupiers of Saratoga Avenue (2011): In this case,
the Constitutional Court addressed the eviction of occupiers from private property and reaffirmed
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Jennifer2024. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $2.50. You're not tied to anything after your purchase.
