HFL1501 ASSIGNMENT 01 SEMESTER 02 ANSWERS
QUESTION 1
Answer the following questions regarding the nature of the South African legal system:
1.1 Name a specific system of law mentioned in the HFL1501 Study Guide that is unofficially applied by certain communities, but that is not officially re...
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HFL1501 ASSIGNMENT 01 SEMESTER 02
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, QUESTION 1
Answer the following questions regarding the nature of the South
African legal system:
1.1. Name a specific system of law mentioned in the HFL1501 Study Guide
that is unofficially applied by certain communities, but that is not
officially recognised in South Africa. (1)
Indigenous law
1.2. Does South Africa have a hybrid legal system? Motivate your answer. (2)
Yes, South Africa has a hybrid legal system. This is because the South
African legal system incorporates elements from various legal traditions
and systems, making it both complex and pluralistic (HFL1501 Page 3).
1.3. The universal component of the South African legal system has its
origins in two different philosophies. Name these two philosophies
discussed in the HFL1501 Study Guide. (1)
Natural-law philosophy
The African philosophy of Ubuntu
QUESTION 2
2.1. The repugnancy clause limited the application of indigenous African law
by providing that indigenous law would only apply insofar as it was not
contrary to the Western notion of public policy and natural justice. Name
one historical Act mentioned in the HFL1501 Study Guide that has
contained the repugnancy clause. Please provide the full title, number
and year of the Act. (1)
Black Administration Act 38 of 1927.
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