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 h...
HFL1501 Assignment 6 (COMPLETE ANSWERS) Semester 2 2024 - DUE 23 October 2024
HFL1501 Assessment 1 Due 21 August 2024 (Detailed solution)
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Historical Foundations of South African Law
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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
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