SCL1502 PORTFOLIO EXAM

Subject Code : SCL1502 Name and Surname : Nokukhanya Phumelele Mdladla Student Number : Assignment Number : Semester One : Assignment 03 ( EXAMINATION) Unique Number : QUESTION ONE 1.1 Callister, PD. 2010. “Time to Blossom: An inquiry into Bloom’s Taxonomy as a Hierarchy and Means for Teaching Legal Research Skills”. Law Library Journal 102(2) 191-220 1.2 Research is a major tool for development in every segment of society. Studies have shown that if research is not carried out, there would be no meaningful development in society. Research is a human activity, it is still a requirement that needs to be undertook with all humans faults and influences. A successful research proposal is achieved by interacting with lecturers and scholars through their work, the researcher finds out what has been written and decided on in the past, forming part of the conversation between the past, present and future, by this it can be concluded that research is a communal activity. Research can be regarded as acceptable and non-acceptable, some research that is acceptable for law might not be as acceptable for other departments, for example, in IT. Articles written by Law professors or other subject specialists can be a good indication of what research can be regarded as acceptable. The purpose of legal research is the study of legal problems and issues in order to better ones understanding of how the law functions and how it can be improved. It involves creative, systematic and original work explaining how the law functions and embracing critical evaluation of this functioning. At the most basic level, 1 legal research is critical engagement with an intellectual tradition. QUESTION TWO I FACTS Mr Zuko Nonxaba ( “respondent” ) is a practicing attorney in the Eastern Cape where he has a reputation for assisting clients with RAF claims. Mr Nonxaba was approached by 26 year old Avela Mathimba to act as his attorney towards suing the Road Accident Fund on his behalf following his involvement in a car accident aswell as the Eastern Cape Department of Health for malpractice. Mr Nonxubo succeeded in both these cases and payments amounting to R9.6 million were successfully transferred to his account in 2013. Mr Mathimba reported he has not received a cent of his money, the story read: 2 “He says that when he grilled his lawyer about the money, attorney Zuko Nonxubo rushed to court with an application to have a curator appointed to manage Mathimba’s affairs”. Mr Nonxaba lodged a complaint against Sunday Times following a story published with the headline “tale of penniless SA millionaire” the penniless person referred to was Mr Mathimba. He said the manner in which the story was reported was in violation of 3 Section 1.1 of the Code of ethics 1 Research Literacy for the Law, Only study guide for SCL1502, University of South Africa. 2 Press Council: Appeal Hearing Decision: Sunday Times vs. Zuko Nonxuba. 3 See Section 1.1 of the Constitution. and conduct for South Africa print and online media, that states: “The media shall take care to report news truthfully, accurately and fairly”. Mr Nonxaba complained that the story was selective and failed to reflect the contents of existing court reports, and that the delays of payments due to Mr Mathimba occurred because of Mr Mathimba’s new appointed attorneys he also further complained that there has been no expert evidence produced to suggest that he acted wrongfully. 4The Ombud had found in favour of Mr Nonxaba that the article written by journalists Sabelo Skiti and Monica Langanparsad, had breached s 1.1 of the Code of ethics and conduct that states. II LEGAL QUESTION The issue before the Ombud was whether the article was a court report or a human interest story?