HFL1501-Historical Foundations Of South African Law Final Portfolio. PART ONE
THE ORIGINS OF SOUTH AFRICAN LAW
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QUESTION ONE
1. The South African Law Reform Commission was established in 1973. There
are certain matters that are a...
MODULE : HFL1501
FIRST SEMESTER : FINAL PORTFOLIO
UNIQUE NUMBER : 875834
CLOSING DATE : 21ST MAY 2018
, PART ONE
THE ORIGINS OF SOUTH AFRICAN LAW
_________________________________________________________________
QUESTION ONE
1. The South African Law Reform Commission was established in 1973. There
are certain matters that are approved by the Minister of Justice and
Constitutional Development and referred to the South African Law Reform
Commission by Parliament. The task of the Commission is to then investigate
and research these matters in order to develop, improve and modernise the
relevant laws. During their investigation the Commission considers the current
law, the historical development of the matter and then recommends changes in
order to reform the law. These recommendations are put into a draft bill which
is studied by Parliament and if accepted, it becomes the new law. The South
African Law Reform Commission has achieved success in developing and
harmonising South African Law. There were many laws that were made during
the Apartheid Era that did not have room for fair and equal human rights
according to our Constitution and the Commission helps resolves these
discrepancies. The Commission has helped integrate many different religions
into our legal system more specifically regarding marriage and succession. The
Commission has proposed a Draft Bill on the Recognition of Islamic Marriages.
The South African Law Reform Commission also helped incorporate indigenous
laws into our legal system which played a huge role in the development of South
Africa. It also reformed many indigenous laws in order to meet the standards of
the Constitution in order to integrate it. This was seen when the Commission’s
recommendation led to the promulgation of the Reform of Customary Law of
Succession and Regulation of Related Matters Act 11 of 2009. The Commission
has also played an important role in including human rights in our legal system,
this is shown by the Traditional Courts Bill, 2008 which was drafted based on
recommendations by the South African Law Reform Commission but has not
yet been finalized due to concerns regarding the rights of woman and children.
QUESTION TWO
2.1 John Locke was the first to suggest that natural law consisted of inalienable
human rights. Locke based he’s development on Hugo de Groot’s idea of a
social contract. John Locke suggested that the reason citizens agreed to create
a state was only because they expected protection of their basic rights to life,
liberty and property by the state and therefore the state’s power is limited by
their duties to protect these rights.
2.2 Linvestment CC v Hammersley and another 2008 JDR 190 (SCA).
2.2 Johannes Voet.
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