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IRM1501 Introduction to research for law and criminal justice October/November 2022 PORTFOLIO - EXAMINATION R150,00
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IRM1501 Introduction to research for law and criminal justice October/November 2022 PORTFOLIO - EXAMINATION
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This document contains the Solutions to the IRM1501Portfolio – Examination (Referenced with Footnotes and Bibliography according to the School of Law Referencing Style Guide LLBALLF Tutorial Letter 302/4/2022). Best of luck with your Exam. Camecia Cass

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  • October 9, 2022
  • 19
  • 2022/2023
  • Exam (elaborations)
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IRM1501

Introduction to research for law and criminal justice


October/November 2022


PORTFOLIO - EXAMINATION


Written by

Camecia Cass




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ANSWER
Qwelane v South African Human Rights
Commission and Another [2021] ZACC 22 (10)

Facts of the Case

On July 30,2021, at 10 a.m., the Constitutional Court issued in Qwelane v South
African Human Rights Commission and Another [2021] ZACC 22 hereinafter

,referred to the Qwelane case its decision in an application for confirmation of an
order of constitutional invalidity granted by the Supreme Court of Appeal (hearing
an appeal from the High Court of South Africa, Gauteng Local Division,
Johannesburg) regarding section 10 of the Promotion of Equality and Prevention
of Unfair Discrimination Act 4 of 2000. (the Equality Act).

The core problem at hand is a difficult balancing act between the fundamental
rights to freedom of expression,1 dignity, and equality.2

The late Mr Qwelane, a prominent columnist, wrote an essay headlined "Call me
names - but gay is not okay"

Question 2

Make a distinction between qualitative and quantitative research
methodology and use examples where necessary. (10)

Document-based research is also referred to as the qualitative method of research
or quantitative research.3 Therefore, whenever mention is made of qualitative
research, you should know that the research is document based and vice versa. 4
Document-based research has to do with the reviewing of sources that are mostly
sourced from or found in the library.5



Question 3

Discuss plagiarism and use examples where necessary. (10)

Introduction

A project, summary, essay, or dissertation can be stressful, and plagiarism is
frequently a concern. The greatest method to avoid plagiarism is to learn about
and put good academic practice ethics into practice from the start of your
university career. There are several good reasons not to plagiarise…….


1
Section 16(1) of the Constitution of the Republic of South Africa, 1996.
2
Qwelane v South African Human Rights Commission and Another [2021] ZACC 22 para [2].
3
Prof Swanepoel and N Mabeka, Introduction to research for law and criminal justice (University of
South Africa 2018) 9.
4
Prof Swanepoel and N Mabeka, 9.
5
Prof Swanepoel and N Mabeka, 9.

, IRM1501: EXAM PAPER OCT/NOV 2022

Question 1

Read the case of Qwelane v South African Human Rights Commission and
Another [2021] ZACC 22, which is attached to this paper and thereafter answer
the question below.

Provide a summary of the case in the prescribed manner (facts of the case, legal
question, ratio decidendi or reasons for the decision and the findings of the case).



Qwelane v South African Human Rights Commission and Another [2021]
ZACC 22

(10)

Facts of the Case



On July 30,2021, at 10 a.m., the Constitutional Court issued in Qwelane v South
African Human Rights Commission and Another [2021] ZACC 22 hereinafter
referred to the Qwelane case its decision in an application for confirmation of an
order of constitutional invalidity granted by the Supreme Court of Appeal (hearing
an appeal from the High Court of South Africa, Gauteng Local Division,
Johannesburg) regarding section 10 of the Promotion of Equality and Prevention
of Unfair Discrimination Act 4 of 2000. (the Equality Act).

The core problem at hand is a difficult balancing act between the fundamental
rights to freedom of expression,6 dignity, and equality.7

The late Mr Qwelane, a prominent columnist, wrote an essay headlined "Call me
names - but gay is not okay" that was published in the Sunday Sun newspaper in
2008. In the piece, the applicant compared homosexual and lesbian individuals to
animals and said that they were to blame for society's gradual deterioration of
morals.8


6
Section 16(1) of the Constitution of the Republic of South Africa, 1996.
7
Qwelane v South African Human Rights Commission and Another [2021] ZACC 22 para [2].
8
Qwelane case para [1].

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