LCP4804
EXAM PACK
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,UNIVERSITY EXAMINATIONS
May/June 2022
LCP4804
Advanced indigenous law
100 Marks
Duration 4 Hours
Examiners:
Adv RB Mokomane
This paper consists of 7 pages.
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
1. The examination question paper counts 100 marks.
2. It consists of Four questions. Answer ALL the questions.
3. The duration of the examination is Four (4) hours. Your answers must be submitted
via the myExams platform on 9 June 2022 on or before 16:15 (South African
Standard Time).
4. This is an open-book examination. You may consult your prescribed study material
during the examination.
5. Your exam file must be uploaded on the myExams platform on Moodle.
5.1 You are advised to preview your submission (answer script) to ensure legibility and
that the correct answer script file has been uploaded.
5.2 Once the official examination time per the examination timetable has expired, you
are provided one hour to submit your answer script. Submissions made after the
submission period has lapsed will be rejected per the examination regulations and
will not be marked.
6. The cover page for your take-home exam must include your name, student number
and the module code.
7. It is preferred that your take-home exam is typed. However, handwritten
submissions will also be accepted. If the take-home exam is typed, the maximum
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, length is 15 pages (which includes the cover page and the bibliography). If the take-
home exam is handwritten, the maximum length is 20 pages (which includes the
cover page and the bibliography).
8. Whether your answers are typed or handwritten, your submission on the myExams
platform on Moodle must be made in the form of one PDF document. Only the last
file uploaded and submitted will be marked.
8.1 The exam answer file that you submit must not be password protected or uploaded
as a “read only” file.
8.2 Your examination answer file will not be marked if:
8.2.1 you send your examination answer file via email.
8.2.2 you submit the incorrect examination answer file. A mark of 0% will be awarded.
8.2.3 you submit your exam answer file on an unofficial examination platform (including
the invigilator cellphone application).
8.2.4 you submit your examination answer file in the incorrect file format.
8.2.5 you submit a password-protected document.
8.2.6 you submit your examination answer file late
8.2.7 you submit your answer file from a registered student account that is not your own.
8.3 Incorrect answer scripts and/or submissions made on unofficial examinations
platforms (including the invigilator cellphone application) will not be marked and no
opportunity will be granted for resubmission.
8.4 The mark awarded for an illegible examination answer file submission will be your
final mark. You will not be allowed to resubmit after the scheduled closing date and
time of the exam.
9. If your answers are typed, ensure that the following requirements are adhered to.
Items 9.3-9.6 applies to written assignments as well.
9.1 The text must be typed in Arial font, size 12 with single line spacing within the
paragraph, and double line spacing after the paragraph.
9.2 The text must be justified.
9.3 All of the pages must be numbered in the right hand corner at the bottom of the
page.
9.4 All margins must be 2.5cm, but the left margin must be 3cm.
9.5 South African English and not American English should be used. For example, the
correct spelling is “Labour” and not “Labor”.
9.6 Do not use abbreviations or SMS language.
9.7 All quotes that are two lines long (or less), must form part of the main text, be written
in italics, and be bracketed by quotation marks. Where a quotation is longer than
two lines, it must be typed in a separate paragraph in italics in size 11 font and must
be indented by 1 cm. No quotation marks are required when the quotations stand
alone. Use quotations very sparingly. In this take-home exam, a maximum of 5% of
the text may be quoted.
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, 10. When answering the take-home exam questions, remember that an open-book
exam is a test at a higher level than the usual type of exam, where memory is tested
as much as insight. In an open-book exam, you need not memorise any information.
You are expected to prove that you can use information, rather than merely repeat
it. In brief, what is being tested is factual knowledge, understanding and the correct
application thereof, not memory skills. For this reason, you do not earn marks by
merely detailing a list of all the information that you think might be relevant to a
particular question. This gives no indication that you know what statutory or other
provisions are applicable in a specific context. You are expected to identify precisely
what information applies, and then explain why you think so.
10.1 Also, because you have the guide available when answering questions, we do not
give marks for direct quotations from the guide. You are therefore assessed on your
level of understanding of the legal principles by looking at how well you applied the
principles to the questions.
10.2 PLEASE DO NOT CUT AND PASTE ANSWERS FROM THE STUDY GUIDE (OR
ANY OTHER SOURCE).
11. The arguments that you make must be logical, well-structured and substantiated by
all of the relevant legal principles. You are given 4 hours (not 2 hours) to complete
the take-home exam. Use the time given wisely.
11.1 Ensure that you give reasons for each answer. Substantiate your answers by
referring to ALL of the relevant authorities, e.g. sections from relevant legislation
and/or court cases in the text or in your footnotes.
11.2 You are required to have read and summarised the prescribed cases yourself. The
summaries in the Study Guide are not sufficient for this exam. When using case law
to support your answer, please include complete references to the relevant cases in
your footnotes. This means that you must not only include the name of the case but
also the exact page and section and/or paragraph where the information can be
found. The same applies to articles and books used.
11.3 A number of students lose marks because they do not approach problem-type
questions correctly. When answering such questions, it is important to first clarify for
yourself the area of work where the answer must be sought. Once you have done
this, set out the relevant legal principles. Deal only with those principles that relate
to the given facts. Next, apply these principles to the facts. This is where most of the
students lose marks - they set out the law in some detail, but then do not illustrate
how it applies to the factual situation they have been asked to solve. Finally, state
your conclusion.
12. You must complete the online declaration of own work when submitting.
12.1 By ticking the Honesty Declaration, you confirm that you have read (i) the
University’s Policy on Copyright Infringement and Plagiarism and the Student
Disciplinary Code, which are both available on
myUnisa: www.unisa.ac.za/unisarules, and (ii) the information relating to student
values and plagiarism that is found at
https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and-
rules.
12.2 Students suspected of dishonest conduct during the examinations will be subjected
to disciplinary processes. Students may not communicate with other students, or
request assistance from other students during examinations. Plagiarism is a
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