This document contains the questions and answers to the IRM1501 May/June 2023 PORTFOLIO - EXAMINATION.
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Camecia Cass
Introduction to research for law and criminal justice
May/June 2023
PORTFOLIO - EXAMINATION
Written by
Camecia Cass
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ANSWER
, Question 1
Read the case of Ramokgopa v Nxumalo Case no: 7922/220 175 (8 September 2022), which is
attached to this paper, hereafter answer the question below. Summarise 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). (10)
Ramokgopa v Nxumalo Case no: 7922/220 175 (8 September 2022)
Facts of the case
The plaintiff in this case instituted action proceedings alleging that the defendant had defamed him
and that he had suffered both patrimonial and non-patrimonial harm.
Question 2
Make a distinction between scientific and non-scientific research and use examples where
necessary.
(10)
The term "scientific research" is frequently difficult to define.1 However, the objective of scientific
study might be clarified by detailing numerous diverse opinions on what "science" really means. The
first point of view is that science is always founded on facts.2 These facts,3 such as principles or
values,4 might be observable (empirical)5 or non-observable (non-empirical).6 According to the
second school of thought, science is logical and objective.7
Question 3
Discuss transformative constitutionalism with reference to case law, books and articles. (10)
1. Introduction
According to Rapatsa8, South Africa has lived under constitutional democracy for the past twenty
years, based on the supremacy of the Constitution.9 The system carries a transformational
constitutionalism goal, which became operational following the first democratic elections in 1994.
Among the core tenets of this agenda has been and continues to be the pursuit of social justice and
substantive justice in social, economic, and political reality. The Constitution established a nation
based on the protection of democratic values and fundamental human rights through this
endeavour. As a result, the Constitution is the source of transformational constitutionalism.
1
Prof Swanepoel and N Mabeka, Introduction to research for law and criminal justice
(University of South Africa 2018)4.
2
Prof Swanepoel and N Mabeka, 4.
3
Prof Swanepoel and N Mabeka, 4.
4
Prof Swanepoel and N Mabeka, 4.
5
Prof Swanepoel and N Mabeka, 4.
6
Prof Swanepoel and N Mabeka, 4.
7
Prof Swanepoel and N Mabeka, 4.
8
Rapatsa M “Transformative Constitutionalism in South Africa: 20 Years of Democracy” 2014 (5)
Mediterranean Journal of Social Sciences 887.
9
Constitution of the Republic of South Africa, 1996.
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