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- University Of The Witwatersrand (wits)
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INTRODUCTION TO LAW SEMESTER ONE TUT NOTESTUTORIAL TWO
QUESTION ONE:
Examples of community service include:
• Service in the SA Human Rights Commission
• Service in State, approved by the Minister and the LPC.
• Provision of Legal education and training
• Service without any remuneration as a judicial officer in the case of legal
practitioners, e.g., as a commissioner in the small claims’ courts.
The purpose of the community service is to broaden the access to justice, even
in poorer communities. (Subsection 3(b)(1))
To determine whether the person has achieved a certain level of competence.
Increasing efficiency.
QUESTION TWO:
The need for Law and the consequences if there was no law.
• Law plays a very crucial role in maintaining order in society. The law acts
as a code of conduct for citizens, it is a framework what is considered
acceptable in society. It ensures the smooth operation of society. it gives
society guidelines who to act in different areas, e.g., in the workplace v in
public spaces, etc.
• Societies are inherently complex because human behaviour, so every
society needs laws in order to govern people. In society, disputes are
bound to arise, so the law provides a framework and rules to resolves
problems. It has a criterion (based on the history and context) on how to
judge and settle conflicts.
• It helps communities distinguish between what is wrongdoing and what is
lawful. The law makes it easier to adapt to societal developments, e.g.,
industrial, commercial, technological and scientific developments that are
made in society. As societies develop, the law also provides protective
measures for the vulnerable, e.g., laws about providing shelter those
economically vulnerable.
• It also aids societal progress, e.g., how to navigate cases of child
marriages or how the law exists with different religions that are particular
to a specific society.
• Law protects the general safety of people and rights of people are not
abused by other citizens or organizations. It allows everyone to exist,
exercise their rights without infringing on those of others. Laws also
protect society in aspects like the economic field.
• Law has a critical role in social transformation, e.g., a law establishing a
compulsory educational system. It helps shapes society, economically,
politically socially, etc.
• The law also serves as a tool to hold people accountable in society for
their actions, for the example the government. It helps us address past
, issues, e.g., economic redress policies. The law also provides frameworks
for rehabilitation in society.
• The law is not only there to ensure the harmony between individuals but
also to facilitate how human beings interact with their respective
environments.
• Prevents humans from acting upon instincts.
• It gives legitimacy to governments
If we did not have laws, it would be “survival of the fittest”, human beings are
believed to be selfish in nature and to sought after one’s own self interests. So,
there would constantly be disputes on how to distribute resources. There needs
to be an authority which facilitates that.
There would be no safety, so law ensures sustainability.
QUESTION THREE:
Section 36 analysis determines whether discrimination is fair or unfair.
Section 9 (promotion of equality with regards to previously
marginalized communities)
How discrimination can be fair, if:
• It advances those previously marginalized communities
• Protects the broader society
• There must be a differentiation of treatment and is it on the
grounds of section 9(3). (The prince case next sem)
1. Factors considered: PEPUDA came into being because the grounds in
section 9 were too narrow, so it gives effect into section 9 and expands
those grounds.
• Whether the discrimination undermines or compromises human
dignity
• Whether the discrimination is systematic in nature (so the extent
and nature of the discrimination must be considered)
• The possible impact of the discrimination on the complainant
• Legitimate purpose
• what extent the discrimination achieves its purpose
• whether the respondent has taken steps to address the
disadvantages or accommodate diversity.
2. Process of finding the electronic version of the equality act:
• Go to the wits website.
• Click on the libguides
• Go to law library
• Click ‘electronic resources’
• Under SA databases, click on My LexisNexis (Butterworths)
• Enter login details (if you have registered)
• Search for “Promotion of Equality and Prevention of Unfair
Discrimination Act 4 of 2000 (‘the Equality Act’)”. Use a filter so
that you are only shown acts.
• Then open the document and click on section 14 (3)
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