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QUESTION 1 Explain why a lawyer has to consult various sources of law when trying to establish what the existing South African law says about a lega...
QUESTION 1
Explain why a lawyer has to consult various sources of law when trying to establish what the existing South
African law says about a legal question. Base your answer on your understanding of the nature of the South
African legal system. [2]
QUESTION 2
2.1. Which section of the Constitution of the Republic of South Africa,1996 officially recognises indigenous
African law as a source of South African law? Your answer must be specific and complete. (1)
2.2 Explain how the application of indigenous law is limited in terms of the Constitution of the Republic of
South Africa, 1996. (2)
2.3 Name one case mentioned in Part 1 of the Study Guide in which the Constitutional Court found a rule of
indigenous African law to be unconstitutional. (1) [4]
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Explain why a lawyer has to consult various sources of law when trying to
establish what the existing South African law says about a legal question. Base
your answer on your understanding of the nature of the South African legal
system.
[2]
QUESTION 2
2.1. Which section of the Constitution of the Republic of South Africa,1996
officially recognises indigenous African law as a source of South African law?
Your answer must be specific and complete. (1)
2.2 Explain how the application of indigenous law is limited in terms of the
Constitution of the Republic of South Africa, 1996. (2)
2.3 Name one case mentioned in Part 1 of the Study Guide in which the
Constitutional Court found a rule of indigenous African law to be
unconstitutional. (1)
[4]
QUESTION 3
3.1 Which section of the Constitution of the Republic of South Africa, 1996
officially recognises the common law as a source of South African law? Your
answer must be specific and complete. (1)
3.2 Briefly explain what the South African common law consists of and how it
has (been) developed over time. (4)
3.3 Which well-known sixth century codification of Roman law is still referred to
by the South African courts as part of our legal heritage? (1)
[6]
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