HFL1501 Portfolio: 899759
Due date: 20 NOV 2023
QUESTION 1
Answer the following questions regarding the South African Law Reform Commission
that was established in 1973.
1.1 What is the task of the Law Reform Commission? (1)
To investigate certain matters approved by the Minister of Justice and Constitutional
Development and referred to it by Parliament1.
1.2 Name three pieces of legislation or Bills, mentioned in Part 1 of this module, that
were drafted as a result of the work of the Law Reform Commission on the
harmonisation of laws in South Africa. (3)
The Bill on the Recognition of Islamic Marriages, The Traditional Courts Bill and The
promulgation of the Reform of Customary Law of Succession and Regulation of
Related Matters Act 11 of 2009
QUESTION 2
Which one of the following statements is correct with regard to the recognition and
application of indigenous African law during the twentieth century? (1)
3 is true - following the findings of the 1983 Hoexter Commission, the Special Courts
for Blacks Abolition Act 34 of 1986 abolished all special courts for black people.
QUESTION 3
Indicate whether the following statements are true or false. Write only the correct
option as your answer:
3.1 True
3.2 False
1
Study Guide for HFL 1501 Historical Foundations of South African Law page 46.
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HFL 1501 Portfolio: 899759
3.3 True
QUESTION 4
Briefly discuss the Supreme Court of Appeal’s view regarding the adaptation of the
common law to bring it in line with the needs of society in the decision of Linvestment
CC v Hammersleyn (2008 JDR 190 (SCA)). (3)
Given that needs change daily, the courts must constantly adapt legal rules that
become irrelevant or no longer meet the present-day needs. In the Linvestment case
the Supreme Court of Appeal re-evaluated a rule of Roman-Dutch law as stated by
Voet 2. The court argued that the law cannot blindly adhere to an inference drawn in
the 17th century when it had explicit power from s173 of the Constitution to power to
develop the common law. According to the Constitution, the Courts without
abandoning our legal heritage, the courts can and should examine how developed
legal systems cope with common problems3.
QUESTION 5
5.1 3
5.2 What is meant by the European ius commune? (1)
This refers to the European common law, which was the law commonly used by many
Western European countries4.
QUESTION 6
6.1 Van der Linden
6.2 Hugo de Groot
6.3 Johannes Voet
2
Study Guide for HFL 1501 Historical Foundations of South African Law page 46
3
Constitution of the Republic of South Africa, 1996
4
Study Guide for HFL 1501 Historical Foundations of South African Law page 34
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