Exam (elaborations)
ILW1501 EXAM PACK 2024
- Course
- ILW1501 (ILW1501)
- Institution
- University Of South Africa (Unisa)
ILW1501 EXAM PACK 2024
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ILW1501EXAM PACK 2024
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ILW1501/201
Question 1
Read the following scenario and answer the question that follows:
Thandi Ngobeni is not promoted by New Africa University and she is very upset about the
decision. Thandi feels that she was not promoted simply because she is a woman. The
university gives her a chance to complain about this. An impartial person hears the
complaint and decides that the rules with regard to promotions within the university are
clear and apply to all personnel equally.
Has formal justice been done in this case? Give reasons for your answer. (4)
Answer:
Yes, formal justice has been done.
Formal justice is achieved if the following criteria are met:
(1) There must be explicit rules laid down to show how people must be treated in specific
cases. In this scenario, the rules within the university are found to be clear.
(2) The rules must apply generally to all people in the group in the same circumstances.
In this scenario it is found that the rules apply generally to all personnel equally.
(3) The rules must be applied impartially (without bias) by a legal institution or person. In
this scenario, an impartial person heard the complaint.
[Study unit 1, p 18]
Question 2
Read the following scenario and answer the questions that follow:
John’s grandfather passed away a year ago. John inherited a portrait of his grandmother.
His grandfather painted the portrait of his grandmother during their honeymoon.
2.1 Identify the legal object in this scenario and motivate your answer. (3)
Answer:
The portrait is the legal object in this scenario.
A legal object is anything that is of economic value to a person. A legal object can have
economic value because it costs a lot of money, is useful or is scarce. It may also be of
value to a particular person or within a particular circle of people (e.g. a family). In this
scenario the portrait clearly has economic value.
[Study unit 2, p 23]
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2.2 Two years later, John falls into financial difficulties and decides to sell the portrait.
Anna, who owns a second-hand shop, offers to buy the painting from John for R500.
Identify and explain the two rights that are applicable here. (4)
Answer:
(1 ) Personal right
A personal right is a right to performance, or also known as a claim. In this scenario, John
has the right to be payed the R500 for the portrait and Anna has the right to delivery of the
portrait.
(2) Real right
Real rights are rights to physical (material) things, or things that we can touch. In this
scenario, John has a real right over the portrait (which is a physical thing). Once he has sold
the portrait to Anna, it becomes her property and she will have a real right to it.
OR
Right of ownership
The right of ownership is the most comprehensive real right. This means that the owner of
property may freely use, enjoy and sell his/her property. In this scenario, John has
ownership of the portrait. He can therefore freely sell it to Anna. Once John has sold the
portrait to Anna, she becomes the owner and can thus freely use, enjoy and sell the portrait.
[Study unit 2, pp 24-25]
Question 3
Case law (court decisions) is one of the main authoritative sources of South African law and
the principle of judicial precedent is applicable in this regard. Briefly explain what judicial
precedent means and name the two requirements for the operation of the precedent
system. (3)
Answer:
Judicial precedent means that the lower courts are bound by the decisions of the higher
courts.
The requirements for the operation of the precedent system are:
(1) An effective system of law reporting.
(2) A hierarchy of courts.
[Study unit 6, pp 78-79]
6
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Question 4
Read the following scenario and answer the questions that follow:
Simon, a member of the Smoking Pistols gang, is arrested and brought to court on drug
charges, in a criminal case. Simon claims that the police tortured him in order to persuade him
to sign a confession. They told him that he was a criminal who did not have any fundamental
rights at all.
4.1 Identify any two fundamental rights that will protect Simon in this specific situation. (2)
Answer:
You could have identified any two of the following applicable fundamental rights:
Right to human dignity
Right not to be tortured
Right to freedom and security of the person
Right to bodily integrity
Right to remain silent
Right not to be compelled to make a confession or admission
Right(s) of arrested, accused and detained persons
[Study unit 8, p 142 & pp146-148; Bill of Rights]
4.2 Identify and describe the category of fundamental rights to which these fundamental
rights (identified in 4.1) belong. (2)
Answer:
The category of fundamental rights is first generation rights or blue rights.
The fundamental rights belonging to this category are called civil rights, procedural rights
and political rights. These fundamental rights protect the individual from the abuse of state
power.
[Study unit 8, p 142; Bill of Rights]
4.3 What type of application of the Bill of Rights is applicable in this scenario? Give a reason
for your answer. (2)
Answer:
This scenario involves a vertical application of the Bill of Rights because the executive branch
of government (i.e. the police) or the state and an individual (Simon) are involved.
[Study unit 8, p 143]
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