LJU4801
MAY/JUNE EXAM PORTFOLIO 2024
DUE DATE: 22 MAY 2024
,UNIVERSITY EXAMINATIONS
May/June 2024
LJU4801
LEGAL PHILOSOPHY
First examiner: Adv RB Mokomane
Second examiner: Ms PAN Nyawo
This paper consists of 4 pages.
The paper counts 100 marks.
The portfolio runs from 17 – 22 May 2024.
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
1. This portfolio must be submitted before 20:00 on 22 May 2024. Students have to
submit this portfolio via myUnisa, therefore no e-mailed or faxed portfolios may be
accepted. No extensions will be granted. It is the responsibility of the student to
ensure that the file submitted is not corrupted and can be opened for marking.
2. You must submit this portfolio as Assessment 3 via myUnisa. When you receive
the portfolio, check whether your submission is open / available and let your
lecturers know immediately if your submission portal is not open.
3. The Declaration of Academic Honesty must be signed and included in the
submission of the portfolio examination.
4. Proper footnote referencing must be used. This entails that every argument or idea
taken from another source, or any piece of information utilised from another source,
needs to be provided with a separate footnote reference.
5. Long quotes from sources are not allowed. Students must summarise or paraphrase
arguments and ideas from sources in their own words. Short quotes must be
provided with quotation marks and with a corresponding footnote.
6. When answering questions, students are expected to make use of the study guide
as well as any other relevant source to answer the question. The study guide must
be referenced like any other source. These footnotes must adhere to the prescribed
, referencing style of the School of Law. In this regard, please read Tutorial Letter 301,
which is available under Official Study Material on myModules (myUnisa).
Remember that a Unisa study guide is referenced in the same way as a book.
Please include references in your portfolio, even when you are only referring to the
study material and the Constitution.
7. Use proper language and grammar and make use of full sentences. You must not
write using bullets and numbering. Rather provide a narrative consisting of a
coherent, logical, and consistent argument.
Question 1
Read the following article and then answer the questions below:
In the newspaper article written by Nico De Jager titled “Pride is a Heavy Price to
Pay”,1 the author talks about discrimination on the basis of sexual orientation.
According to this article:
“At least 20 LGBTQIA+ [lesbian, gay, bisexual, transgender, queer, intersex,
asexual plus] individuals were brutally killed across South Africa between February
and October [2021] when the country witnessed an increase in the number of
attacks against lesbians, gays and transgender people. Many of the victims were
beaten or stabbed to death. Evidently, these victims were targeted because of their
sexual orientation and gender identity.”
The article further indicates that:
“As a society firmly entrenched in patriarchy and misogyny, many South Africans
still perceive LGBTQIA+ individuals as inherently immoral and/or “un-African” and
therefore pay little attention to the violence that they endure daily. This is indicative
of the work that needs to be done in changing societal attitudes in our communities.”
1.1 Despite the rights of LGBTQIA+ having constitutional and legislative protection,
members of this community are still victimised in South Africa, with some critics
(as noted above) viewing homosexuality as immoral. One of the consistent
debates in legal philosophy has been the relationship between law and morality.
Discuss how legal positivists and natural-law philosophers view this relationship.
Your answer should not exceed 1000 words. (20)
1.2 Section 9 of the Constitution of the Republic of South Africa, 1996 prohibits
discrimination on the basis of sexual orientation. Moreover, the Civil Union Act
17 of 2006 recognises same-sex marriages. Keeping in mind the positivist theory
1
N de Jager, ‘Pride is a Heavy Price to Pay’ Mail & Guardian (25 June 2022)
https://mg.co.za/opinion/2022-06-25-pride-is-a-heavy-price-to-pay/> accessed 16 April 2024.
