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LJU4801 Assignment 3 Portfolio 2024 solutions
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- Legal Philosophy
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- University Of South Africa (Unisa)
LJU4801 Assignment 3 Portfolio/exam 2024 semester 1 solutions
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LJU4801: LEGAL PHILOSOPHYASSIGNMENT 03 (PORTFOLIO)
UNIQUE NUMBER:
773185
NAME & SURNAME:
STUDENT NUMBER:
MAY/JUNE
17 – 22 MAY 2024
Exam/Portfolio/ Assignment 3 Solutions semester 1 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
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.
of adjudication, is the South African position on homosexuality based on law or morality?
Discuss. Your answer should not exceed 750 words. (15)
[35]
Question 2
Read the following article and then answer the questions below:
In the newspaper article written by Maryna Lamprecht titled “Freedom of Speech also
Applies to Judges, Retired Judges”,2 the author reflects on the debate about judges
publicly expressing themselves on political issues. According to this article, the former
Minister of Justice and Constitutional Development, Mike Masutha, said:
“it was ‘concerning’ that “judges – especially retired judges – get involved in litigation against
the state and publicly express themselves on ‘outright political questions’”.
,2.1 Discuss objectivist theories on factors that constraint (influence) judges in their decision
making. Your answer should not exceed 750 words. (15)
2.2 Considering the factors that are seen to constrain judges based on your answer to the
question 2.1 above, discuss whether judges’ public comments on political issues pose
a threat to their objectivity in adjudicating political disputes. To answer this question,
refer to document “LJU4801 article 1”. Your answer should not exceed 750 words. (15)
[30]
Question 3
Read the following scenario and then answer the questions below:
In 2007, the Constitutional Court handed down judgment in the case of S v M 2007 (2)
SACR 539 (CC), which dealt with an appeal against a sentence of imprisonment.
Before setting aside and replacing this sentence with that of correctional supervision,
Sachs J remarked that:
“[72] To start with, her offer to repay the persons she defrauded appears to be genuine and
realistic. It would have special significance if she is required to make the repayments
on a face-to-face basis. This could be hard for her, but restorative justice ideally
requires looking the victim in the eye and acknowledging wrongdoing. There might be
practical problems in this case in ensuring that M meets individually with each of the
many persons she defrauded … . What matters is that in both a practical and
symbolical way M begins to restore a relationship that would otherwise remain
ruptured. For M herself this process of acknowledgement and reconciliation removes
the silent brand of criminality that imprisonment would bring and facilitates restoration
of trust and her reintegration into the community.”
2 M Lamprecht, ‘Freedom of Speech also Applies to Judges, Retired Judges’ City Press (10
December 2015) https://www.news24.com/citypress/news/freedom-of-speech-also-
applies-to- judges-retired-judges-20151210> accessed 16 April 2024.
3.1 The applicant offered to compensate victims of her crime. According to the court, such
compensation would have special meaning if made on a face-to-face basis. This would
enable her to acknowledge her wrongdoing by looking the victim in the eye and by
starting the process of restoring the damaged relationship. How is this method of
, dealing with crime similar to the African legal approach to law and conflicts? Discuss.
Your answer should not exceed 750 words. (15)
3.2 Discuss how the African legal approach to conflicts differs from the Western notion of
justice. Your answer should not exceed 500 words. (10)
[25]
Question 4
4.1 The African legal philosophy is based on the idea of communitarianism. Discuss
customary marriage as an institution that reflects this idea. Your answer should not
exceed 500 words. (10)
[10]
Total [100] © Unisa 2024
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