Exam (elaborations)
SCL1501 Assignment 1 2024 - Due 28 August 2024
- Institution
- University Of South Africa (Unisa)
SCL1501 Assignment 1 2024
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SCL1501ASSIGNMENT 1
DUE DATE: 26 AUGUST 2024
,SCL1501 ASSIGNMENT 1 2ND SEMESTER 2024
QUESTION 1
Connection Between the Freedom Charter and the Constitution of South Africa
The Freedom Charter, adopted in 1955 by the Congress of the People, is a seminal
document in the history of South Africa. It outlines the core values and aspirations of
the anti-apartheid movement, laying the groundwork for the eventual democratic
transformation of South Africa. The Constitution of South Africa, which was promulgated
in 1996, draws heavily from the ideals and principles espoused in the Freedom Charter.
Key Connections Between the Freedom Charter and the Constitution:
Equality and Non-discrimination:
The Freedom Charter famously declares that “South Africa belongs to all who live in it,
black and white,” and that all forms of racial discrimination and segregation shall be
abolished. Similarly, the Constitution of South Africa, in its Preamble and Chapter 1,
emphasizes the commitment to building a society based on democratic values, social
justice, and fundamental human rights. Section 9 of the Constitution, which is part of
Chapter 2 (the Bill of Rights), explicitly guarantees equality before the law and prohibits
discrimination on various grounds, including race, gender, sex, and religion.
Human Rights and Freedoms:
The Freedom Charter asserts that “The people shall govern!” and outlines various
freedoms, such as freedom of speech, freedom of the press, and freedom of
association. The Constitution's Bill of Rights encapsulates these ideals, protecting the
right to freedom of expression (Section 16), freedom of assembly (Section 17), and
freedom of association (Section 18). These rights are fundamental to the functioning of
a democratic society and reflect the Charter’s vision of a free and open society.
Land and Resources:
The Freedom Charter calls for the redistribution of land to those who work it and the
nationalization of mines, banks, and monopoly industries. While the Constitution does
not explicitly mandate nationalization, it provides for land reform and equitable access
to natural resources (Section 25). The Constitution aims to address the inequalities of
the past and ensure that all citizens benefit from the country’s resources.
Social and Economic Rights:
The Charter advocates for the right to work, education, and security. The Constitution
expands on these principles by including socio-economic rights in the Bill of Rights,
such as the right to housing (Section 26), health care, food, water, and social security
(Section 27), and education (Section 29). These provisions underscore the commitment
to improving the quality of life for all South Africans.
The Freedom Charter and the Constitution of South Africa are closely connected in their
vision for a just, equitable, and democratic society. The Constitution builds upon the
, foundations laid by the Charter, translating its principles into enforceable laws and
policies.
Question 2
a) Explanation of the Long Title of the Sea Transport Documents Act 65 of 2000
The Long Title of an Act provides a brief summary of the purpose and scope of the
legislation. For the Sea Transport Documents Act 65 of 2000, the Long Title indicates
that the Act aims to regulate the position of certain documents relating to the carriage
of goods by sea. This involves providing a legal framework for the handling, transfer,
and enforcement of rights and obligations associated with sea transport documents
such as bills of lading, sea waybills, and other similar documents. The Act also covers
related incidental matters to ensure the smooth functioning of maritime trade and
transport.
b) What is the Preamble of an Act?
The Preamble of an Act serves as an introductory statement that outlines the reasons
and objectives behind the enactment of the legislation. It provides context and explains
the intentions of the lawmakers in drafting the Act. The Preamble helps in interpreting
the provisions of the Act by highlighting the broader goals and principles that the
legislation seeks to achieve. It is not legally binding in the same way as the operative
sections of the Act, but it can be used as a guide for understanding the spirit and
purpose of the law.
c) Jane Doe, a first-year law student, is going through this Act. She comes across a
term in the Act the meaning of which she does not know. What is the first thing
that she should do in this instance? Give a reason for your answer.
If Jane Doe, a first-year law student, encounters a term in the Sea Transport Documents
Act (or any legal document) whose meaning she does not know, the first thing she
should do is refer to the definitions section of the Act.
Legal Precision: Statutes often have specific definitions that may differ from common
usage or definitions found in dictionaries. These definitions are crucial because they
ensure a consistent and precise understanding of terms within the context of the Act.
Contextual Relevance: The Act's definitions are tailored to its specific context and legal
framework. Referring to the definitions section, Jane will understand how the term is
used within the scope of this particular Act, which is essential for accurate interpretation
and application.
Avoiding Misinterpretation: Legal documents are carefully drafted, and even slight
misinterpretations can lead to significant misunderstandings. Consulting the definitions
section helps Jane avoid any potential misinterpretation of the term.
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