HFL1501 portfolio_ Exam 2021.

HFL1501 portfolio_ Exam 2021. Historical Foundations Of South African Law. Answer the following questions regarding the activities of the Roman jurists during the Principate period: 3.1 Name two of the functions that the Roman jurists performed during this period. (2) 3.2 The work of the Five Great Roman jurists was important because it comprised twothirds of the jurists’ writings that were codified in the Corpus Iuris Civilis. Name one of the Five Great Roman jurists. (1) [3] QUESTION 4 Name one difference between the study method of the glossators and that of the postglossators. (2) [2] QUESTION 5 Answer the following questions regarding the reception of English law in South Africa after the promulgation of the First and Second Charters of Justice in 1828 and 1834: 5.1 Explain, in your own words, how the judiciary contributed to the reception of English law at the Cape in the years following the promulgation of the Charters of Justice. (1) 5.2 What was the name of the Cape court that replaced the Raad van Justitie? (1) [2] QUESTION 6 Answer the following questions regarding external legal historical events that impacted on the development of South African law: 6.1 Which world-renowned lawyer led a passive-resistance campaign against the pass laws by the Indian community in the Transvaal in 1906? (1) 6.2 Which event took place on 21 March 1960, in which the police killed sixty-nine protesters participating in a non-violent demonstration against the pass laws? (1) 6.3 Which historical document, adopted on 26 June 1955 at Kliptown in Soweto, articulated democratic principles inspired by the Universal Declaration of Human Rights, and has been regarded as the blueprint for a democratic South Africa? (1) [3] 7 QUESTION 7 Which approach to the principle of constitutionalism was followed by the 1983 Constitution of the Republic of South Africa? (1) [1] [Total Part 1: 25] PART 2 (40 marks) Historical foundations and development of the law of property and obligations QUESTION 8 8.1 Read the following statement and answer the question that follows: It is no longer correct to refer to the constitution currently in force in South Africa as the “Constitution of the Republic of South Africa Act 108 of 1996”. Explain why this statement is true. (1) 8.2 Explain, in your own words, how the Constitution guides the transformative constitutional project in South Africa. (2) [3] QUESTION 9 Answer the following questions regarding the law of property: 9.1 Explain, in your own words, the difference between the original and derivative modes of acquisition of ownership. (2) 9.2 Sibongile is the owner of a cow. She discovers that it has foot-and-mouth disease and decides to abandon the animal by the side of the road, because she does not want it to infect the rest of her herd. The next day, Florence walks by, sees that the cow is unaccompanied, and decides to take it home with her. Can Florence legally become the owner of the cow? Explain your answer. (3) 8 9.3 Explain, in your own words, what a limited real right is. Also provide one example of such a right. (3) 9.4 Read the media summary of the Supreme Court of Appeal (SCA) case of Sandvliet Boerdery (Pty) Ltd v Maria Mampies & another (107/2018) [2019] ZASCA 1001 that is included at the end of this exam question paper in Annexure A, and answer the questions below. These questions test your understanding of the contents of the entire Study Guide. It is not necessary to read the entire judgment, neither are you required to do any additional research on this case. Read only the media summary below. (a) In this case, the applicant (Sandvliet Boerdery (Pty) Ltd) argued that they did not have to allow the respondents access to the farm to bury their family members, because the Extension of Security of Tenure Act 62 of 1997 (ESTA) required that the deceased should have resided on the property in question before their death. The Supreme Court of Appeal (SCA) rejected this argument. Do you think the Court made the correct decision? Provide a reason for your answer, and base your answer on your understanding of the constitutional development of the law of property, as discussed in the Study Guide. (2) (b) Name three fundamental rights entrenched in Chapter 2 of the Constitution that the SCA protected with their decision in this judgment. (3) (c) In this case, the SCA ruled that the drafters of ESTA would not have intended to deprive the deceased of the right to be buried with her ancestors. Do you agree with the statement that the Court adhered to the principles of transformative constitutionalism? Provide a reason for your answer.