SJD1501
ASSIGNMENT 7
2024
, NOTE
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This document includes:
1.)Helpful guidelines
2.)Explanations and/ or calculation
3.)Study-guide and /or text book references were
necessary
4.)All solutions to question in the document
GOOD LUCK
, SJD1501 Assignment 7 (COMPLETE ANSWERS)
Semester 2 2024 (643355)
1. In the case of H v W, Judge Nigel Willis had this to say "...The law has to
take into account changing realities not only technologically but also socially or
else it will lose credibility in the eyes of the people. without credibility, law
loses legitimacy. If law lose legitimacy, it loses acceptance, If it loses
acceptance, it loses obedience. It is imperative that the courts respond
appropriately to changing times, acting cautiously and with wisdom.
The statement by Judge Nigel Willis highlights the importance of the legal
system adapting to changing realities, both in terms of technology and societal
norms. Here are some key points from his statement:
1. Adapting to Changing Realities: Judge Willis emphasizes that the law
should evolve to reflect not only technological changes but also shifts in
social norms. This is important to ensure that the legal system remains
relevant and effective.
2. Credibility and Legitimacy: He suggests that the credibility of the legal
system is closely tied to its ability to adapt. If the law fails to keep up
with changing realities, it can lose credibility in the eyes of the people.
When the law loses credibility, it can also lose its legitimacy.
3. Importance of Legitimacy: Legitimacy is crucial for the legal system
because it affects how the law is perceived and followed by the public.
When the law is seen as legitimate, it is more likely to be accepted and
obeyed.
4. Responsibility of the Courts: Judge Willis implies that it is the
responsibility of the courts to respond appropriately to changing times.
This suggests that the judiciary plays a key role in interpreting and
applying the law in a manner that reflects current societal and
technological conditions.
5. Caution and Wisdom: He also emphasizes the importance of the courts
acting cautiously and with wisdom when responding to these changes.
This implies that the legal system should evolve in a thoughtful and
deliberate manner, taking into account the potential consequences of
legal changes.
In summary, Judge Nigel Willis' statement underscores the need for the legal
system to adapt to changing realities to maintain its credibility, legitimacy,
acceptance, and obedience in society. It highlights the role of the courts in this
process and calls for a balanced and considered approach to legal evolution.
, Assignment 07
Name: Vuyolwethu Mhlaba
Student number: 68976909
Module name: Social Dimensions of Justice
Module Code: SJD1501
Due Date: 7 June 2024
, Question 1
1. Social media platforms play a progressively imperative part in social life,
communication, and dissemination of data. They unavoidably touch upon the
lives of most individuals, with judges being no exception. However, given the
nature of the judicial office, the use of social media by judges raises concerns.
Usually, the way judges utilize social media may influence the public’s
discernment of judges and certainty within the legal frameworks and can lead
to situations where judges are seen to be biased. The right to privacy is
protected by s14 of the Constitution of the Republic of South Africa, 1996 and
the Protection of Personal Information Act. The Act recognizes the right to
privacy enshrined in the Constitution.
2. Social media is a public platform and everyone using it, just as in real life, has
the right to not be defamed by someone else or subjected to hate speech.
Section 16(1) of the Constitution of the Republic of South Africa sates that
everyone has a right to freedom of expression. However, this right can be
limited in terms of the limitation clause provided in section 36 of the Constitution
which states that, “the rights in the Bill of Rights may be limited only in terms of
law of general application to the extent that the limitation is reasonable and
justifiable in an open and democratic society based on human dignity, equality
and freedom”. Promotion of Equality and Prevention of Unfair Discrimination
Act puts a strict prohibition on hate speech. No person may publish, circulate,
promote, or communicate words based on one of the prohibited grounds,
against any person, if these words can be interpreted to demonstrate a clear
intention to either harmful or to incite harm; or to promote or broadcast hatred.
3. Social media promotes a kind of independence whose result contains a
coordinated effect on how racism and despise discourse is articulated online. It
is additionally influencing how we get to hate discourse. In social media, a racist
comment does not characterize the person. Taking after a bigot comment, the
client will not fundamentally see his or her account closed, but their comment
will be blocked, quieted, hushed, or erased. In computerized situations, we are
associated with people, but we are isolated in a consistent display. Social media
has advanced prejudice on a better indent with all sorts of racial isolation been
advanced on social media stages such as Twitter, Facebook, Instagram.
Question 2
The key consequences of procurement corruption on service delivery are as follows,
corruption affects the quality of services offered to the citizens, corruption diverts
government revenues, corruption affects the economic growth of the country, it leads
to loss of confidence in public officials, and it also breeds impunity and dilutes the
public. It can be concluded that making guilty officers refund, improvement in
accountability and transparency, strong and independent judiciary revision of laws and
acts on procurement and inception of e-procurement systems might be the measures
to be taken to eradicate public procurement corruption to provide optimum service
ASSIGNMENT 7
2024
, NOTE
Get fueled up with GeniusGears
Unique #
This document includes:
1.)Helpful guidelines
2.)Explanations and/ or calculation
3.)Study-guide and /or text book references were
necessary
4.)All solutions to question in the document
GOOD LUCK
, SJD1501 Assignment 7 (COMPLETE ANSWERS)
Semester 2 2024 (643355)
1. In the case of H v W, Judge Nigel Willis had this to say "...The law has to
take into account changing realities not only technologically but also socially or
else it will lose credibility in the eyes of the people. without credibility, law
loses legitimacy. If law lose legitimacy, it loses acceptance, If it loses
acceptance, it loses obedience. It is imperative that the courts respond
appropriately to changing times, acting cautiously and with wisdom.
The statement by Judge Nigel Willis highlights the importance of the legal
system adapting to changing realities, both in terms of technology and societal
norms. Here are some key points from his statement:
1. Adapting to Changing Realities: Judge Willis emphasizes that the law
should evolve to reflect not only technological changes but also shifts in
social norms. This is important to ensure that the legal system remains
relevant and effective.
2. Credibility and Legitimacy: He suggests that the credibility of the legal
system is closely tied to its ability to adapt. If the law fails to keep up
with changing realities, it can lose credibility in the eyes of the people.
When the law loses credibility, it can also lose its legitimacy.
3. Importance of Legitimacy: Legitimacy is crucial for the legal system
because it affects how the law is perceived and followed by the public.
When the law is seen as legitimate, it is more likely to be accepted and
obeyed.
4. Responsibility of the Courts: Judge Willis implies that it is the
responsibility of the courts to respond appropriately to changing times.
This suggests that the judiciary plays a key role in interpreting and
applying the law in a manner that reflects current societal and
technological conditions.
5. Caution and Wisdom: He also emphasizes the importance of the courts
acting cautiously and with wisdom when responding to these changes.
This implies that the legal system should evolve in a thoughtful and
deliberate manner, taking into account the potential consequences of
legal changes.
In summary, Judge Nigel Willis' statement underscores the need for the legal
system to adapt to changing realities to maintain its credibility, legitimacy,
acceptance, and obedience in society. It highlights the role of the courts in this
process and calls for a balanced and considered approach to legal evolution.
, Assignment 07
Name: Vuyolwethu Mhlaba
Student number: 68976909
Module name: Social Dimensions of Justice
Module Code: SJD1501
Due Date: 7 June 2024
, Question 1
1. Social media platforms play a progressively imperative part in social life,
communication, and dissemination of data. They unavoidably touch upon the
lives of most individuals, with judges being no exception. However, given the
nature of the judicial office, the use of social media by judges raises concerns.
Usually, the way judges utilize social media may influence the public’s
discernment of judges and certainty within the legal frameworks and can lead
to situations where judges are seen to be biased. The right to privacy is
protected by s14 of the Constitution of the Republic of South Africa, 1996 and
the Protection of Personal Information Act. The Act recognizes the right to
privacy enshrined in the Constitution.
2. Social media is a public platform and everyone using it, just as in real life, has
the right to not be defamed by someone else or subjected to hate speech.
Section 16(1) of the Constitution of the Republic of South Africa sates that
everyone has a right to freedom of expression. However, this right can be
limited in terms of the limitation clause provided in section 36 of the Constitution
which states that, “the rights in the Bill of Rights may be limited only in terms of
law of general application to the extent that the limitation is reasonable and
justifiable in an open and democratic society based on human dignity, equality
and freedom”. Promotion of Equality and Prevention of Unfair Discrimination
Act puts a strict prohibition on hate speech. No person may publish, circulate,
promote, or communicate words based on one of the prohibited grounds,
against any person, if these words can be interpreted to demonstrate a clear
intention to either harmful or to incite harm; or to promote or broadcast hatred.
3. Social media promotes a kind of independence whose result contains a
coordinated effect on how racism and despise discourse is articulated online. It
is additionally influencing how we get to hate discourse. In social media, a racist
comment does not characterize the person. Taking after a bigot comment, the
client will not fundamentally see his or her account closed, but their comment
will be blocked, quieted, hushed, or erased. In computerized situations, we are
associated with people, but we are isolated in a consistent display. Social media
has advanced prejudice on a better indent with all sorts of racial isolation been
advanced on social media stages such as Twitter, Facebook, Instagram.
Question 2
The key consequences of procurement corruption on service delivery are as follows,
corruption affects the quality of services offered to the citizens, corruption diverts
government revenues, corruption affects the economic growth of the country, it leads
to loss of confidence in public officials, and it also breeds impunity and dilutes the
public. It can be concluded that making guilty officers refund, improvement in
accountability and transparency, strong and independent judiciary revision of laws and
acts on procurement and inception of e-procurement systems might be the measures
to be taken to eradicate public procurement corruption to provide optimum service
