HFL1501
Assessment 1
Second semester
Due date: 21 August 2024
, QUESTION 1
1.1 Specific system of law unofficially applied by certain communities but not
officially recognized:
One example is the application of witchcraft laws by certain communities, which is
not officially recognized in South African law.
1.2 Does South Africa have a hybrid legal system? Motivate your answer:
Yes, South Africa has a hybrid legal system. This is because it incorporates
elements from multiple legal traditions, including Roman-Dutch law, English common
law, indigenous African law, and more recently, constitutional law influenced by
human rights principles.
1.3 Two philosophies underpinning the universal component of South African legal
system:
The two philosophies are Natural Law and Positivism.
QUESTION 2
2.1 Historical Act containing the repugnancy clause:
The historical Act is the Black Administration Act 38 of 1927.
2.2 Does the repugnancy clause still apply in South African law today?
No, the repugnancy clause does not apply in South African law today. The clause
was intended to limit the application of indigenous law if it conflicted with Western
notions of justice. However, with the advent of the 1996 Constitution, which
recognizes and protects the application of indigenous law under the Bill of Rights,
the repugnancy clause has been rendered obsolete. Indigenous law is now applied
as long as it is consistent with the Constitution and does not violate fundamental
human rights.
QUESTION 3
3.1 One way in which the functions and method of working of the jurists of ancient
Rome differed from modern South African jurists:
Ancient Roman jurists primarily engaged in legal writing and advising, while modern
South African jurists are more involved in a broader range of functions, including
litigation, judicial decision-making, and academic work.
3.2 One way in which the functions and method of working of the jurists of ancient
Rome were similar to modern South African jurists:
Both ancient Roman jurists and modern South African jurists contribute to the
development of legal principles through their writings and interpretations of the law.
Assessment 1
Second semester
Due date: 21 August 2024
, QUESTION 1
1.1 Specific system of law unofficially applied by certain communities but not
officially recognized:
One example is the application of witchcraft laws by certain communities, which is
not officially recognized in South African law.
1.2 Does South Africa have a hybrid legal system? Motivate your answer:
Yes, South Africa has a hybrid legal system. This is because it incorporates
elements from multiple legal traditions, including Roman-Dutch law, English common
law, indigenous African law, and more recently, constitutional law influenced by
human rights principles.
1.3 Two philosophies underpinning the universal component of South African legal
system:
The two philosophies are Natural Law and Positivism.
QUESTION 2
2.1 Historical Act containing the repugnancy clause:
The historical Act is the Black Administration Act 38 of 1927.
2.2 Does the repugnancy clause still apply in South African law today?
No, the repugnancy clause does not apply in South African law today. The clause
was intended to limit the application of indigenous law if it conflicted with Western
notions of justice. However, with the advent of the 1996 Constitution, which
recognizes and protects the application of indigenous law under the Bill of Rights,
the repugnancy clause has been rendered obsolete. Indigenous law is now applied
as long as it is consistent with the Constitution and does not violate fundamental
human rights.
QUESTION 3
3.1 One way in which the functions and method of working of the jurists of ancient
Rome differed from modern South African jurists:
Ancient Roman jurists primarily engaged in legal writing and advising, while modern
South African jurists are more involved in a broader range of functions, including
litigation, judicial decision-making, and academic work.
3.2 One way in which the functions and method of working of the jurists of ancient
Rome were similar to modern South African jurists:
Both ancient Roman jurists and modern South African jurists contribute to the
development of legal principles through their writings and interpretations of the law.
