Exam (elaborations)
HFL1501 EXAMINATION : SEMESTER 2 - 2022
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This document contains solutions for hfl1501 portfolio/ examination. footnotes and bibliography included.
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HFL1501 OCTOBER 2022 EXAMINATIONNAME:
STUDENT NUMBER:
MODULE CODE: HFL1501
SUBJECT: HISTORICAL FOUNDATIONS OF SOUTH AFRICAN LAW
ASSESSMENT TYPE: PORTFOLIO/ TAKE HOME EXAMINATION
DUE DATE: 10 OCTOBER 2022
CONTENT PAGE
PART 1
The origins of South African law……………………………………………………..…..2-6
PART 2
Historical foundations and development of the law of property and obligations……6-12
PART 3
The role of the Constitution in South African legal development…………………… 13-15
Honesty declaration………………………………………………………………………15
Bibliography ………………………………………………………………………………16
Marking rubric………………………………………………………………………….…16
, PART 1 : The origins of South African law
QUESTION 1
1.1
1. Legislation.
2. Common law.
3. Custom.1
1.2. Netherlands.
QUESTION 2
2.1 The Black Administration Act 38 of 1927.2
2.2 yes. repugnancy proviso had outlived its usefulness and courts now apply
customary law subject to the Constitution and any legislation that specifically deals with
customary law. It was taken up in its entirety in the Magistrates’ Courts Act 32 of 1944
and eventually in the Law of Evidence Amendment Act 45 of 1988.
QUESTION 3
3.1
Daniels v Campbell NO and others
1
Department of jurisprudence, Historical Foundations of South African Law: Only Study Guide for
HFL1501 (Unisa Pretoria, 2019) 5.
2
Historical Foundations of South African Law 14.
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