LJU4801 ASSIGNMENT 2 MEMO - SEMESTER 2 - 2023 - UNISA - (UNIQUE NUMBER: -) (DISTINCTION GUARANTEED) – DUE DATE:- 1 SEPTEMBER 2023
Question 1
Section 9 of the Constitution of the Republic of South Africa, 1996 prohibits discrimination on the basis of sexual orientation. Moreover, the Civil U...
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LJU4801
Legal Philosophy
ASSIGNMENT 2 MEMO
SEMESTER 2 - 2023
UNIQUE NUMBER: -
Due date: - 1st September 2023
Includes Footnotes and/or Bibliography
Question 1
Section 9 of the Constitution of the Republic of South Africa, 1996 prohibits discrimination on the
basis of sexual orientation. Moreover, the Civil Union Act 17 of 2006 recognises same-sex
marriages. Keeping in mind the positivist theory of adjudication, is the South African position on
homosexuality based on law or morality? Discuss. Your answer should not exceed 750 words.
(15)
NB: This question does not require you to discuss the Constitution or the Civil Union Act.
Question 2
Read the following scenario and then answer the questions set out below:
In 1997, the Constitutional Court handed down a judgment in the case of President of the Republic
of South Africa v Hugo 1997 (6) BCLR 708. In this case, the appellant (Hugo) challenged a special
remission of sentences granted by the president of the Republic of South Africa to certain
categories of prisoners, including all mothers in prison on 10 May 1994 with minor children under
the age of twelve (12) years.
Question continues…
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