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Exam (elaborations)

CLA1503 ASSIGNMENT 1 2024

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  • March 23, 2024
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  • 2023/2024
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UNISA  2024  CLA1503-24-S1  Welcome Message  Assessment 1

QUIZ




Started on Saturday, 16 March 2024, 1:18 PM
State Finished
Completed on Saturday, 16 March 2024, 2:04 PM
Time taken 46 mins 23 secs
Marks 10.00/10.00
Grade 100.00 out of 100.00


Question 1
Correct

Mark 1.00 out of 1.00




Which ONE of the following is the supreme law of South Africa?




1. English law

2. Roman Dutch law

3. statute law

4. the Constitution 




Your answer is correct.

FEEDBACK
(Chapter 1: introduction)

4 is CORRECT. The Constitution is the supreme law of South Africa. It applies to all law, and binds natural and juristic
persons, the legislature, the executive and all other organs of the state.
1 is INCORRECT. English law is indeed a source of South African law, but not the supreme law. When the Cape was ceded to
Great Britain in 1814, the South African legal system then in operation, was influenced by English law.

2 is INCORRECT. Roman Dutch law is one of the sources of South African law, but not the supreme law. Roman law was
gradually received in the Netherlands and became mixed with the existing Dutch customary law, and Roman-Dutch law
resulted from this process. Jan Van Riebeeck brought this Roman Dutch law to the Cape in 1652, when he established a
settlement here.

3 is INCORRECT. Statute law is also known as legislation. It is the most important source of law, enacted by parliament and
provincial legislatures, and includes proclamations, regulations and by-laws enacted by subsidiary legislative bodies such as
the State President, ministers and municipalities. But statute law is not the supreme law of South Africa, as any legislation
that is contrary to the provisions of the Constitution could be declared unconstitutional.


The correct answer is:
the Constitution

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