Faculty of Law

Department of Public Law and Jurisprudence

Module Outline

INTRODUCTION TO LAW 121

ILL121

………………………………
Dr M Sulaiman
July 2020
Dear student

Welcome to Introduction to Law 121.

Congratulations to all of you who passed Introduction to Law

111. For those of you who did not make it, you have another
bite at the cherry during the make-up period from December
2020 to January 2021. You have already been informed of the
process. Should anything be unclear, please communicate with
me sooner rather than later.

Needless to say, the COVID 19 pandemic is still with us and is

not expected to dissipate by year-end. This being so, it is
anticipated that there will not be any contact lectures for the
rest of the year. Lectures will accordingly take place online as
per the schedule indicated below.

You are urged to continue to apply yourself assiduously to your

studies and to contact me as soon as you experience any
problem that may impact on your work.

With those words, I wish to welcome you to Introduction to

Law 121. It is a second semester module in the first year of
the LL.B programme. Usually the module content would be
presented in a package of three contact lectures per week.
However, these not being normal times, we will follow a
programme of online lectures.

Included herewith is the Module Outline which you must follow

in conjunction with the CORE NOTES - accessible on IKAMVA
the University of the Western Cape’s eLearning portal - in order
to prepare for lectures and for module assessments. Note that
additional module information and/or messages may be placed
on the IKAMVA platform from time to time, so check the
website regularly to keep abreast of matters.

Page 2 of 28
 TABLE OF CONTENTS

CONTENTS PAGE
PART A: GENERAL INFORMATION 4

1. Teaching staff and Contact Times 4

2. Module Overview and Aims and Objectives 5-6
3. Reading material 6
4. Important dates 7

PART B: LEARNING and TEACHING 7

5. Methodology 8-10
6. Guidelines to answering questions 10-13
7. Module Content Schedule 13

PART C. ASSESSMENTS 14
8. Graduate Attributes, Learning Outcomes 15-16
and Assessment
9. Assessments 17-18
10. Final Mark 18
11. Not coping? 18-19
12. The lecturer 19-20
13. Assessment Rubric 20-21
14. Module Content Schedule 22-28
PART A: GENERAL INFORMATION

The Introduction to Law 121 module is located in the Department of Public Law and
Jurisprudence. The Head of the Department (HOD) is Professor W Scholtz, room no. 206,
Law Faculty Building, tel. no 959-3442, e-mail wscholtz@[Link].

Page 3 of 28
It is offered in the second semester module of the first year of the LL.B degree programme.
Students are required to participate in all the online sessions as well as in the online tutorial
sessions. See further points 5 and 9 below.

Students will be required to participate in all

1. TEACHING STAFF AND CONTACT TIMES

Lecturer and Dr Mubarak Sulaiman

module coordinator
Room and building Room 212, Department of Public Law and Jurisprudence, 2 nd Floor,
Faculty of Law Building
Phone number 021 959 3318
Email msulaiman@[Link]
Graduate Cheslyn Ceaser 3514271@[Link];
Lecturing Unathi Mpikwa 3550187@[Link];
Assistants (GLAs) Vonschell Adams 3686641@[Link]

Their contact information will be furnished in due course.

Departmental Ms L Thomas, Room 204,
Secretary lthomas@[Link]
021 959 2171.
Online Lecture Day Time
times* Mondays 11h00-12h00
Tuesdays 11h00-12h00
Thursdays 11h00-12h00

These dates and times are subject to change and will be

communicated to you during the semester. The nature of the
online lecture (be it a voice recording or an online forum chat will
also be communicated to you during the semester.)
Consultation times You may email me between 10h00 – 15h00 from Monday to
Thursday.

See further point 12 below.

2. MODULE OVERVIEW AND AIMS AND OBJECTIVES

In this module, you will be introduced to law as a discipline and you will be given a general
overview of the South African law and legal system in a socio-political context. It must be
recognised that the law does not exist in isolation but functions as an embodiment of the
hopes and aspirations of the people it serves. Thus, the socio-political context within which
Page 4 of 28
it operates will necessarily have an impact on the law. In South Africa, the Constitution of
the Republic of South Africa 1996 is the apex law and stands at the centre of law and legal
development. It provides the foundation and the framework within which recognition may
be given to the prevailing socio-political climate. All existing and future law must conform to
the fundamental norms and values encapsulated in the Constitution. Section 39 of the
Constitution provides that all principles of existing legislation, common and customary law
must be interpreted and applied with due regard for the spirit and objectives of the
Constitution which embodies the aspirations and ideals of the new democratic legal order
and the values that underlie an open and democratic society based on human dignity,
equality and freedom must be promoted. Section 39, therefore, brings to the fore the
importance of transformation through, inter alia, the cross-cutting themes of
constitutionalisation, Africanisation and decolonization, notions that will be addressed in
the module. In addition, cognisance will be had of globalisation and the digitalisation of
society as part of the broader context in which law operates. This module will focus
specifically on the history and content of private law, public law, mercantile law, criminal
law, procedural law and the legal profession in a post-colonial context.

In Study Unit 4 of ILL 111/100 (Kleyn & Viljoen, Chapter 4) we covered the distinction
between:

(I) Substantive Law (material law) and Procedural Law.

We learnt that the two are interdependent in that Procedural Law determines the
manner in which a case must be practically handled when a legal rule (of Substantive
Law) has allegedly been violated.

(II) Criminal Procedure, Civil Procedure and the Law of Evidence as components of
Procedural Law.

(III) Public and Private Law as components of Substantive Law.

In this regard, we learnt that:

(a) Public law determines the extent of state authority, regulates the
organisation of the state, and regulates the relation between different state
organs and between the state and its subjects.

(b) Private law regulates relationship between persons, determines the rights
and duties that persons may have towards one another - origins may be
found in contracts, family law, law of delict etc. – and that the State is also
sometimes involved in private law matters.

(c) With reference to the interdependence between Substantive Law and

Procedural Law, referred to in point (I) above, we focused briefly on the
interrelationship between Private Law and the Law of Civil Procedure and the
Law of Evidence. In Public Law, we considered the interrelationship between
Page 5 of 28
 Criminal Law and the Law of Criminal Procedure and the Law of Evidence.

The above aspects as well as the court structure and alternative dispute resolution as well as
key aspects of the legal profession will form the foundation of this module.

It must also be noted that the module is aligned to the outcomes for the LL.B programme
and the University of the Western Cape’s Charter on Graduate Attributes. In particular, the
aims of the module are, inter alia:

[Link] the possibilities and limits of social transformation

through the Africanisation, decolonisation and
constitutionalisation of South African law
[Link] the different divisions of South African law
[Link] the subdivisions and other areas of the law
[Link] selected legal concepts in light of their broader contexts
[Link] the role played by private law
[Link] how the business world functions and operates with
reference to the role played by mercantile law
[Link] and discuss the various procedures to be found in civil
procedure
[Link] the role played by criminal law
[Link] and discuss the various procedures to be found in criminal
procedure
10. Identify the role played by the law of evidence
11. List and compare the differences between courts and
Appropriate Dispute Resolution
12. Discuss the role played by the legal profession

Note that because the Constitution will play a pivotal role in our discussions, you are
required to obtain a copy of the Constitution which is available online.

3. READING MATERIAL
A. PRESCRIBED MATERIAL:
(1) Kleyn D & Viljoen F Beginner’s Guide for Law Students, 5th edition, 2018, Juta
(hereafter Kleyn & Viljoen).
(2) The core notes on IKAMVA as well as any other reading material that may be
prescribed from time to time.
(3) All the prescribed cases.

B. RECOMMENDED MATERIAL:
(1) Meintjies-Van der Walt, L (ed) Introduction to Law: Fresh Perspectives, 3rd
edition, 2019, Pearson (hereafter Fresh Perspectives).

4. IMPORTANT DATES
A. UNIVERSITY CALENDAR
CLASSES: Monday, 27 July - 23 October.
VACATION: Friday, 5 September - Sunday, 12 September.

Page 6 of 28
 LECTURES END: Friday, 23 October.
EXAMS COMMENCE: Wednesday, 28 October.
TERM ENDS: Friday, 13 November.

B. ILL121 CALENDAR
A. TUTORIALS (Diarise the dates)
Number 1: Friday, 7 August.
Number 2: Friday, 21 August.
Number 3: Friday, 4 September.
Number 4: Friday, 25 September.
Number 5: Friday, 2 October.
Number 6: Friday, 9 October.

In light of the fluidity surrounding the COVID 19 pandemic, these dates are
subject to change. We shall try our best to give you timeous notice of any
such change.

B. TESTS (Diarise the dates)

(i) Test 1: Friday, 28 August: Time to be confirmed
(ii) Test 2: Wednesday, 30 September: Time to be confirmed
(iii) Test 3: Friday, 16 October: Time to be confirmed

C. EXAMINATIONS
Dates and times will be made available by the university.

===========================================================

PART B: LEARNING and TEACHING

Introduction to Law 121 is a 15-credit module which equates to 150 notional learning
hours/time. A ‘learning hour,’ in terms of the National Qualifications Framework, refers to
the amount of learning the ‘reasonable student’ can be expected to do in an hour.

The 150 notional learning hours/time is made up as follows:

(i) Contact time with lecturer/GLA = 45 hours
(ii) Assignments & tasks: = 54 hours
(iii) Assessments = 6 hours
(iv) Self-study = 45 hours

NOTE:
1. Contact will be in the form of online communication.
2. The above is not cast in stone. You should organise your learning hours/time to suit
your particular needs. Thus, you may decide to spend more time preparing for

Page 7 of 28
 lectures the one week and more time preparing for a test the next week. In this
regard it is imperative that students use part of their learning time to consult with
their lecturer about module-related questions or issues. See further point 12 below.
3. Your success or failure is directly proportional to your input, that is, your
preparation for and attendance of lectures, and doing the requisite preparation for
the assessments.

Guide:

1 The key focus or purpose of this module Introduction to Law 121 serves to
introduce you to law as a discipline
and to provide you with a sound
general understanding of the legal-
theoretical basis of the South African
law and legal system.
2 How this module prepares students for subsequent Introduction to Law 121 lays the
modules foundation for the modules that you
will encounter in the LL.B programme.
Many of the concepts and principles
studied here will be revisited and
expanded upon in your LL.B studies.

3 How this module relates to the Though located within the

degree/discipline/programme/s Department of Public Law and
Jurisprudence, this module informs
your entire law studies and future
career.

5. METHODOLOGY – LECTURES AND TUTORIALS

(A) Lectures:
Though online lectures will be given, you will be required to participate in online forum
discussions flowing from the lectures or from the prescribed reading and also to answer
questions pertaining thereto. Lectures and tutorials are compulsory and you will be
expected to come fully prepared. This means that you must, not only, have read and
digested all the material prescribed for a particular STUDY UNIT, but also, have done your
own research and thinking about the issues.

I will make use of CORE NOTES (accessible on IKAMVA) which roughly correlate with the
academic weeks in the second semester. These will form the basis for my lectures.

Page 8 of 28
The core notes which are aligned to the STUDY UNITS clearly indicate the topics to be
covered as well as the text-book and case references, as well as other useful references to
enable you to comply with the expectations of the module. Specific objectives are given at
the end of each part.

Note that the core notes, consists mainly of brief points/notes, are not enough to pass the
module. It is therefore imperative that you:
(i) Attend and participate in the online lecture/discussions.
(ii) prepare fully for each online lecture/discussions lecture and; and
(iii) take notes during the online lecture/discussions. You must then, as soon as
possible after the online lecture/discussions, and with reference to the
prescribed textbooks, cases and your notes, construct a full set of notes,
using the core notes as an outline. Of course, you will make this whole
process easier for yourself if you have prepared for the online
lecture/discussions by doing the prescribed reading. As already mentioned,
the prescribed reading is clearly set out in the core notes. You may use the
information in point 6 as a guideline when writing up your own notes.

A word of caution – do not rely on the notes of friends. These notes more
often than not create problems of their own. What may be self-explanatory
to your friend may be obscure to you; hence he/she will not emphasise in
his/her notes or even write down that which you would have considered
important had you attended class and vice versa.

It may become necessary to prescribe additional cases and/or other reading material from
time to time. This information and other information will be made available on the IKAMVA
platform. It is your duty to ensure that you keep abreast of these developments.

Note that all the prescribed material and cases are examinable. In summary, you will be
required to:
1. attend all online lecture/discussions and tutorials;
2. be fully prepared; and
3. read and digest all the material prescribed prior to the lecture, especially the cases.

(B) Tutorials:
Six tutorials are scheduled for the semester. These tutorials will be conducted online. There
will be an online assessment in each tutorial. Details of the format of each tutorial and
assessment will be provided timeously. The marks you obtain will be used for calculating
your Continuous Assessment Mark. See further point 9 below.

The tutorials will take the form of discussions around prescribed topics and will be
conducted by the GLAs. The tutorials are designed to encourage you to develop your
communication skills. They provide a forum for students to acquire and/or enhance, inter
alia, the skill of debating issues in a constructive, rational, analytical and logical manner.
These skills will, not only, assist you in the test and examination arena, but will also be
invaluable in whichever career-path you may choose.
Page 9 of 28
Attendance is compulsory. An attendance register will be kept of each tutorial session.
Where a tutorial session falls on a public holiday, a notice giving details of make-up tutorials
will be posted on the IKAMVA platform.

You must be fully prepared for the tutorial and you will be expected to participate in the
online discussions. Use the guidelines in point 6 when preparing for tutorials. Preparation
involves reading and digesting the prescribed material. The cases prescribed for the
tutorials will not necessarily be dealt with in the lecture. You must read the relevant
case(s) prior to the tutorial.

NOTE:
(1) Attendance of online lectures/discussions and tutorials is of the utmost importance.
(2) Your module outline and core notes are not ornaments. They constitute the essence of
the tools which you must utilise to master the module. You are therefore meant to use
these tools.
(2) Using it means to open the tools and to find information and guidance therein.
(3) For example, when you are preparing for a lecture or writing up your notes, you must
use your core notes as the core framework. It will refer you to the relevant pages in
textbooks and it will also refer you to the cases, which you must read. I should not have to
tell you to read this, that or the other case or section of a textbook etc. This information is
clearly indicated in the core notes.
(4) In constructing your notes / answers you must:
(i) use the following: the core notes, the cases, your lecture notes, the prescribed
textbook and one or more of the recommended textbooks; AND
(ii) articulate yourself logically, precisely, and concisely. Remember that language
is to a lawyer what a scalpel is to a surgeon. If the surgeon uses the scalpel
incorrectly, then the patient may die. From that it follows that if a lawyer uses
language incorrectly, the case may be lost; AND
(iii) provide proper reasons for your answer / conclusions; AND
(iv) rely on proper authority. This may include the constitution, cases, legislation, our
common-law writers, and international conventions.

6. GUIDELINES TO ANSWERING QUESTIONS

You have learnt at school that an essay/composition must consist of an Introduction, Body
and Conclusion. The same applies in law. Any answer should consist of those three
elements.

Your Introduction should identify the legal question and indicate the direction the answer is
going to take. It should consist of points 1 and 2 below. The Body of your answer should
contain a discussion of the main principles of law, the authorities on which you rely and
your legal argument. It should consist of points 3 and 4 below. When discussing a case, the
ratio decidendi (reason for the court’s decision) must be given. The maxim, “He/she
knoweth not the law who knoweth not the reasons thereof” will apply to those who do
not do so. In this regard also note the wisdom contained in the quotation below:
Page 10 of 28
Your conclusion should consist of point 5 below.

“In any matter in which real and substantial issues are raised, it is
difficult to see how any judgment fulfils its basic function without
reasons. The reasons for a judgment are the essence of that
judgment. It is the reasons, more than any order that follows a
judgment, which provide the cogency and persuasive force behind the
judgment, which demystify the operation of the law and the role of
the courts, and which give a judgment what was once described by
Mahomed CJ in a public address as ‘the real and ultimate power of the
judiciary’. However correct a judgment may be, it cannot
communicate itself to ‘the minds and hearts’ of the litigants without
reasons.”

- Zulu v Minister of Defence & Others 2005 (6) SA 446 (T), 453F—454A.

The following may be used as a guide for the writing of tests, and examinations. You could
also use it with a few modifications when writing up your own notes.

STEP 1: Identify the factual issue.

(Often litigants have long and convoluted stories. As a legal practitioner it will be your task
to synthesise the facts and identify crux of the factual dispute between them. Only then will
you be able to correctly identify the legal issue/dispute (Step 2) between them. Having done
that, you will then be able to apply the correct legal principles to solve the dispute (Steps 3
and 4). It goes without saying that if you identify the legal issue/dispute incorrectly then you
will use the wrong legal principles, resulting in an incorrect answer.

For the sake of convenience, let’s assume that the facts (in a fictitious matter) can be
summarised as follows: “This matter concerns reduced to a dispute between two
neighbours relating to the noise made by the one neighbour who conducts a very noisy 24
hour panel-beating business that operates throughout the day and night.” (Note the facts
must be a succinct/brief but accurate summary of the dispute. Also note that when
summarising a case, you also need to be as precise and concise as possible in relating the
relevant facts of the case.)

STEP 2: Identify the legal issue / question of law:

The question of law here would be whether or not the conduct complained of (that is, the
noise) amounts to a nuisance. (Once again a very brief statement is all that is necessary.)
Page 11 of 28
STEPS 1 and 2 would be your introduction.

STEP 3:Explain the relevant law:

The following approach may be followed:
(a) Usually one would commence with a definition or brief explanation of the legal
issue you identified. If the question concerns nuisance as in Step 2 above one would
give a definition of nuisance.
(b) Thereafter you would explain the test for nuisance.
(c) The next step would be to discuss all relevant cases and/or
legislation/constitution. These are known as the primary sources of law.
(d) If there are any journal articles or textbook comments, which have a bearing on
the legal question, then these have to be discussed as well. These are known as
secondary sources of law.

In this context, the phrase “all relevant cases” means:

(1) You have to discuss at least one case where the test was applied.
(2) If there are two or more cases where the courts have adopted different
approaches on more or less the same set of facts, then these cases have to be
discussed.
(3) In discussing the cases you need to:
(i) identify the facts extremely briefly;
(ii) state the question of law in the case – in most cases it will be the same as the
question of law in the question you have to answer;
(iii) state and explain the rule of law applied by the court;
(iv) explain how the court applied the test to the facts of the particular case;
(v) state and explain the court’s conclusion;
(vi) if the court differed from an earlier decision you have to explain the basis on
which the court arrived at the different conclusion.

STEP 4: Apply the law to the facts:

You have already identified the relevant facts in the question in Step 1. Now you need to
apply the law as explained in Step 3 above to the facts. Put it differently, you MUST explain
whether or not each of the legal requirements / elements of the test has been met in the
facts in the question / scenario.

STEP 5: Arrive at a conclusion

The final step would be to arrive at a conclusion with reference to what you did in Step 4
above. Please, you must motivate your answer / conclusion. In other words, you must
support your answer / conclusion with reference to the law. You cannot simply conclude
that a nuisance has or has not been committed. You must follow Step 4 in order to arrive at
such a conclusion.
Page 12 of 28
7. MODULE CONTENT SCHEDULE

The Module Content Schedule below consists of a brief synopsis of the STUDY UNITS to be
covered. These STUDY UNITS are fleshed out in the Core Notes on IKAMVA which provide
more guidance to the study thereof.

The Core Notes also contain a variety of self-assessment questions that you can use to
prepare for the discussion sessions, tutorials as well as for tests and examinations.

===========================================================

Page 13 of 28
 PART C: ASSESSMENTS

8. GRADUATE ATTRIBUTES, LEARNING OUTCOMES AND ASSESSMENT

UWC Faculty of Law Charter of Graduate Attributes and Attitudes

UWC LLB graduates will be critical thinkers, skilled communicators and responsible and proficient
citizens with a profound understanding of the role of the Constitution in transforming the law and
society, as well as a keen understanding of their roles and ethical duties in realising this
transformation.

UWC LLB Graduates will:

1. Have a comprehensive and sound knowledge and understanding of South African and
relevant international law, with a keen understanding of the evolving nature of law, the
transformative role of the SA Constitution in evolving law and society and a keen awareness
of our African context.

2. Be equipped with:

a. the skills to conduct research through identifying, evaluating, selecting, and

analysing relevant information sources using multimodal literacies in order to
produce appropriately referenced and competently argued texts.

b. the numeracy skills required to perform basic numeracy tasks related to the fields /
practice of law.

3. Be critical and innovative thinkers and problem solvers, with the ability to evaluate and
analyse legal texts and scenarios, identify problems, question assumptions, challenge
current positions, make critical judgments and identify potential different approaches and
solutions to problems.

4. Be able to work independently and in collaboration with others within and across
disciplinary boundaries, integrating individual efforts into collaborative efforts to solve legal
problems and address the needs of diverse communities.

5. Be responsible members of their legal, social and natural environments, with the ability to
conduct themselves ethically and with integrity and accountability in their relations with
these different environments and an acute understanding of their roles and responsibilities
in a transformative society.

6. Have effective communication skills, being proficient in reading, writing, listening,

comprehension and speaking in a professional capacity, being able to communicate via
multimodal media tools and engage audiences across professional, cultural and language
divides.

7. Have a life-long learning attitude or stance towards themselves, committed to and capable
of continuous collaborative and individual learning and critical reflection throughout their
lives and careers.

Page 14 of 28
 INTRODUCTION TO LAW 121

Learning Outcome Teaching & Learning Activity Assessment UWC LLB Graduate Attributes

On completion of this module

Lecture Tutorial Self-study Assignment Test Examination 1 2 3 4 5 6 7
students should be able to:

Discuss the possibilities and

limits of social transformation
through the Africanisation,
      
decolonisation and
constitutionalisation of South
African law
Describe the different divisions of
South African law   

Identify the subdivisions and

  
other areas of the law

Discuss selected legal concepts

    
in light of their broader contexts

Discuss the role played by

        
private law

Page 15 of 28
 Identify how the business world
functions and operates with
        
reference to the role played by
mercantile law
List and discuss the various
procedures to be found in civil         
procedure

Identity the role played by

        
criminal law

List and discuss the various

procedures to be found in         
criminal procedure

Identify the role played by the law

        
of evidence

List and compare the differences

between courts and Appropriate         
Dispute Resolution

Discuss the role played by the

         
legal profession

Page 16 of 28
9. ASSESSMENTS
Your Final Mark (pass or fail) in this module consists of two parts:
(i) Continuous assessment mark 50%
(ii) Examination mark 50%
-----------------------------------------------------------------------
Final mark 100%
----------------------------------------------------------------------

NOTE: You pass the module if your Final Mark is 50 provided that you obtain a sub-
minimum of 40% in the examination. See Rule A.5.2.5 in the General Calendar.

(i) Continuous assessment mark (CAM)

Your continuous assessment mark consists of the marks you obtained in the tutorial
exercises as well as your test marks and will be calculated as follows:
(A) Tutorial exercises 25%
+ (B) Two tests 75%
--------
= CAM 100%
--------

(A) TUTORIALS
An assessment exercise will take place after each of the six tutorials. The best
four marks will form part of your continuous assessment mark. Students will
be timeously advised of the material to be covered in the tutorials.

NOTE:
You are required to check the correctness of all test and assessment marks
that have been posted and to bring any corrections, supported by the original
marked document, to the attention of the Ms Thomas within five (5) working
days after the posting of the marks. Corrections outside of this period will be
made only on the presentation of a satisfactory written explanation to the
module co-ordinator.

(B) TESTS
Three tests are scheduled for this module. You are required to write at least
two of these tests. If you choose to write all three tests, the two best marks
will be taken into account in calculating your continuous assessment mark.

Assessments will be conducted online. I will advise you timeously of the

format of the test.
(i) There will be no separate sick/special tests in this module.
(ii) Test 2 will operate as the sick/special test for Test 1.
(iii) Test 3 will operate as the sick/special test for Test 2.
(iv) You have automatic entry into all the prescribed tests – i.o.w. you
Page 17 of 28
 need not apply to write any of the tests but note that
(v) there is no sick/special test after Test 3.
(vi) It is your responsibility to ensure that you write at least 2 of the 3
scheduled tests.

The following are the test dates (diarise the dates):

(i) Test 1: Friday, 28 August: Time to be confirmed
(ii) Test 2: Wednesday, 30 September: Time to be confirmed
(iii) Test 3: Friday, 16 October: Time to be confirmed

All assessments will take place on IKAMVA.

(C) EXAMINATIONS
(I) Final Examination (50 marks):
(II) Supplementary, Special Examinations and Senate Discretionary
Assessments (50 marks).

NOTE:
(1) The date and time hereof will be made available by the university in due
course.
(2) The examinations will cover all the work.
(3) The percentage obtained here is known as the Examination Mark.
(4) Consult Rule A5 in the General Calendar for complete information on
Assessments and consult Rule A5.2.6 – A5.2.8 in regard to the
requirements for the Supplementary and Special Examinations and the
Senate Discretionary Assessments.

10. FINAL MARK

Your Final Mark will be calculated as follows:
Continuous Assessment Mark……….. 50%
+ Examination mark…………………………. 50%
--------
= Final Mark for the module 100%
--------

11. NOT COPING?

You are required to consult with me or your HOD/university support structures (writing
centre / doctor / psychologist) without any delay when:

(i) you experience any problem (personal or otherwise) that has an impact on your
studies or your ability to attend lectures and/or to complete any assessment(s);
or
(ii) you feel unable to cope with the work for whatever reason.

Page 18 of 28
The sooner we become aware of your problem, the better our ability to be of assistance.
The university offers various student support services, including a Student Counselling
Centre, for students, who, inter alia, feel that they cannot cope with their studies. This
feeling often arises not because of an insurmountable problem but as a result of inadequate
study methods, reading or language problems or some other problem, which may be
remedied if tackled timeously. The sooner your problem is attended to, the better the
chances of the intervention succeeding.

Approaching us or the student support services just before a test or examination may be,
and often is, too late. Approaching me after a test or examination is definitely too late
because then I have to fulfil the role of examiner and cannot take personal issues into
account. See further point 12 below.

You are, however, urged to use my services, inside and outside of the classroom, with due
consideration to the needs of other students and to the other tasks I have. You will be able
to do this if you have prepared your work and if you have applied your mind to the matter
before approaching me.

The university offers various student support services that offer, inter alia, academic
support; medical support and psychological counselling. The contact details are:
(i) Counselling (study skills, time management etc.) 021 959 2299;
(ii) The Writing Centre (skills around writing essays etc.) 021 959 3919; a
(iii) The Multimedia Centre (slide shows on essay writing, level 4 of the library)
021 959 3016.
(iv) Disability unit 021 3128/3586/2770.
(v) Psychological support 021 959 9481.
(vi) Gender Equity Unit (gender issues, sexuality etc.) 021 9592813.

Fiona Chandler, our in-house student psychologist, will start work on 3 February 2020,
available two days a week. Appointments must be made via the Centre for Student
Support Services, 2nd floor, B Block, tel. 021 959 2299.

12. THE LECTURER

I fulfil a dual function in my relationship with you, namely, that of teacher and that of
examiner. In my capacity as examiner I have to set and maintain both the standards of my
discipline and of the university: in doing so I have to ensure that only those students are
credited with having passed the module, who have earned it by satisfying the minimum
requirements in this regard. I owe this duty to the student, the University, the community
at large including the professions, and in the final instance to myself.

As teacher, it is my function not only to convey knowledge but also to motivate and
stimulate independent thought. In this regard, you should see me as a partner – as part of a
team, the captain - who strives together with his team to attain certain common goals, an
important one being success at the end of the academic year. If you accept this duality of
roles and responsibility you will come forward with questions and contributions about the
Page 19 of 28
work. Such initiative will benefit not only you but, often, also the team as a whole: there
may be other students with the same or a similar problem or idea but who are unwilling to
speak. It also helps me (the captain), especially in a big class, where difficulties experienced
by individual students sometimes go undetected until it is too late to be of assistance. In
this way maximum benefit is derived of my services as a lecturer. Just a word of advice in
this regard: you may feel inhibited, for whatever reason, to speak during the online lecture.
However, it must be remembered that you have chosen a field of study which will qualify
you to enter a profession where verbal skills will, at one time or another, have to be
exercised. What better place, then, to practice during lectures? More importantly, a
thought shared will serve to enrich the whole team. Kindly contact me directly if you have
any questions about the work.

Should you feel that you are unable to cope with the work then please consult me
timeously. The university also runs a Student Counselling Centre for students, who, inter
alia, feel that they cannot cope. This feeling often arises not as a result of an
insurmountable problem but a result of inadequate study methods, reading or language
problems or some other problem which can be remedied if tackled timeously. Approaching
your lecturer or the Student Counsellor just before an assessment may be and often is too
late. Approaching your lecturer after the assessment is definitely too late because he/she
then has to fulfil the role of examiner.

You must approach Ms Thomas with all inquiries regarding the administration of marks in
the module.

It is cardinal importance that you acknowledge that your success lies to large extent in
your own hands – thus co-operation is required from you in the forms suggested in above,
namely, consistent and thorough preparation for classes and assessments, regular
attendance of classes, active participation in classes and continuous revision of work.
Failure to do will, in all probability, result in you failing the module.

13. ASSESSMENT RUBRIC

The rubric below reflects the assessment-weighting represented by marks awarded for
written assignments, tests and examinations.

Criteria

Dimensions Distinction Clearly achieved Almost achieved Not achieved

Apply Introduction All principles Principles mostly Only some Wholly inadequate
to Law principle(s) correctly identified correctly identified principles identified identification of
to critically analyse and problem and problem and problem only principles and
and solve entirely solved mostly solved partly solved problem not solved
Introduction to Law 75%-100% 60%-74% 45%-59% 0%-44%
problems

Page 20 of 28
Study and interpret Legislation and case Sufficient Limited integration Wholly inadequate
applicable law fully and integration of of legislation and integration of
legislation and case correctly integrated legislation and case case law into legislation and case
law with into argumentation law into argumentation law into
comprehension and 75%-100% argumentation 45%-59% argumentation
evaluative insight 60%-74% 0%-44%

Recognise the Open-ended norms Open-ended norms Open-ended norms Open-ended norms
impact of open- correctly identified mostly correctly only partly not identified and
ended norms such and fully utilised in identified and well identified and inadequately
as public policy and argumentation utilised in utilised in utilised in
public interest on 75%-100% argumentation argumentation argumentation
Introduction to Law 60%-74% 45%-59% 0%-44%

Present clear, well- Produced a fully Produced a Produced a partly Produced a wholly
structured and coherent solution coherent solution coherent solution incoherent solution
logically-conceived with reliance on all with most relevant with limited without
written solutions to relevant authority authority incorporation of incorporation of
problem-type and written in incorporated and relevant authority relevant authority
questions conformity with the sufficient and limited and a disregard for
rules of grammar compliance with compliance with the rules of
75%-100% the rules of the rules of grammar
grammar grammar 0%-44%
60%-74% 45%-59%

The information contained in this document is binding, but can be amended by the
module coordinator if he deems it appropriate for the academic integrity of the
module.
I trust that we will have a mutually rewarding semester and wish you every success in your
studies.

Sincerely

…………………………………….
Dr M Sulaiman
Tel: 959-3318
E-mail:msulaiman@[Link]

Page 21 of 28
 MODULE CONTENT SCHEDULE

You will be expected to have read and prepared the prescribed reading material for
discussion in the class. A hand “” indicates prescribed reading whilst a pair of spectacles
“” indicates recommended reading matter.

INTRODUCTION TO LAW 121

STUDY UNIT 1: KEY ASPECTS OF PRIVATE LAW

1. Introduction
2. Legal subjects
 Legal subjectivity
 Human beings
 Juristic persons
 Slavery and apartheid
 Relevant constitutional provisions
3. Capacities
 Legal Capacity
 Capacity to act and to take part in legal proceedings (locus standi in iudicio)
 Accountability
4. Functioning of subjective rights
 Relationship between legal subject and legal object
 Relationship between legal subject and legal subject
5. Protection of subjective rights

 Kleyn & ViIjoen Chapter 7

 ‘Does Transformative Constitutionalism Require the Recognition of Animal Rights?’ (2010) South
African Public Law 267.
 Extracts from Blacker v University of Cape Town 1993 (4) SA 402 (C)

Learning outcomes:
 Discuss the notion of legal subjectivity
 Discuss the notion of legal subjectivity in customary law
 Distinguish between different legal persons
 Distinguish between legal capacity, capacity to act, capacity to participate in legal
proceedings and accountability
 Explain how subjective rights function
 Describe the impact of slavery and apartheid on legal subjectivity
 Discuss relevant provisions in the Bill of Rights that protect and uphold the
universality of legal subjectivity
 Apply your theoretical knowledge to real cases

Page 22 of 28
 STUDY UNIT 2: KEY ASPECTS OF COMMERCIAL LAW

1. Introduction
2. Corporate law
 Single-owner enterprise
 Partnership
 Company
 Close corporations
3. Contracts
 Prerequisites for concluding contracts
 Content of a contract
 Contract of employment
 Contract of purchase and sale
4. Profits, taxes and corporate social responsibility
5. International Conventions and foreign law

 Kleyn & ViIjoen Chapter 8

Companies Act 71 of 2008

Learning outcomes:
 Discuss the different forms of participation in corporate law
 Discuss the prerequisites for concluding contracts
 Discuss the content of a contract
 Distinguish between the different types of contracts
 Discuss the influence/impact of international conventions and foreign law on contract
law

STUDY UNIT 3: KEY ASPECTS OF THE LAW OF CIVIL PROCEDURE

1. Introduction to civil procedure

2. Types of proceedings
 Action proceedings
 Application proceedings
3. Stages of the proceedings
 Pleading stage
 Trial/Hearing
4. Possible subsequent proceedings
 Execution
 Appeal and review
5. Transformative civil procedure?

 Kleyn & Viljoen Chapter 9

Page 23 of 28
Learning outcomes:
 Explain the relevance of civil procedure
 Compare action proceedings with application proceedings
 Explain when a litigant will institute action proceedings
 Explain when a litigant will institute application proceedings
 Explain whether our civil procedure system is transformative

STUDY UNIT 4: KEY ASPECTS OF CRIMINAL LAW

1. Criminal cases distinguished from civil cases

 The parties
 Standard of proof
 Onus of proof
2. Sources of criminal law
 Common law and the Constitution
 The Constitution and the transformative impact on criminal common law
 Legislation
3. Specific crimes
 Crime against another’s person
 Crime against another’s property
 Crime against the State
 Crime against the community
4. Elements of a crime
 Conduct
 Unlawfulness
- Private defence
 Causation
- Factual causation
- Legal causation
 Criminal capacity
- Youth
- Mental illness
- Intoxication
 Mens rea
- Intention (Dolus)
- Negligence (Culpa)
-
 Kleyn & Viljoen Chapter 10
 Extracts from the Constitution of the Republic of South Africa, 1996
 Extracts from S v Mokgethi 1990 1 SA 32 (A)
 Extracts from Director of Public Prosecutions, Gauteng v Pistorius 2016 1 SACR 431
(SCA)
 Extracts from Humphreys v S 2015 1 SA 491 (SCA)

Learning outcomes:
Page 24 of 28
  Distinguish between a common law crime and a statutory crime
 Explain the development of criminal common law and the impact of the
Constitution
 Explain when conduct is unlawful
 Apply knowledge of causation, criminal capacity and mens rea
 Understand the defences an accused person could raise to avoid
criminal liability

STUDY UNIT 5: KEY ASPECTS OF THE LAW OF CRIMINAL PROCEDURE

1. Introduction: What is criminal procedure?

2. The criminal justice process
 Pre-trial
 Trial
 Post-trial
3. Pre-trial
 Laying a charge
 Investigation: Police
 Decision to prosecute: Director of Public Prosecutions
 Accused brought before court: arrest or summons
- The rights of an arrested person in terms of the Constitution
- Use of force during arrest
 Bail
4. Trial
 Trial on the merits
- Plea
- State case
- Defence case
- Arguments
- Finding
 Sentencing
 Plea agreement
5. Post-trial
 Appeal and review

 Kleyn & Viljoen Chapters 10 and 11

 Extracts from the Criminal Procedure Act 51 of 1977
 Extracts from the Constitution of the Republic of South Africa, 1996

Learning outcomes:
 Explain the course of a criminal trial
 Discuss the rights of arrested or detained persons and the impact of the Constitution
 Apply your theoretical knowledge to real cases
 Discuss the relevance of a fair criminal justice procedure
 Discuss the different types of bail and the factors considered in determining
bail
Page 25 of 28
  Distinguish between judgment on the merits and judgment on sentencing
 Discuss the various sentencing options and the factors that a court needs to
consider during sentencing
 Distinguish between appeal and review proceedings

STUDY UNIT 6: KEY ASPECTS OF THE LAW OF EVIDENCE

1. Introduction
2. Forms of evidence
 Oral evidence
- Credibility of a witness
- Leading questions
- Cautionary rule
- Expert evidence
 Documentary evidence
 Real evidence
 Electronic evidence
 Other probative matter
 Direct and circumstantial evidence
3. Inadmissible evidence
 Character evidence
 Hearsay evidence
 Opinion evidence
 Privilege
- Private privilege
- Legal professional privilege
- Marital privilege
- Privilege against self-incrimination
- Public privilege
 Evidence unconstitutionally obtained
4. Principles of natural justice

 Kleyn & Viljoen Chapter 12

 Extracts from the Constitution of the Republic of South Africa, 1996

Learning outcomes:
 Interpret and explain the key concepts in the law of evidence
 Explain the forms of evidence
 Distinguish between the various forms of inadmissible evidence and the impact of the
Constitution
 Discuss the principles of natural justice
STUDY UNIT 7: COURTS AND APPROPRIATE DISPUTE RESOLUTION

1. General principles of jurisdiction

Page 26 of 28
2. Courts in South Africa
 Magistrate’s Court
 High Court
 Supreme Court of Appeal
 Constitutional Court
 Special Courts
3. Appropriate Dispute Resolution
 Negotiation
 Mediation
 Arbitration
4. Transformation of the judiciary
5. Digitasation of the legal landscape

 Kleyn & Viljoen Chapter 13

 Extracts from the Constitution of the Republic of South Africa, 1996

Learning outcomes:

 Explain the general principles of jurisdiction

 Identify and explain the different courts in South Africa
 Distinguish between the different forms of appropriate dispute resolution
 Discuss whether the Judiciary is transformative
 Discuss the digital evolution of the legal landscape

STUDY UNIT 8: THE LEGAL PROFESSION

1. Traditional careers in the legal system

 Attorney
 Advocate
 Attorney in the High Court
 Conveyancer
 Notary
2. Professions in the public sector
 Prosecutor
 Presiding officer
 State attorney
 Registrar of the High Court
 Clerk of the court
 Master of the High Court
3. Legal representation
 Costs
 Existing legal aid
4. Ethical questions

Page 27 of 28
 Kleyn & Viljoen Chapter 14
 Extracts from the Legal Practitioners Act 28 of 2014
 Extracts from Prince v President of the Law Society of the Cape of Good Hope and Others 2002
(2) SA 794 (CC)
Bently B 'The implications of giving informal legal advice' (2019) April De Rebus 8-9

Learning outcomes:
 Define and explain the various traditional careers in the legal system
 Define and explain the various careers in the public sector
 Discuss the various forms of legal aid
 Know the basics of ethics and the law

===========================================================================

Page 28 of 28