Initial Examination Paper
Faculty Name: Commerce and Law
Module Name: Introduction to Law A
Module Code: LWIT111
Date: May – June 2018
Total Marks: 100
Duration: 3 hours
Examiner: Ms Lizelle le Roux
Second Examiner/Internal Moderator: Ms Tina du Plessis
External Moderator: Mr Khulekani Khumalo
Resources Required: N/A
Section A: Multiple Choice 10 Marks
Section B: Short Questions 30 Marks
Section C: Long Questions 60 Marks
Instructions to Candidate:
1. Ensure that you are writing the correct examination.
2. Read each question carefully.
3. Answer all required questions in the answer booklet provided unless otherwise specified.
4. All rough work should be done in the back of the answer booklet and indicated as such.
5. This paper should not be removed from the assessment venue.
6. Refer to the instructions in the examination answer booklet.
This examination contributes 50% towards the final mark.
LWIT111 – Initial Examination Paper | V1.0 Page 1 of 8
Pearson Institute of Higher Education
Section A
Multiple Choice 10 Marks
Mark these questions on the multiple choice question answer section in the answer book.
QUESTION 1
Secondary sources of law consist of:
a. Legislation.
b. Customary law.
c. Common law.
d. Legal journals.
(1)
QUESTION 2
Which one of the following journal is a practitioners’ journal?
a. De Rebus.
b. South African Law Journal.
c. South African Journal on Human Rights.
d. Journal of Juridical Science.
(1)
QUESTION 3
If a journal article has been peer reviewed, this means that:
a. the courts must first carefully read and approved the article.
b. the legislature must first carefully read and approved the article.
c. two other experts in the particular area of law covered by the article have first carefully read
and approved the article.
d. None of the above is correct.
(1)
QUESTION 4
The main difference between primary and secondary sources is that:
a. secondary sources are binding and primary sources are persuasive.
b. primary sources are binding and secondary sources are persuasive
c. primary sources include legislation and foreign law and secondary sources case law and
journals
d. secondary sources include customary law and general law journals and primary sources
common law and text books.
(1)
QUESTION 5
SALJ is an acronym for:
a. South African Journal on Human Rights.
b. Tydskrif vir Suid-Afrikaanse reg.
c. South African Law Journal.
d. South African Journal of Criminal Justice.
(1)
QUESTION 6
In this case, the judge used the writing of authors on violence against women to contextualize the
harm women face on a daily basis.
a. S v Ferreira.
b. S v Charmichelle.
c. S v Van Breda.
d. S v Baloyi.
(1)
QUESTION 7
Free legal assistance offered as a service to the community is known as
a. pro amico legal aid.
b. judicare legal aid.
c. pro bono legal aid.
d. There is no such thing as free legal assistance.
(1)
LWIT111 – Initial Examination Paper | V1.0 Page 3 of 8
Pearson Institute of Higher Education
QUESTION 8
The person responsible for overseeing matters brought before the High Court is the
a. Clerk.
b. Magistrate.
c. Registrar.
d. Judge.
(1)
QUESTION 9
The person responsible for the filing of documents, the opening and safe-keeping of court files,
the set-down of matters for hearing and the finalisation of the court roll for each day in the
magistrates’ court is the:
a. Clerk.
b. Magistrate.
c. Registrar.
d. Judge.
(1)
QUESTION 10
Which of the following is NOT a duty of the Master of the High Court?
a. Administration of deceased estates.
b. Registrations of trusts.
c. Liquidations.
d. Investigations relating to minor children.
(1)
SUBTOTAL: [10]
End of Section A
LWIT111 – Initial Examination Paper | V1.0 Page 4 of 8
Pearson Institute of Higher Education
Section B
Short Questions 30 Marks
QUESTION 1
Indicate in each of the following cases which court or forum is best suited or the most appropriate
court to hear the relevant matter. Provide the court’s full name.
1.1 Ben contracts Cyril to paint his house for R1500. After completion of the job Ben, now refuses
to pay Cyril.
(1)
1.2 Tumelo takes part in a legal strike at his workplace but is subsequently dismissed by his
employer and now wants to challenge the fairness of his dismissal without having to go to the
Labour court.
(1)
1.3 Busi wishes to challenge the constitutionality of the official customary law dealing with the
practice of lobola.
(1)
1.4 Relebogile feels that she was a victim of hate speech in terms of PEPUDA on the 3rd of June
2017.
(1)
1.5 Sihle and the Municipality are in a dispute about water on his farm.
(1)
1.6 The Richtersveld Community has a claim for land that was taken away from them by the
Apartheid Government in 1923.
(1)
1.7 Gerrie Nel is charged with the crime of treason.
(1)
1.8 Zanele has lost her case in the Transvaal Provincial Division of the High Court in front of a
full bench and wishes to appeal.
(1)
1.9 Boitumelo applies for a family violence interdict (protection order).
(1)
1.10 Johannes has a claim against the Road Accident Fund for R200 000.
(1)
[10]
LWIT111 – Initial Examination Paper | V1.0 Page 5 of 8
Pearson Institute of Higher Education
QUESTION 2
Explain the citation:
S v Maleka 2001 (2) SA 366 (SCA)
[5]
QUESTION 3
Name the advantages of alternative dispute resolution over litigation.
[5]
QUESTION 4
Discuss which court will be the most appropriate court a quo to challenge the validity of the Cultural
Laws Amendment Act 36 of 2001.
[5]
QUESTION 5
It can be said that “legal rules or laws are valid not because they are rooted in moral or natural law,
but because they are enacted by legitimate authority and are accepted by the society as such”.
Explain the most applicable legal theory reflected in this quote.
[5]
SUBTOTAL: [30]
End of Section B
LWIT111 – Initial Examination Paper | V1.0 Page 6 of 8
Pearson Institute of Higher Education
Section C
Long Questions 60 Marks
Thabisile Manamela works for the Department of Education and knows that the only way to enforce
discipline at school is to hit kids. Thabisile is involved in the department’s initiation process of
drafting a new bill that will reintroduce corporal punishment in schools namely, The School’s Hitting
Act. She has heard gossip that the portfolio committee responsible for this draft bill intends not to
allow for comments as they suspect it will result in an outcry against the draft bill. Thabisile is very
worried about the gossip and knows that it will influence the validity of the proposed bill!
Thabisile’s father recently passed away and although Thabisile is the only child it now seems that
Thabisile’s uncle will inherit all the farm land in Qunu according to the principles of primogeniture.
Thabisile knows that according to the common law rules of succession she should inherit and is
now very confused about which legal system will apply.
After all the stress and trauma with her father’s passing and inheritance issues, Thabisile’s marriage
is not working out and she wants a divorce. She knows her husband does not want a divorce and
that he won’t agree to giving her half of their estate either.
Thabisile recently heard in church that homosexuality is a sin and that the common law crime of
sodomy considers sex between two males a crime. She is very worried as she has an uncle who is
openly homosexual and whom she definitely does not want to see in jail.
After all these problems Thabisile is actually thinking of becoming a lawyer herself but is still unsure
what the difference is between an attorney and an advocate.
QUESTION 1
Advise Thabisile on whether the decision not to allow public comments will influence the
constitutionality of The School Hitting Act by explaining the first step of the legislative process.
Always refer to applicable case law.
[15]
LWIT111 – Initial Examination Paper | V1.0 Page 7 of 8
Pearson Institute of Higher Education
QUESTION 2
2.1 Discuss which legal system will apply to Thabile’s situation. You must explain the guidelines
used to make the distinction between the various legal systems.
(5)
2.2 Now discuss whether Thabile will be able to inherit her father’s land. Define your chosen
legal system and s211(3) of the Constitution Always refer to applicable case law when you
discuss whether Thabisile will be able to inherit. (10)
[15]
QUESTION 3
Advise Thabisile as to the most applicable civil procedure to use in their divorce proceedings by
explaining:
why; when and how this procedure will be used;
what the name and parties of their case will be;
what documents will be submitted to the court and;
the kind of judgement they can expect.
[10]
QUESTION 4
Explain and discuss whether Thabisile’s uncle can be jailed for sodomy. You must refer to applicable
case law as well s 39(2) of the Constitution to explain your answer.
[10]
QUESTION 5
Explain the differences between an advocate and an attorney by referring to their:
roles and specialities;
their rights to appearance;
with whom they should consult and;
the regulatory bodies governing their professions.
[10]
SUBTOTAL: [60]
End of Section C
TOTAL: [100]
LWIT111 – Initial Examination Paper | V1.0 Page 8 of 8
Pearson Institute of Higher Education
