Law > EXAM > HFL1501- PORTFOLIO : 21 SEPTEMBER 2021 (YEAR MODULE) (All)

HFL1501- PORTFOLIO : 21 SEPTEMBER 2021 (YEAR MODULE)

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QUESTION 1 Read the following two statements regarding the constitutional development of indigenous law and determine whether each one is true or false. Write only the correct option as your answer. 1.1 True 1.2 False QUESTION 2 (p16-17) Indicate whether each of the following two statements with regard to the decision in Daniels v Campbell 2004 (7) BCLR 735 (CC) regarding the recognition and application of Islamic law is true or false. Write only the correct option. 2. True 2.2 False QUESTION 3 Answer the following questions regarding the old writers on Roman-Dutch law: 3.1 The work of which old writer formed the basis of the law of the ZuidAfrikaansche Republiek and was an authoritative source of the law of the Republic of the Orange Free State? In the Zuid-Afrikaansche Republiek (Traanvaal) the old writer, Van der Linden, Koopmans Handboek formed the basis of the law. In the Orange Free State, Roman-Dutch law formed the basic law, and Voet, Leeuwen, Grotius, Van der Linden and Van der Kessel as the authoritative sources of the law.1 3.2 The works of which 17th -century-old writers were regarded as sources of law in both Boer republics? Hugo de Groot (Grotius) Simon van Leeuwen QUESTION 4 Read the following statements regarding legal development in South Africa after unification in 1910. Analyze the statements below and indicate whether each one is true or false. Motivate your answer in each instance: 4.1 After the establishment of one Supreme Court for South Africa in 1910, judges began to believe in the importance of retaining a pure Roman-Dutch law and rejected the application of English law. False The Judges of appeal did not cling to the strict and outdated principles of Roman Dutch law was no longer applicable, but the judges were not prepared to deviate from the established and recognized principles of Roman-Dutch law. The Appellate Division was also not prepared to be led by English law. This led to a fresh new life has been given to the Roman-Dutch law.2 4.2 In Investment CC v Hammersley and Another 2008 JDR 190 (SCA) the Supreme Court of Appeal observed that it was necessary to preserve our Roman-Dutch heritage by applying pure 17th-century Roman-Dutch law and rejecting the influence of other legal systems. False

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