HFL1501/101/3/2021

Tutorial Letter 101/3/2021

Historical Foundations of South African Law

HFL1501

Semesters 1 and 2

Department of Jurisprudence

This tutorial letter contains important information

about your module. It also contains the assignments for this year, as well as
crucial information on the portfolio examination.

BARCODE
 CONTENTS

Page

1 INTRODUCTION TO THE MODULE ............................................................................................ 4

2 PURPOSE AND OUTCOMES ...................................................................................................... 6
2.1 Purpose ........................................................................................................................................ 6
2.2 Outcomes ..................................................................................................................................... 6
3 LECTURER(S) AND CONTACT DETAILS................................................................................... 7
3.1 Lecturer(s) .................................................................................................................................... 7
3.2 Department ................................................................................................................................... 9
3.3 University ...................................................................................................................................... 9
4 RESOURCES ............................................................................................................................... 9
4.1 Prescribed book(s) ........................................................................................................................ 9
4.2 Recommended book(s) ............................................................................................................... 10
4.3 Electronic reserves (e-reserves) ................................................................................................. 10
4.4 Library services and resources ................................................................................................... 10
5 STUDENT SUPPORT SERVICES .............................................................................................. 11
6 STUDY PLAN ............................................................................................................................. 16
7 PRACTICAL WORK ................................................................................................................... 16
8 ASSESSMENT ........................................................................................................................... 16
8.1 Assessment criteria..................................................................................................................... 16
8.2 Assessment plan ........................................................................................................................ 17
8.3 Assignment numbers .................................................................................................................. 18
8.3.1 General assignment numbers ..................................................................................................... 18
8.3.2 Unique assignment numbers ...................................................................................................... 18
8.4 Assignment due dates ................................................................................................................ 19
8.5 Submission of assignments ........................................................................................................ 20
8.6 The assignments ........................................................................................................................ 22
8.7 Other assessment methods ........................................................................................................ 22
8.8 The portfolio examination ............................................................................................................ 22
8.8.1 What is a portfolio 22
8.8.2 Portfolio examination due date …………………………………………………………………..… ….27
8.8.3 The scope of the portfolio examination ……………………………………………………………… ..27
8.8.4 The format of the portfolio examination ………………………………………………… …………….27
9 FREQUENTLY ASKED QUESTIONS ........................................................................................ 28

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10 IN CLOSING ............................................................................................................................... 28
11 ADDENDA .................................................................................................................................. 29
11.1 Addendum A: Assignments for first semester ………………………………………………………..29

11.2 Addendum B: Assignments for second semester ……………………………………………………38

11.3 Addendum C: Plagiarism policy of the college of law ………………………………………………..47

11.4 Addendum D: Academic Honesty Declaration ………………………………………………………...49

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Dear Student

1 INTRODUCTION TO THE MODULE

Welcome to the module Historical Foundations of South African Law (HFL1501), presented by
the Department of Jurisprudence. This is the fourth year that this module is presented and it
forms part of the updated 2018 LLB curriculum at Unisa. We are pleased to welcome you to this
module and hope that you will find it both interesting and rewarding. We will do our best to
make your study of this module successful and worthwhile. You will be well on your way to
success if you start early in the semester and work through the Study Guide several times.

The most important information you need to be aware of right from the start is that this module
does not have a conventional venue-based examination, but rather an online portfolio
examination. This means that you will not prepare for a two-hour sit-down written exam,
but that you will complete a portfolio examination (which is similar to an online
assignment) in your own time. You will be completing this portfolio at home and without the
assistance of anyone else.

Submitting this portfolio late is the same as not attending the examination, and
you will be regarded as being absent from the exam.

In this Tutorial Letter 101, you will find the assignments for both semesters, as well as the
instructions for the preparation and submission of the assignments. The portfolio-examination
questions are provided in Tutorial Letter 201, which will also be available online on the
HFL1501 myUnisa site (see the links for “Official study material” and “Additional resources”)
later in the semester. This means that you will have sufficient time to work on your portfolio
before the submission date.

The Department of Despatch should supply you with the following study material for this module
upon registration:

 The Study Guide

 Tutorial Letters 101 and 301

Later in the semester, you will receive the following study material:
 Tutorial Letter 201, which contains the portfolio examination questions
 Tutorial Letter 202, which contains feedback on the assignments

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Note: Study material that is not available when you register, will be posted to you as soon as
possible, but is also available on the HFL1501 myUnisa site under “Official Study
Material” and “Additional Resources”

Tutorial Letter 101: This tutorial letter contains important information about administrative
arrangements, as well as the assignments for this module. We urge you to read it carefully
and to keep it at hand when working through the study material, completing the assignments,
preparing for the examination and addressing questions to your lecturers.

Tutorial Letter 301 (for all LLB students): Please read Tutorial Letter 301 in combination with
Tutorial Letter 101 as it provides you with important general information on studying at UNISA
and, specifically, within the College of Law. It also contains a complete exposition of the College
of Law’s prescribed referencing style, which you will need to master in order to complete the
portfolio. That tutorial letter is prepared and distributed by the office of the Director of the School
of Law; all queries about this letter should be directed to that office (lawdeanery@unisa.ac.za).

The Study@Unisa brochure will also be posted to you, but is available for downloading from
the main myUnisa website on the landing page, before you login to your myUnisa account (see
para 5 below). That document contains important information on administrative matters related
to your studies. Please read it carefully. The majority of your general enquiries will be
addressed in this brochure. Once available, we will also upload it on the module’s myUnisa
page, under Additional Resources.

myUnisa: Remember that myUnisa provides you with additional opportunities to participate in
activities and discussions relevant to this module. It also makes it easy to view the status and
results of your assignments. For more information on making use of myUnisa for purposes of
this module, please also read paragraph 5.3 below. However, you must claim your Unisa login
to be able to submit assignments and the portfolio, to gain access to the library functions and
various learning resources, to download study material, to chat online to fellow students and the
lecturers about your studies and the challenges you encounter, and to participate in online
discussion forums. Instructions on how to claim your Unisa login can be found on the myUnisa
homepage. Please go to https://www.unisa.ac.za/.

We hope that you will enjoy this module and wish you all the best! Please remember that there
is no such thing as a silly question and you are always welcome to contact your lecturers when
you have a problem with the material covered in the study material.

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2 PURPOSE AND OUTCOMES
As part of this tutorial letter, we wish to inform you that Unisa has implemented a transformation
charter based on various pillars and eight dimensions. In response to this charter, we have also
placed curriculum transformation high on the agenda. For your information, curriculum
transformation includes the following pillars: student-centred scholarship, the pedagogical
renewal of teaching and assessment practices, the scholarship of teaching and learning, and
the infusion of African epistemologies and philosophies. These pillars and their principles will be
integrated at both the programme and module levels, as a phased-in approach. You will notice
the implementation thereof in your modules, and we encourage you to fully embrace these
changes during your studies at Unisa.

2.1 Purpose
The purpose of this module is to provide students with an outline of the origins of the South
African legal system, focussing on the indigenous African, Western and human-rights
traditions. It addresses the contribution made by the liberation movement in problematising
apartheid policies and laws, as well as their contributions in shaping South African law.
Aspects of transformative constitutionalism will be addressed.

The module gives an overview of the civil-law foundations of the law of property and
obligations; and the influence of the Constitution on its development. Students who
complete this module will be able to illustrate the importance of the continuous
development of South African law in line with the values of the Constitution.

2.2 Outcomes
Upon the completion of this module you should be able to:

 Demonstrate a clear understanding of the legal principles of the historical foundations

of South African law;
 Display a contextualised understanding of the liberation movement and its
contribution to the development of South African law;
 Explain the historical foundations and basic principles of the law of property and
obligations as guided by the transformative values of the Constitution;
 Illustrate the necessity of the continuous development of South African law in line
with the principles of transformative constitutionalism.

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3 LECTURER(S) AND CONTACT DETAILS

3.1 Lecturer(s)
The module leader responsible for this module is Ms Liezl Wildenboer.

All written enquiries about the contents of this module, in other words enquiries that are not
of a purely administrative nature, should be directed to:

The Module Leader (HFL1501)

Department of Jurisprudence
PO Box 392
UNISA
0003

It is, however, much quicker, easier and more reliable to reach your
lecturers via email.

Your lecturers in this module are:

Ms Liezl Wildenboer Module leader

Tel: (012) 433 9498
email: wildel@unisa.ac.za
Office: UNISA Brooklyn Campus
337 Veale Street, Brooklyn 0181
Department of Jurisprudence
Room 2-28

Ms Andrea Bauling
Tel: (012) 433 9518
Student cell: 060 606 2439
email: baulia@unisa.ac.za
Office: UNISA Brooklyn Campus
337 Veale Street, Brooklyn 0181
Department of Jurisprudence
Room 2-13

Prof Funmi Abioye

Tel: (012) 433 9515
email: abioyft@unisa.ac.za
Office: UNISA Brooklyn Campus
337 Veale Street, Brooklyn 0181
Department of Jurisprudence
Room 2-16

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Feel welcome to visit our offices to discuss any queries or problems. However, please make an
appointment to ensure that we are able to assist you. For telephonic enquiries, please have
your study material at hand when you contact us about the contents of the module.

Please note that the core business hours of the University are between 09:00 and 13:00 on
weekdays. It is best to try to reach lecturers telephonically during this time. The most
convenient and reliable way to communicate with lecturers is via email. We will get back
to you as soon as possible and we aim to address all queries within two working days.

Please note that we do not respond to emails, nor do we answer our student cell phones, over
weekends. You may contact lecturers on student cell phones only between 08:00 and 16:00
on weekdays. This is non-negotiable.

PLEASE NOTE: Lecturers cannot assist you with general administrative matters, including
those pertaining to registration, submission of assignments, examination
dates/venues or examination results. Such matters should be addressed to
the relevant administrative department(s). Please see the Study@Unisa
brochure in this regard. Please make use of the following contact details for
general enquiries:

Unisa toll-free general enquiries line: 0800 00 1870

General enquiries regarding the College of Law: lawdeanery@unisa.ac.za
Application and registration enquiries: Study-info@unisa.ac.za; jus@unisa.ac.za
Assignment enquiries: assign@unisa.ac.za
Examination enquiries: exam@unisa.ac.za
Sick or aegrotat exam enquiries: aegrotats@unisa.ac.za
Study material enquiries: despatch@unisa.ac.za
Student account enquiries: finan@unisa.ac.za
Assistance with myUnisa: myUnisaHelp@unisa.ac.za
Assistance with myLife email accounts: myLifeHelp@unisa.ac.za
Unisa First-year experience (FYE) queries: FYE@unisa.ac.za

3.2 Department
This module is presented by the Department of Jurisprudence in the College of Law.

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The contact details for the Department of Jurisprudence is:

Tel: (012) 433-9479 or (012) 433-9480

email: madihmp@unisa.ac.za or mkhomme1@unisa.ac.za

Please note that the Department of Jurisprudence is not situated on the

Muckleneuk (Main) Campus of Unisa.
We are situated at the UNISA Brooklyn Campus.

3.3 University
General Unisa contact details may be found in the Study@Unisa brochure, which you should
have received upon registration. You can also download this brochure from the myUnisa
homepage at https://www.unisa.ac.za/sites/myunisa/default/. Remember to use your student
number when you contact the University.

4 RESOURCES
4.1 Prescribed book(s)
There is no prescribed textbook for HFL1501. This means that you do not have to buy any
additional academic textbooks for HFL1501 and that you only need the Study Guide and your
tutorial letters for this module. You will, however, also need to acquire a copy of the
Constitution of the Republic of South Africa, 1996.1 The Study Guide indicates which
sections of the Constitution are relevant to this module. You may download an electronic copy
of the Constitution either from the Unisa library website, from this module’s myUnisa page
(under the link for “Additional Resources”) or from the Department of Justice and Constitutional
Development’s website. Hardcopies are available at the Unisa library, as well as from specialist
booksellers.

It is very important to understand that you will not be able to pass this module if you do not work
through the entire Study Guide. You have to understand the content of the Study Guide as
an integrated whole. Each part of the contents of the study material directly relates to the other
parts. In the portfolio examination, you will be expected to illustrate your ability to integrate all
the information in the study material into logical and informed arguments and answers.

1 Hereinafter referred to as “the Constitution”.

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4.2 Recommended book(s)
There are no recommended books for this module.

4.3 Electronic reserves (e-reserves)

There is no prescribed additional reading or e-reserves for this module.

4.4 Library services and resources

The Unisa Library offers a range of information services and resources:

 For detailed Library information, go to https://unisa.ac.za/library

 For research support and services (eg personal librarians and literature search services),
go to https://www.unisa.ac.za/sites/corporate/default/Library/Library-services/Research-
support
 The Library has created numerous Library guides: https://libguides.unisa.ac.za

Recommended guides:

 Request and download recommended material:

https://libguides.unisa.ac.za/request
 Postgraduate information services:
https://libguides.unisa.ac.za/request/postgrad
 Finding and using Library resources and tools:
https://libguides.unisa.ac.za/research-support
 Frequently asked questions about the Library:
https://libguides.unisa.ac.za/ask
 Services to students living with disabilities:
https://libguides.unisa.ac.za/disability
 Assistance with technical problems accessing the Unisa Library or resources:
https://libguides.unisa.ac.za/techsupport

You may also send an email to Lib-help@unisa.ac.za (please add your student number in the
subject line).

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5 STUDENT SUPPORT SERVICES

The Study@Unisa brochure is available on myUnisa: www.unisa.ac.za/brochures/studies
This brochure has all the tips and information you need to succeed at distance learning and,
specifically, at Unisa.

5.1 Discussion classes

No discussion classes are presented by the lecturers for the module HFL1501. However, you
are always welcome to phone or email your lecturers if you have any questions. The best way
to access detailed explanations of key areas of the contents of the study material is to visit the
myUnisa page for the module and to read the discussions and comments in the “Discussions”
tab.

5.2 Tutorial classes

The availability of face-to-face tutors will depend on the Covid-19 provisions and the possibility
of access to campuses. These guidelines will be communicated by the University. Usually, face-
to-face tutors are available for this module in certain areas of the country. Please consult the
publication Study@Unisa for more information on tutorial classes in your region. However,
please note that the lecturers cannot assist you with information in this regard; please rather
contact your nearest regional campus to enquire about the availability of a tutor for this
module.

5.3 myUnisa

The myUnisa learning management system is the University's online campus that will help you
communicate with your lecturers, other students and the administrative departments within
Unisa. To claim your myUnisa account, please follow the steps below:

1. Visit the myUnisa website at https://my.unisa.ac.za/portal

2. Click on the “Claim Unisa login” link at the top of the screen under the orange user ID box.
3. A new screen will load, prompting you to enter your student number. Please enter your
student number and click “continue”.
4. Enter your surname, your full name, your date of birth and, finally, your South African ID
number (for South African citizens) OR your passport number (for foreign students). Then
click “continue”. Remember to enter either an ID number or a passport number, NOT
both.

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5. Please read through the guidelines and click all the check boxes to acknowledge that you
have read all the information provided. Once you are done, click the “Acknowledge” button
to redirect you to the final page in the process.
6. The final page will display your myLife email address, and your myLife AND myUnisa
password. This password will also be sent to the cellphone number displayed on the page
for safekeeping.
7. Please note that it can take up to 24 hours for your myLife email account to be created.

Remember, the password provided is your myUnisa AND myLife password.

Please note that the lecturers for this module are active on the myUnisa discussion forum (click
on the link “Discussions”). Important information is communicated via announcements, and
complex topics from the study material are explained in the discussions. You are also welcome
to post there any questions that you may have on the content of the Study Guide, as well as on
administrative arrangements regarding the assignments or the portfolio examination.

We strongly urge you to stay up to date with any arrangements or discussions by

accessing the HFL1501 myUnisa site daily if possible.

Please take note of the following important tools available on myUnisa:

The discussions: In this module, the main purpose of the forums is to address students’
content-specific enquiries. This means that the lecturers offer virtual discussions and use these
to explain complex aspects of the work to students. Students are encouraged to post questions
on the work and these are then answered and discussed online. This forum may also be used
to contact your fellow students and to form virtual study groups. All the students registered for a
particular semester will be able to view and participate in the discussions. These discussions
may be accessed at any time during the semester and no time restrictions apply to posting
questions or comments. You do not have to be online at a specific time to join in the
conversation. Please get involved online, we look forward to meeting you there!

FAQs (frequently asked questions): Here your lecturers post frequently asked questions and
its answers relevant to this module. It is advisable to go through these questions before
contacting your lecturers. It is likely that the information you require has already been
provided there. Important administrative information is also provided there, including general
information on the assignments and the portfolio examination.

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Announcements: From time to time, your lecturers will post important announcements
regarding new developments or administrative arrangements. The Announcements forum is the
quickest and easiest way for your lecturers to communicate to you important administrative
arrangements that may affect your studies. We urge you to keep up to date with any
announcements by regularly accessing this forum. Most administrative enquiries that we receive
concern matters that have already been addressed/explained in an announcement. Click on the
link for “Announcements” to access all announcements posted during the semester.

Additional resources: Here we will upload crucial documents that will guide you and enhance
your study experience in this module.

5.4 E-tutors

Please note that e-tutors are available to students of the module HFL1501.

Online tutorials are conducted by qualified e-tutors who are appointed by Unisa and are offered
free of charge. All you need to be able to participate in these tutorials is a computer with access
to the internet. If you live close to a Unisa regional centre or to a Telecentre contracted by
Unisa, please feel free to visit any of these to access the internet. E-tutorials take place on
myUnisa. To get the most out of online tutoring, you need to participate in the online
discussions that the e-tutor will be facilitating. The e-tutors will assist you with content-related
enquiries and with general enquiries regarding the assignments and the portfolio examination.
You are not allowed to contact your e-tutor telephonically, per email or via standard mail. The e-
tutors are appointed when the registration period for a semester has closed and you will be
notified by the University once you have been allocated an e-tutor. Any further updates or other
important information regarding group allocation or the e-tutors in general will be posted by the
lecturers on the Announcements page on this module’s myUnisa website.

You will therefore automatically be allocated an e-tutor once the groups have been created.
Once grouped, you will have access to your e-tutor group via an additional tab on myUnisa. If
you are registered for the first semester, the tab will look like this:

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HFL1501-21-S1-12E

The first part of this tab title refers to the module code; the second and third parts refer to the
year and the semester for which you have registered; and the last part, indicated by the letter E,
refers to the number of the e-tutor group (in this example, group 12E) that you have been
allocated to. Keep in mind that your group could have any number between 1 and 25 and will
probably not be 12; your tab will therefore reflect the number of your e-tutor group.

If you are registered for the second semester, the tab will look like this:

HFL1501-21-S2-4E

This tab indicates the HFL1501 e-tutor group 4E for the second semester of 2021.

If you do not see such a tab on your myUnisa page after grouping has been finalised, click on
the tab “More Sites” for a full list of tabs available to you.

Keep in mind that your e-tutors communicate regularly with the lecturers. This means that they
are able to convey to you all the important information on the content and administration of this
module. However, students are encouraged to also make use of the general myUnisa
discussion forum to communicate with their fellow students and the lecturers (see para 5.3
above). Please treat your e-tutor with respect; failure to do so could lead to disciplinary action
against you. Remember, your e-tutor is there to assist you and to guide you through the
module; however, you are still ultimately responsible for passing this module. This means that
you have to study hard and that you must start preparing in advance for the portfolio
examination.

5.5 Student @myLife email account

It is important to take note that your official student myLife email account is the University’s
PRIMARY MODE OF COMMUNICATION with students. Important information will always be
communicated to students via email. In order to access your Unisa student-email account,
please go to the myUnisa homepage and follow the link to “myLife email”. Please make sure
that your inbox is never full to capacity. If your inbox is full, your messages cannot be delivered
and you may miss out on important information. If you encounter any difficulties with your email
account, please write to myLifeHelp@unisa.ac.za. It is your responsibility to make sure that you

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can access your email account. If you miss important information shared here, your lecturers
are not to blame. Please note that it is possible to forward your myLife emails to your personal
email account. This is a good way to ensure that you do receive all emails from Unisa.

Also, please use the “My Admin” page on myUnisa to update your personal and contact details.
It is crucial that the University has your correct cell phone number,

5.6 Students with special needs

Please see the following website in this regard:

The Advocacy and Resource Centre for Students with Disabilities

https://www.unisa.ac.za/sites/myunisa/default/Student-Affairs-&-SRC/Support-to-students-with-
disabilities

5.7 The First-Year Experience (FYE) Programme@Unisa

Unisa’s first-year experience (FYE) initiative is designed to provide extended support to

students entering Unisa and the Open Distance e-Learning (ODeL) environment for the first
time by increasing communication between the institution and its students, and by also
providing important information during crucial points in the student’s journey. FYE is a collective
effort to help first-year students to adapt to the ODeL environment. Through the FYE, students
will be provided with on-time and helpful information about the services that the institution offers
and how they can access the services.

FYE initiatives

 FYE emails – are a tool to help first-year students to stay focused, and motivated.
 FYE broadcasts – various topics related to first-year studies are broadcasted with the
input of academic and support staff from different colleges and departments.
 FYE mailbox – to help assist students with queries related to their first year of study.
 FYE website – to help bridge the gap between students and the institution.
 FYE MOOC – to help prepare, orientate and familiarise students with the Unisa
environment.

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More information:

 Visit the website: www.unisa.ac.za/FYE

 Participate in the FYE MOOC: mooc.unisa.ac.za
 Contact the FYE team: fye@unisa.ac.za

6 STUDY PLAN
For information and suggestions regarding general time-management and -planning skills,
please consult the Study@Unisa brochure.

This module is easy to master if you are willing to commit to your studies and to put in some
effort. Plan ahead and make sure to continuously work through the Study Guide throughout the
semester. This module cannot be “crammed” a few days before the due date for the portfolio
exam.

We strongly urge you to make use of the weekly schedule when working through the study
material. The weekly schedule is available online under “Additional Resources” on the HFL1501
myUnisa site; please access and download it there. The purpose of the weekly schedule is to
help you to plan your studies for the semester. It has been structured to allow you sufficient time
to work through the study material, and also includes time set aside for revision. The e-tutors
also make use of the weekly schedule in their respective groups; this ensures that all the
students are working more or less at the same pace. Therefore, if you work with your e-tutor,
you will cover all the material (and do revision) before you start working on the portfolio.

7 PRACTICAL WORK
There are no practical sessions or assessments for this module.

8 ASSESSMENT
8.1 Assessment criteria
It is essential that you are able to master all the learning outcomes for this module. These are
provided in the Study Guide on the first page of each learning unit.

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8.2 Assessment plan

Please take note of the following regarding the calculation of your year mark in HFL1501, as
well as your admission to the portfolio examination.

To be allowed to submit the portfolio exam you must submit any ONE of the two assignments,
so either Assignment 01 OR Assignment 02. This means that you will be admitted to the
examination if you submit one or both assignments before their respective due dates. If you
submit no (zero) assignments, you will not be allowed to submit the portfolio
examination, you will fail the module, and you will have to reregister and repeat the module.

However, BOTH assignment marks will count towards the calculation of your year mark. If you
only submit one assignment, this will seriously impact your year mark.

How will this work in practice?

 Your YEAR MARK counts 20% (Assignment 01 counts 10% and Assignment 02 counts
10%) of your final mark.
 Your PORTFOLIO EXAMINATION MARK counts 80% of your final mark. The portfolio
question paper is for 80 marks.
 Your FINAL MARK for the module will thus be calculated as follows: 20% (year mark) +
80% (examination mark) = 100% (final mark).

Look at the following examples:

Lucy submits Assignment 01 and Assignment 02. She will be admitted to the portfolio
examination, regardless of her assignment results. Her assignment marks are 50% and 85%,
respectively. This means that her year mark is 68% (50% + 85% / 2). This 68% will be
converted to a mark out of 20, which will ultimately be added to her portfolio mark (which is out
of 80 marks), to calculate her final mark. If Lucy gets a mark of 48/80 for the portfolio, her final
mark will be 13.6 (which is 20% of her year mark) + 48 (portfolio mark) = 61.6 = 62%

Jane submits Assignment 02, but not Assignment 01. She will be admitted to the portfolio
examination, regardless of her assignment results. She receives a mark of 50% for Assignment
02. Her year mark is 25% (0% + 50% / 2). Jane also gets 48/80 for the portfolio, her final mark
will be 5 (which is 20% of her year mark) + 48 (portfolio mark) = 53%

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Susan does not submit Assignment 01 or Assignment 02 before the prescribed due dates.
Susan will have to repeat the module.

To summarise: If, for whichever reason, you are only able to submit one assignment, you will
be allowed to submit the portfolio examination. But we strongly advise you to submit both
assignments, as this improve your chances of passing the module.

Take note:
You need to obtain at least 40% in the portfolio examination before your year mark will be
considered. This means that if you obtain a mark of 39% or lower for the portfolio examination,
your year mark will not count towards your final mark, even if your year mark is 95%!

8.3 Assignment numbers

8.3.1 General assignment numbers
You must submit one compulsory assignment (Assignment 01 or Assignment 02) for this
module. However, we strongly urge you to submit both assignments as it is a good way to test
your knowledge, and to prepare for the portfolio examination. Both assignments contribute
towards your year mark (10% each). Keep in mind that if you are registered for the first
semester (January to June), you must do the first semester’s assignments and portfolio;
and if you are registered for the second semester (July to December), you must do the second
semester’s assignments and portfolio. If you submit the incorrect assignment, your
assignment will not be marked and a mark of zero (0%) will be recorded for that assignment.

8.3.2 Unique assignment numbers

In addition to the general assignment number (01 or 02), each assignment has a unique
number. These unique numbers appear on the assignments in Addendum A below. Please
ensure that the correct unique number is clearly indicated on each assignment that you submit.
If you submit your assignments online, please be sure to submit your assignment to the
correlating (correct) unique number. If you submit another module’s assignment for this
module, you will be awarded a mark of zero (0%). When submitting online, please read the
instructions carefully and make sure that you submit the correct assignment (with the correct
unique number) for the correct module.

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 HFL1501/101/3/2021

8.4 Assignment due dates

Please note that no assignments will be accepted after the relevant due dates.

Also, please note that your lecturers may not grant any extension for the late submission of
assignments. The Unisa Assessment Policy determines this. Please adhere to the due dates.
This means that you should consider the submission dates for Assignments 01 and 02 when
planning your study schedule.

If you wish to submit an assignment online, please submit it a few days before the due date.

If you try to submit the assignment at 23:55 on the due date, the system will be overloaded and
you will not be able to submit in time. This is not a valid excuse for not submitting your
assessment on time. Unisa has hundreds of thousands of students who all make use of the
myUnisa portal to submit their assignments. At times, so many students try to access myUnisa
simultaneously, that it becomes impossible to upload assignments. For this reason, rather
submit a few days BEFORE the due date; this will also give you time to make sure that you
indeed uploaded the correct document in the correct format and that it is accessible. Remember
that you can always resubmit your assignment until the due date (also see para 8.5 below for
more on the “Resubmit” option).

The closing dates for the submission of Assignments 01 and 02 are:

● First semester

Assignment 01: 18 March 2021 (unique number: 828509)

Assignment 02: 29 March 2021 (unique number: 815840)

● Second semester

Assignment 01: 27 August 2021 (unique number: 733562)

Assignment 02: 6 September 2021 (unique number: 745668)

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8.5 Submission of assignments
The following information is extremely important. Please read this very carefully:

A multiple-choice question assignment, such as Assignment 01, may be submitted in one of two
ways. It may be completed in pencil on a mark-reading sheet and submitted via post or courier.
If you submit a multiple-choice question assignment via post or courier, please include the
cover page provided by the University. Alternatively, these assignments may also be submitted
electronically via myUnisa. If you submit electronically, please follow the instructions carefully.
Note that no academic-honesty declaration or cover page needs to be submitted with a
multiple-choice question assignment.

You may submit your written assignment (Assignment 02) via post, courier, or electronically by
means of myUnisa. For instructions on the format of written assignments and portfolio
examinations, please see the instructions on the assignments in Addendum A below.

We strongly recommend that you submit your assignments online via myUnisa. This
method is the safest and quickest option and will ensure that your assignments arrive on
time.

Note that assignments may NOT be submitted via fax or email.

For detailed information on assignments, please refer to the Study@Unisa brochure that you
received upon registration (see para 5 above).

Please take note of the following important information:

 If you submit an incorrect assignment (either an assignment intended for another semester
or another module), you will be awarded a mark of ZERO (0%) for the assignment.

 If you submit a multiple-choice question assignment in any format other than that
prescribed by the University (in this regard see your Study@Unisa brochure), you will be
awarded a mark of ZERO (0%) for the assignment.

 If you submit an assignment electronically via myUnisa and the file format of the document
submitted is corrupted or cannot be opened, you will be awarded a mark of ZERO (0%) for
the assignment. Once your document is uploaded, please open it and make sure that you
have submitted the correct document, that it indeed opens and that your answers are
legible. You are responsible for checking that you have submitted the correct document. If

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 HFL1501/101/3/2021

you notice that you have submitted the incorrect document, please click on “RESUBMIT” to
cancel your existing submission and submit the corrected document.

To submit an assignment via myUnisa:

 Go to myUnisa.
 Login with your student number and password.
 Select the “My Admin” option.
 Select “Assessments” and then “Assessment Info”.
 Select the correct module.
 Click on the assignment number you wish to submit.
 Follow the instructions provided onscreen.
Multiple-choice question assignments are submitted by selecting the correct
option onscreen. No additional documentation (cover page, mark-reading sheet, or
academic-honesty declaration) is required.
Written assignments must contain all the relevant pages in one PDF document,
which will be uploaded as your submission.
 Make sure that you submit the correct document (that is, the correct assignment for
the correct module).
 Detailed instructions on how to submit assignments online will be provided on
myUnisa. Click on the link for “Additional resources” to access these instructions
and videos.
Please note that a written assignment submitted electronically should be a single pdf-
format document. Please combine all the pages into one pdf document to ensure that all
the pages are marked. We will only mark what we receive – make sure that you
submit a complete document.
IMPORTANT:
Once you have uploaded a document as your assignment, please click on the document,
open it and confirm that you have in fact submitted the correct document. Please also
confirm that the document you have uploaded opens normally and is legible. If a corrupt
file is submitted, you will be awarded a mark of ZERO (0%).

21
The “RESUBMIT” option on myUnisa:

Once you have successfully submitted an assignment on myUnisa, a “Resubmit” link

becomes available. However, just because the myUnisa system gives you the option to
resubmit, does not mean that you have to make use of it. If you are not satisfied with what you
have submitted, you are welcome to cancel your submission and resubmit. But you do not have
to do this. This option is only there for when you have made a mistake. If you have submitted
the correct document, please ignore this link.

Please note that a resubmission REPLACES your previous submission. You cannot add pages
to a previous submission by selecting “Resubmit”. You will have to resubmit by uploading the
complete document you wish to submit.

Also note that it is only possible to submit an assignment a total of three times. That means
that the system will only allow you to resubmit TWICE (two times). Once you have submitted
three times, it will no longer be possible to replace your document. The third document
submitted will be marked. Do not abuse the resubmit function.

8.6 The assignments

Assignment 01 is a compulsory multiple-choice question assignment. Assignment 02 is a

compulsory written assignment.

IMPORTANT:

If you are registered for the first semester (January to June 2021), you must submit your
Assignment 01 on or before 18 March 2021.
If you are registered for the second semester (July to November 2021), you must submit
Assignment 01 on or before 27 August 2021.

Your lecturers do not have the authority to grant extension for submission of
assignments. These dates are set by the University and may not be changed. If you do not
submit the first assignment on time, you will have to repeat the module.

Tutorial Letter 202, containing the commentary and feedback on both these assignments, will
be sent via post by the Department of Despatch to all students, but it will also be available

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electronically on myUnisa under the link “Official Study Material”. The Tutorial Letter 202 will
only be made available online after the due dates for assignment submission have passed.

As soon as you have received the commentary, please compare your answers to our feedback
in Tutorial Letter 202. Doing the assignments, and then carefully studying the commentary on
them, constitute an important part of your learning and should help you to be better prepared for
the portfolio examination.

If you feel that errors have been made in the marking of your written assignment
(Assignment 02), please follow these instructions before contacting your lecturers:

Compare your answers to those in Tutorial Letter 202 and identify where mistakes have been
made. Then email one of your lecturers a marked copy of your assignment and state your
query. You can save your electronically marked assignment by downloading it from myUnisa.
Alternatively, if you have submitted via post, you will have to wait for it to return in the post, after
which you can then scan it and save it in pdf format. This is another reason why it is better to
submit online via myUnisa, as you will not have to wait for your marked assignment to reach
you via post. We will not look at your assignment or remark it if we do not receive your marked
assignment. In this regard, we follow the Unisa Assessment Policy and no exceptions will be
made. If you complain about a mark, please indicate which question you are referring to and
why you feel you deserve more marks.

8.7 Other assessment methods

No other types of assessment are utilised in this module. You have to complete two
assignments and one portfolio examination.

8.8 The portfolio examination

8.8.1 What is a portfolio?

As already indicated, you will not write a conventional venue-based examination. Your
summative assessment will be in the form of an online portfolio. This means that you will not
prepare for a two-hour venue-based exam, but that you will complete a portfolio examination,
which is similar to an assignment. You will complete this portfolio at home, and without the
assistance of anyone else. The portfolio consists of various questions, which are based on all
parts of the Study Guide.

This type of assessment (online or non-venue-based assessment) replaces the formal

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examination in this module. The non-venue-based assessment is referred to as a portfolio and
takes the form of an open-book examination. It represents the final assessment in this module.
For this reason, the same rules and policies that apply to venue-based examinations also
apply to the portfolio. Therefore, please do not contact any of the lecturers for assistance
when completing the portfolio.

A. Instructions for submitting your portfolio via the myUnisa platform

The due date for first-semester portfolio examination: 17 May 2021

The unique number is: 818056

The due date for second-semester portfolio examination: 25 October 2021

The unique number is: 700724

Portfolios may only be submitted online; lecturers cannot and will not accept portfolios
submitted via email, fax or in any other format. The myUnisa system will close at 23:59
(midnight) on the due date. After midnight on the due date, the system will close and you
will no longer be able to submit your answers.

Important: Please do not wait until the last minute to submit. The system may be down and you
will fail your examination if you are unable to submit on time.

Since this assessment counts as your examination for this module, no late submissions will
be accepted, regardless of the reason for failure to submit on time. Life happens: you get sick,
your boss gives you a project that takes up all your time, you have a personal crisis at home,
your laptop is stolen or you experience loadshedding in your area. Whatever the reason for not
being able to submit in time, no late submissions can be accepted and you will either have to
apply for an aegrotat portfolio, or register for the module again in the next semester. Please
plan and rather submit early. We advise you to submit your examination answers as early
as possible.

You must submit your examination answers as a single document in PDF-format. The document
may not be submitted with security restrictions under the “protect document/secured” option.
Security restrictions interfere with the electronic marking program that is used and prevent the
electronic marking of assignments. Also, please do not include an electronic signature in the
document as this also affects the ability to mark it online. Do not submit a “read-only” document,
as this does not allow us to make any changes to the document. This means we cannot mark it.

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If a document is submitted in the incorrect format and cannot be accessed or opened by the
lecturers, you will be awarded 0% for the portfolio.

Please submit your portfolio in the following way:

Type your answers to the questions in a Microsoft Word document and save this document as a
PDF document. You may also write out your answers by hand on any lined paper and scan
these pages in to create a PDF document. You do NOT have to retype or rewrite the questions.
Please make sure that you number your answers correctly.

As you may only submit one document, you must ensure that everything you want us to assess
is included in the ONE document that you submit. No additional files will be accepted either
via myUnisa or email. This includes the academic-honesty declaration! If you choose to
resubmit your portfolio before the due date, please note that a second submission automatically
replaces the first submission on the system. (Please read again para 8.5 above dealing with the
“Resubmit” option.)

Please note that once you have submitted your portfolio submission online, you will not be
able to VIEW the document afterwards. You are able to view submitted assignments, but not
a submitted examination, such as a portfolio. Therefore, it is of the utmost importance that you
make sure that you submit the correct and complete document BEFORE you submit it.

Please keep a copy of your portfolio. Also, follow all the steps required for submission. If
you fail to do so, the system will show that you did not submit the portfolio assignment, and your
examination result will read “absent from examination”. Your lecturers cannot assist you with
any technical problems that you might experience during the online submission process. You
have to make sure to submit on time, since you are the student and you are responsible for
your own learning and assessments.

To summarise:

You will be viewed as absent from the examination / receive a mark of 0% / be penalised in the
following circumstances:
 If you do not submit your portfolio before the due date;
 If you do not submit the correct document;
 If you do not submit the complete document;
 If you do not submit online via myUnisa;
 If you do not submit your portfolio in PDF format;
25
 If the file format of your portfolio cannot open, is a secured document, or is a read-only
file; or
 If you plagiarised, copied from the study material, or copied from a fellow student.

Remember that it is the student’s responsibility to ensure that he/she submits the correct
and complete document in the correct file format before the due date.

All queries regarding problems with myUnisa must be addressed to the Assignment Department
or the ICT Department and not to the lecturers. We cannot provide any technical assistance.
Please address all complaints and requests for assistance to assign@unisa.ac.za or
myUnisaHelp@unisa.ac.za.

B. Required information

The cover page of your portfolio must contain your full name(s), student number, module
code and unique number.

Please also sign, complete and attach your academic-honesty declaration (available in
Addendum B below) at the end of your portfolio. It is also acceptable to provide your ID number
or passport number instead of your signature. Please note that you will lose marks if your
answers indicate copying, plagiarism or collaboration with other parties. Also, if plagiarism is
suspected, your portfolio could be referred for possible disciplinary proceedings.

C. Format of the portfolio

Tutorial Letter 201 will be sent out two weeks before the due date of the portfolio and will be
available on the HFL1501 myUnisa site under “Official Study Material” and “Additional
Resources”. It contains not only the questions for the portfolio examination, but also detailed
information on the requirements for the portfolio, as well as instructions on how to submit the
portfolio online via myUnisa. As soon as the tutorial letter becomes available, students will be
notified via email. Please check your myLife email account and the HFL1501 Announcements
forum regularly to stay up to date.

The portfolio counts EIGHTY (80) marks.

The portfolio consists of three different sections, each one focussing on a different part of the
study material. Before you attempt to answer the questions, you must familiarise yourself with
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the contents of the Study Guide as some questions may require you to refer to various learning
units from different parts of in the study material.

8.8.2 Portfolio examination due date

This module is offered in a semester period of fifteen weeks. This means that if you are
registered for the first semester, you will write the portfolio examination in May/June 2021; if you
then qualify for a supplementary examination, which will be written in October/November 2021.
If you are registered for the second semester, you will write the portfolio examination in
October/November 2021; the supplementary examination will then be written in May/June 2022.
No other dates will be scheduled for supplementary examinations.

Students who registered for HFL1501 in the first semester should submit their portfolio
examination on or before midnight on 17 May 2021. Absolutely no exceptions will be made
in this regard. Rather submit early if at all possible.

Students who registered for HFL1501 in the second semester should submit their portfolio
examination on or before midnight on 25 October 2021. Absolutely no exceptions will be
made in this regard. Rather submit early if at all possible.

8.8.3 The scope of the portfolio examination

All the study material must be studied in its entirety before you attempt the portfolio. No part of
the study material should be ignored during your preparation for the portfolio. You must see the
contents of the Study Guide as an integrated whole. This means that you must be aware that
content from one part of the study material is related to contents from another part. Some
portfolio questions will have to be answered by referring to content from more than one learning
unit or by referring to more than one part of the study material.

8.8.4 The format of the portfolio examination

You will write and submit a portfolio examination that counts 80 marks.

You must study the Study Guide carefully and keep in mind that the assignments and our
feedback on them form part of the study material for this module. Our feedback on the
assignments will greatly assist you in preparing for the portfolio examination.

27
The portfolio examination is made up of the following components:

Part 1: 20 marks
Part 2: 40 marks
Part 3: 15 marks
Technical aspects: 5 marks
TOTAL: 80 marks

9 FREQUENTLY ASKED QUESTIONS

Please see the module’s myUnisa page (go to the link for “FAQs”) to access questions and
answers related to the portfolio examination, examination administration, e-tutors, the
assignments and your study material. Please read these questions and answers carefully. Many
of your queries about the module will be answered by the information posted there.

10 IN CLOSING

We trust that you will enjoy this module. Please remember that you are welcome to contact us
should you have any questions relating to the content of this module. We wish you success with
your studies.

Kind regards

Ms A BAULING
Ms L WILDENBOER
Prof F ABIOYE

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11 ADDENDA

11.1 Addendum A: Assignments for the FIRST semester

FIRST SEMESTER: ASSIGNMENT 01

CLOSING DATE: 18 March 2021
UNIQUE NUMBER: 828509

Assignment 01 assesses your understanding of

PART 1 of the Study Guide (The origins of South African law)

Instructions for submission:

Before attempting to submit any assignment for this module, please read the important
information in paragraphs 8.3 to 8.6 (pp 12-18) above. Failure to comply with any of these
instructions could result in a reduced mark or ZERO (0%) for this assignment.
This is a multiple-choice question assignment and consists of 20 questions. It may be
submitted in one of three ways:

 It may be submitted online/electronically via myUnisa. Follow the instructions under the
“Assessment Info” tab of your myUnisa page. Please also read paragraph 8.5 on pages 19-
21 of this tutorial letter for more information on how to submit assignments;
 It may be submitted online/electronically via the Unisa App for smart phones. Please follow
the instructions provided carefully.
 It may be completed on a mark-reading sheet and posted or couriered to the University. You
must remember to fill in your student number, as well as the correct unique number, on the
mark-reading sheet before submitting it. However, it is still your responsibility to ensure that
hard copy assignments reach the University before the due date.

NO other form of submission is allowed for multiple-choice question assignments. Note

that assignments may NOT be submitted by fax or email.

Please note that you do not have to submit an honesty declaration with your multiple-
choice question assignment.

Question 1

Which one of the following is not an official source of South African law?

(1) The common law

(2) Islamic law
(3) Indigenous African law
(4) Judicial precedent

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Question 2

Which one of the following statements regarding the South African legal system is not correct?

(1) It is a pluralistic legal system.

(2) It has features of various legal traditions.
(3) It is a codified legal system.
(4) It is a mixed legal system.

Question 3

Which one of the following statements regarding the South African common law is correct?

(1) The South African common law consists of only Roman-Dutch law.
(2) The South African common law consists of Roman-Dutch law and indigenous African law.
(3) The South African common law consists of Roman-Dutch law, influenced by English law
and indigenous African law.
(4) The South African common law consists of Roman-Dutch law, influenced by English law
and adapted over the centuries by local legislation and judicial precedent.

Question 4

Which one of the following statements regarding the application of indigenous African law is not
correct?

(1) It appears that the Bantu speakers came to South Africa 1 500 years ago.
(2) Indigenous law has, to some extent, been recorded through legislation and restatement,
and is no longer essentially oral in nature.
(3) Until the 1950s, pre-colonial history in Africa was a much neglected part of historical
research.
(4) Ethnography and archaeology are two disciplines that are used when researching pre-
colonial African history.

Question 5

In which one of the following decisions did the Constitutional Court hold that the natural
interpretation of the word “spouse” in the Intestate Succession Act 81 of 1987 and in the
Maintenance of Surviving Spouses Act 27 of 1990 should include partners in a monogamous
Muslim marriage?

(1) Daniels v Campbell

(2) Ismail v Ismail
(3) Ryland v Edros
(4) Hassam v Jacobs

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Question 6

Which one of the following statements regarding the ancient Greek philosophers and legal
system is not correct?

(1) Greek philosophers, such as Plato and Aristotle, wrote much on the purpose of the law,
the ideal society and the nature of justice.
(2) The roots of critical thinking in the Western tradition originated in ancient Greece.
(3) The content and structure of ancient Greek law greatly influenced the South African legal
system.
(4) The ancient Greeks’ ideal of a scientific and rational legal system greatly influenced the
Western legal tradition.

Question 7

Read the following scenario and then answer the question by choosing the correct option:

It is the second century BC. Flavius, a Roman merchant, enters into an agreement with
Nikolaus, a Greek potter, to send him two hundred finely crafted Greek urns. However, when
the urns finally arrive three months later, Flavius claims that the quality of the urns is not as
agreed. Flavius refuses to accept the shipment and tells Nikolaus that he considers the contract
to be void. Nikolaus is very distraught as he has travelled far in order to personally deliver the
urns to Flavius in Rome; Nikolaus needs to sell the urns to be able to afford the journey home.
He decides to take the dispute to court.

Which official will administer justice, and determine the civil procedure that the parties should
follow in their lawsuit? Choose your answer from one of the following options:

(1) The aediles curules

(2) The praetor peregrinus
(3) The praetor urbanus
(4) The emperor

Question 8

Which one of the following statements regarding the development of Roman law is correct?

(1) During the republican period, the king of Rome was the supreme judge and he made the
law.
(2) The Statute of Citation codified the praetorian edicts and was promulgated during the
period of the Principate.
(3) The post-classical era was characterised by the decline of classical Roman science.
(4) During the later years of the Monarchy, the jurists developed into a separate group that
gave free legal advice to the public.

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Question 9

Which one of the following factors did not contribute to the revival of Roman law in Western
Europe in the eleventh century?

(1) The law of that time could no longer satisfy the needs of a more complex and
sophisticated society.
(2) In terms of the feudal system, each region, city or town had its own separate legal system.
(3) The legal diversity at the time hampered trade and created a need for one universal written
legal system.
(4) Roman law, a sophisticated legal system, was known to everybody and was easily
available in the form of the Decretum Gratiani.

Question 10

In this module, you have learned about the work of an old Roman-Dutch author that formed the
basis of the law of the Zuid-Afrikaansche Republiek. What is the name of this author?

(1) Johannes Voet

(2) Dionysius van der Keessel
(3) Johannes van der Linden
(4) Simon van Leeuwen

Question 11

Which one of the following was a formal source of law at the Cape during the period of Dutch
rule (1652–1795)?

(1) The Constitution of the Union of South Africa

(2) The old writers on Roman-Dutch law
(3) General principles and ideas
(4) The Code Civil

Question 12

Which one of the following documents expressly stipulated that English law would replace
Roman-Dutch law as the applicable legal system at the Cape after 1795?

(1) The First Charter of Justice

(2) The Second Charter of Justice
(3) The Articles of Capitulation
(4) None of the above

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Question 13

The second British Occupation of the Cape took place in 1806. During which century did this
event take place?

(1) The sixteenth century

(2) The seventeenth century
(3) The eighteenth century
(4) The nineteenth century

Question 14

Which event took place on 21 March 1960 and had a profound influence on the course of South
African history?

(1) The Women’s March against pass laws took place.

(2) The Sharpeville massacre took place.
(3) Mahatma Gandhi led a passive resistance campaign in the Indian community in the
Transvaal.
(4) Khoi labourers and slaves rebelled against their employers/owners.

Question 15

Which one of the following political leaders addressed the United Nations in 1963 on the
political situation in South Africa?

(1) Bishop Desmond Tutu

(2) Oliver Tambo
(3) Chief Albert Luthuli
(4) Nelson Mandela

Question 16

Which one of the following statements regarding the South African liberation movement is not
correct?

(1) The movement questioned the moral justifiability of Roman-Dutch law as the true
foundation of South African law to the exclusion of indigenous law.
(2) The movement initially made use of passive resistance and civil disobedience to achieve
its aims.
(3) The movement’s activities had no impact on the internal legal historical development of
South African law.
(4) The movement endeavoured to create a just society and a legitimate legal order.

33
Question 17

In its report, the Truth and Reconciliation Commission found that our courts’ inability to take a
stand against the onslaught of apartheid legislation was due to various factors. Which one of the
following was not listed as a factor?

(1) The principle that judges could only administer law and not create it
(2) The doctrine of parliamentary sovereignty
(3) Legal positivism
(4) The application of Roman-Dutch law

Question 18

Which one of the following approaches to the principle of constitutionalism applied in terms of
the Constitution of the Union of South Africa?

(1) Complete denial of constitutionalism

(2) Partial recognition of constitutionalism
(3) Full recognition of constitutionalism
(4) None of the above

Question 19

Determine the correct chronological order in which the following human rights documents were
adopted. Which one of these was implemented the most recently?

(1) The Universal Declaration of Human Rights

(2) The American Declaration of Independence
(3) The African Charter on Human and People’s Rights
(4) The Constitution of France established after the French Revolution

Question 20

In which one of the following decisions did the Constitutional Court hold that the South African
Constitution and Bill of Rights are also deeply rooted in the values of the South African
community itself, and that ubuntu is the source of African values?

(1) S v Makwanyane and another

(2) Harris v Minister of the Interior
(3) Hendricks v Hendricks and others
(4) Pearl Assurance Co v Government of the Union of South Africa

[TOTAL: 20 marks]

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FIRST SEMESTER: ASSIGNMENT 02

CLOSING DATE: 29 March 2021
UNIQUE NUMBER: 815840

Assignment 02 assesses your understanding of PART 2 of the Study Guide

(Historical foundations of property law and obligations)

IMPORTANT: HOW TO SUBMIT THIS ASSIGNMENT

Before attempting to submit any assignment for this module please read the important
information in paragraphs 8.3 to 8.6 (pp 12-18) above. Failure to comply with any of these
instructions could result in a reduced mark or ZERO (0%) for this assignment.
There are several ways in which you may submit this assignment:
1. The preferred mode of submission of assignments is electronically via myUnisa.
Assignments submitted electronically should be sent in pdf format. This means that you
must either type out your answers and convert the file into a pdf document, or scan in hand-
written or typed answers in order to create a pdf file. If you choose to scan in a document,
this pdf submission should consist of ONE document – do not scan in and submit each
page of your assignment separately. Please make sure that electronically submitted
assignments consist of one complete document, containing all the pages you wish to
submit. We suggest that students get in the habit of submitting assignments online, since
there are modules in the LLB degree that insist on electronic submission. So start practising
now. If you choose to submit online, do not wait until the last day before the deadline. Plan
ahead and submit in time.
2. You may write or type out the answers and post your assignment to: Assignments
(HFL1501), Unisa, PO Box 392, Pretoria 0003. This is not encouraged, since assignments
sometimes go missing in the mail. Remember, it is still your responsibility to ensure that the
assignment reaches the University before the due date.
3. You may make use of the courier service that operates as an affiliate (partner) of Unisa.
Assignments may be dropped off at this partner. Please see the Study@Unisa brochure for
more information in this regard.
PLEASE remember to include your name and student number, as well as the module code,
assignment number and unique number on your assignment submission. Please also complete
and include a signed academic-honesty declaration. Note that assignments may NOT be
submitted via fax or email. For more information, see your Study@Unisa brochure. Errors made
in the submission of assignments (resulting in your assignment never reaching us) may mean
that a mark of ZERO (0%) is awarded to you.

QUESTION 1: Learning unit 1

When writing, what is the correct way to refer to the South African Constitution currently in
force? (1)
[1]

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QUESTION 2: Learning unit 2

2.1 Read the following scenarios carefully and identify the mode of delivery used by the
parties:
(a) Igshaan and Nasir agree that Nasir will buy Igshaan’s house. Nasir pays the purchase
price, and the parties agree that Igshaan may live in the house for three more months
before Nasir may move in. During this time, Igshaan will pay rent to Nasir. (1)
(b) Tshego and Lerato conclude an agreement in terms of which Tshego agrees to buy
Lerato’s car. After the purchase price is paid, Lerato hands Tshego the car keys. (1)

2.2 Consider the protection of unlawful occupiers of land under modern South African law and
answer the following questions:
(a) Why do you think the Constitution protects the rights of unlawful occupiers of land?
Consider relevant historical factors and applicable fundamental rights in your answer. (3)
(b) How does modern South African law protect the rights of unlawful occupiers of land? (3)
[8]

QUESTION 3: Learning unit 3

3.1 Indicate whether the agreements in the following scenarios contain a resolutive term, a
resolutive condition, a suspensive term or a suspensive condition:

(a) Neo agrees to lease his house to Mathapelo for the month of August 2021. (1)
(b) Naledi agrees to employ Jacobus full-time from March 2021, if Jacobus passes all his
matric examinations. (1)

3.2 Indicate whether the following statements are TRUE or FALSE, by writing down only “True”
or “False” as your answer:
(a) The seller has to be the owner of the thing sold in order for the contract of sale to be valid.
(1)
(b) Including a voetstoots clause in a contract of sale has the effect that a seller may not be
held liable for any defects found in the object of sale after the agreement is concluded. (1)
(c) The Consumer Protection Act 68 of 2008 is applicable to all sales agreements concluded
in South Africa. (1)

3.3 Explain why freedom of contract is not always beneficial to all contracting parties. (2)
[7]

QUESTION 4: Learning unit 4

Read the following scenario and answer the questions that follow:

Joseph is angry at David and, in an act of brutal retaliation, Joseph kicks David’s sheep to
death.

4.1 Which delict has Joseph committed? (1)

4.2 In 2021, under modern South African law, David is entitled to claim damages from Joseph
because of his actions. If the same deed was committed in 250 BC under the Roman legal
principles applicable at the time, would David have been entitled to claim damages?
Provide reasons for your answer. (3)
[4]

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 HFL1501/101/3/2021

Please complete and include the academic-honesty declaration in your assignment

submission. This declaration is available on the next page of this tutorial letter. An electronic
copy is also available under Additional Resources on myUnisa. This declaration cannot be
submitted separately after your submission has been completed. Note that you will not be
penalised for not including the declaration in Assignment 2. It is, however, very important to
remember to include the declaration in your portfolio submission at the end of the semester.

[TOTAL: 20 marks]

ACADEMIC HONESTY DECLARATION

Declaration
1. I understand what academic dishonesty entails and am aware of Unisa’s policies in this
regard.
2. I declare that this assignment is my own, original work. Where I have used someone else’s
work I have indicated this by using the prescribed style of referencing. Every contribution
to, and quotation in, this assignment from the work or works of other people has been
referenced according to this style.
3. I have not allowed, and will not allow, anyone to copy my work with the intention of passing
it off as his or her own work.
4. I did not make use of another student’s work and submitted it as my own.
NAME:
SIGNATURE / ID NUMBER/ PASSPORT NUMBER:
STUDENT NUMBER:
DATE:

37
11.2 Addendum B: Assignments for the SECOND semester

SECOND SEMESTER: ASSIGNMENT 01

CLOSING DATE: 27 August 2021
UNIQUE NUMBER: 733562

Assignment 01 assesses your understanding of

PART 1 of the Study Guide (The origins of South African law)

Instructions for submission:

Before attempting to submit any assignment for this module please read the important
information in paragraphs 8.3 to 8.6 (pp 12-18) above. Failure to comply with any of these
instructions could result in a reduced mark or ZERO (0%) for this assignment.

This is a multiple-choice question assignment and consists of 20 questions. It may be

submitted in one of three ways:

 It may be submitted online/electronically via myUnisa. Follow the instructions under the
“Assessment Info” tab of your myUnisa page. Please also read paragraph 8.5 on pages 15-
17 of this tutorial letter for more information on how to submit assignments.
 It may be submitted online/electronically via the Unisa App for smart phones. Please follow
the instructions provided carefully.
 It may be completed on a mark-reading sheet and posted or couriered to the University. You
must remember to fill in your student number as well as the correct unique number on the
mark-reading sheet before submitting it. However, it is still your responsibility to ensure that
hard copy assignments reach the University before the due date.

NO other form of submission is allowed for multiple-choice question assignments. Note

that assignments may NOT be submitted via fax or email.

Please note that you do not have to submit an honesty declaration with your multiple-choice
question assignment.

Question 1

Which one of the following events regarding the Covid-19 pandemic in South Africa is an
example of an internal legal historical event?

(1) On 5 March 2020, the first confirmed case of Covid-19 was announced.
(2) On 15 March 2020, the President of the Republic of South Africa declared a state of
national disaster.
(3) On 18 March 2020, the Department of Co-operative Governance and Traditional Affairs
issued regulations with the purpose of preventing an escalation of the disaster.
(4) On 23 March 2020, the President of the Republic of South Africa announced a national
lockdown starting at midnight on 26 March 2020.

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 HFL1501/101/3/2021

Question 2

South Africa has a hybrid legal system, because it reveals characteristic features of the
following legal traditions:

Choose your answer from one of the following options:

(1) Indigenous, Islamic and English traditions

(2) African, civil-law and common-law traditions
(3) Civil-law, human-rights and African traditions
(4) Universal, Roman-Dutch and African traditions

Question 3

Which one of the following terms best describes the process of reducing a legal system to a
comprehensive written version of the law that has the force of legislation?

(1) Reception
(2) Transplantation
(3) Imposition
(4) Codification

Question 4

Which one of the following statements regarding the application of indigenous African law
during the nineteenth century is correct?

(1) The Orange Free State never officially recognised indigenous African law.
(2) The 1883 code of indigenous law adopted by the Transkeian Territories formed part of the
indigenous family law of the Cape colony.
(3) In those South African territories where indigenous African law was recognised, it was
subject to the application of the repugnancy clause.
(4) Indigenous African law was heavily regulated by the government during the period of
Dutch rule of the Cape.

Question 5

Which decision of the Constitutional Court led to the South African Law Reform Commission’s
investigation of the indigenous law of succession and its recommendation that the customary
rule of male primogeniture be abolished insofar as it applies to the law of succession?

(1) Daniels v Campbell

(2) Bhe and others v Magistrate, Khayelitsha and others; Shibi v Sithole and others; SA
Human Rights Commission and another v President of the Republic of South African and
another
(3) Pharmaceutical Manufacturers Association of South Africa and another: In re Ex Parte
President of the Republic of South Africa and others
(4) African National Congress v Congress of the People and others

39
Question 6

Read the following scenario and then answer the question by choosing the correct option:

It is the second century BC. Flavius, a Roman merchant, enters into an agreement with
Nikolaus, a Greek potter, to send him two hundred finely crafted Greek urns. However, when
the urns finally arrive three months later, Flavius claims that the quality of the urns is not as
agreed. Flavius refuses to accept the shipment and tells Nikolaus that he considers the contract
to be void. Nikolaus is very distraught as he has travelled far in order to personally deliver the
urns to Flavius in Rome; Nikolaus needs to sell the urns to be able to afford the journey home.
He decides to take the dispute to the praetor.

Which body of legal rules will the praetor apply to this dispute? Choose your answer from one of
the following options:

(1) The ius civile

(2) The ius gentium
(3) The ius honorarium
(4) The leges Romanae barbarorum

Question 7

The Statute of Citation was proclaimed in AD 426. During which century did this event take
place?

(1) The third century AD

(2) The fourth century AD
(3) The fifth century AD
(4) The sixth century AD

Question 8

Which one of the following was one of the Five Great Roman jurists?

(1) Ulpian
(2) Justinian
(3) Bellaperche
(4) Accursius

Question 9

Which one of the following factors contributed to the reception proper of Roman law in the
Netherlands?

(1) The development of the historical school during the nineteenth century.
(2) The foundation of the University of Louvain in the fifteenth century.
(3) The codification of French civil law by Napoleon in 1804.
(4) The introduction of the French civil code into the Kingdom of Holland in 1809.

40
 HFL1501/101/3/2021

Question 10

Which one of the following Southern African countries does not share the common legal
heritage of indigenous African law and Roman-Dutch law, as influenced by English law?

(1) Lesotho
(2) Botswana
(3) Namibia
(4) Mozambique

Question 11

Which old Roman-Dutch author of whom you have learned in this module also translated a
number of treatises by the French jurist, Pothier?

(1) Simon van Leeuwen

(2) Johannes Voet
(3) Dionysius van der Keessel
(4) Johannes van die Linden

Question 12

Which one of the following statements regarding the broad or narrow interpretation of Roman-
Dutch law is correct?

(1) In Du Plessis v Strauss, the Supreme Court of Appeal decided in favour of the broad
interpretation of Roman-Dutch law.
(2) In terms of the narrow interpretation, the law of all seven Dutch provinces can be taken
into account.
(3) In terms of the broad interpretation, the elements of the European ius commune can be
taken into account
(4) In terms of the narrow interpretation, canon law can be taken into account.

Question 13

In the South African legal system, which court remained the highest court of appeal from 1828
until 1950?

(1) The Constitutional Court

(2) The Privy Council
(3) The Raad van Justitie
(4) The Appellate Division

Question 14

Which one of the following statements regarding the reception of English law at the Cape
between 1828 and 1910 is correct?

(1) The Cape experienced a practical reception of English law.

(2) The Cape experienced a scientific reception of English law.
(3) The Cape experienced a practical and a scientific reception of English law.
(4) The Cape experienced no reception of English law.

41
Question 15

Which one of the following documents is regarded by some as the blueprint for a democratic
South Africa and as a symbol of the struggle against apartheid?

(1) The Africans’ Claims

(2) The ANC’s Constitutional Guidelines for a Democratic South Africa
(3) The Freedom Charter
(4) The Harare Declaration

Question 16

Which one of the following statements regarding South Africa’s infamous pass laws is correct?

(1) The criminal jurisdiction of the commissioners’ courts later included the enforcement of the
pass laws.
(2) The pass laws were designed to restrict the residence and movement of all South
Africans.
(3) Mass action by black and coloured women in the Free State in 1913 had no effect on the
enforcement of the pass laws.
(4) The restriction of the free movement of the South African population occurred only after
the National Party came to power in 1948.

Question 17

Which one of the following statements regarding the liberation movement is not correct?

(1) The liberation movement questioned the legitimacy of apartheid legislation.

(2) The liberation movement questioned the application of Magna Carta.
(3) The liberation movement questioned the limited recognition of indigenous law and
institutions.
(4) The liberation movement questioned the application of Roman-Dutch law as the
foundation of the South African common law.

Question 18

In the Republic of Utopia, the courts may test whether legislation was adopted in accordance
with the relevant prescribed procedures, as well as whether the legislation is in line with the
values of the Utopian constitution. Which approach to constitutionalism applies in the Republic
of Utopia?

(1) Full recognition of constitutionalism

(2) Partial recognition of constitutionalism
(3) Complete denial of constitutionalism
(4) The principle of constitutionalism is not applied in the Republic of Utopia

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 HFL1501/101/3/2021

Question 19

Which one of the following statements regarding parliamentary sovereignty in South Africa is
not correct?

(1) Parliamentary sovereignty is part of our English law heritage.

(2) Parliamentary sovereignty was highlighted by the Truth and Reconciliation Commission as
one of the factors that prevented the courts from taking a stand against the onslaught of
apartheid legislation.
(3) Parliamentary sovereignty means that the constitution is supreme.
(4) Parliamentary sovereignty was replaced with constitutional supremacy by the 1993 and
1996 Constitutions.

Question 20

Which one of the following statements regarding the study of legal history is not correct?

(1) A thorough knowledge of the history of South African law enables one to work with the
sources of law.
(2) A thorough knowledge of the history of South African law enables one to assess the
significance and value of the sources of law.
(3) A thorough knowledge of the history of South African law makes it possible to undertake
meaningful law reform.
(4) A thorough knowledge of the history of South African law ignores the context within which
legal concepts originated.

[Total: 20 marks]

43
____________________________________________________________________________

SECOND SEMESTER: ASSIGNMENT 02

CLOSING DATE: 6 September 2021
UNIQUE NUMBER: 745668

Assignment 02 assesses your understanding of PART 2 of the Study Guide

(Historical foundations of property law and obligations)

IMPORTANT: HOW TO SUBMIT THIS ASSIGNMENT

Before attempting to submit any assignment for this module please read the important
information in paragraphs 8.3 to 8.6 (pp 12–18) above. Failure to comply with any of these
instructions could result in a reduced mark or ZERO (0%) for this assignment.
There are several ways in which you may submit this assignment:
1. The preferred mode of submission of assignments is electronically via myUnisa.
Assignments submitted electronically should be sent in pdf format. This means that you
must either type out your answers and convert the file into a pdf document, or scan in hand-
written or typed answers in order to create a pdf file. If you choose to scan in a document,
this pdf submission should consist of ONE document – do not scan in and submit each
page of your assignment separately. Please make sure that electronically submitted
assignments consist of one complete document, containing all the pages you wish to
submit. We suggest that students get in the habit of submitting assignments online, since
there are modules in the LLB degree that insist on electronic submission. So start practicing
now. If you choose to submit online do not wait until the last day before the deadline. Plan
ahead and submit in time.
2. You may write or type out the answers and post your assignment to: Assignments
(HFL1501), Unisa, PO Box 392, Pretoria 0003. This is not encouraged, since assignments
sometimes go missing in the mail. Remember, it is still your responsibility to ensure that the
assignment reaches the University before the due date.
3. You may make use of the courier service that operates as an affiliate (partner) of Unisa.
Assignments may be dropped off at this partner. Please see the Study@Unisa brochure for
more information in this regard.
PLEASE remember to include your name and student number, as well as the module code,
assignment number and unique number on your assignment submission. Please also complete
and include a signed academic-honesty declaration. Note that assignments may NOT be
submitted via fax or email. For more information see your Study@Unisa brochure. Errors made
in the submission of assignments (resulting in your assignment never reaching us) may mean
that a mark of ZERO (0%) is awarded to you.

QUESTION 1: Learning unit 1

Describe transformative constitutionalism in your own words. (2)

[2]

44
 HFL1501/101/3/2021

QUESTION 2: Learning unit 2

2.1 How is a real right enforced? (2)

2.2 Read the following scenario and answer the question that follows:

Leo has a servitude to draw water from the farm of his neighbour, Barry. He is, however,
unable to draw the water as the pipe is blocked. Leo now demands that Barry, as owner of
the servient land, cleans and maintains the duct.

Is Leo’s claim correct? Provide a reason for your answer. (2)

2.3 Consider the current position on land reform as described in section 25 of the Constitution
of the Republic of South Africa, 1996 and answer the following questions:

(a) Is expropriation without compensation currently possible under South African law? Provide
a reason for your answer. (2)
(b) Do you agree with the current expropriation arrangements as set out in section 25?
Provide a reason for your answer. (2)
[8]

QUESTION 3: Learning unit 3

3.1 Indicate whether the performance in the agreement concluded in the following scenario is
(a) specific performance, or (b) unspecified performance. Write down only “A” or “B” as
your answer:

Orabile gets drunk and accidentally fires his pistol near the fence separating his farm from
Mzu’s farm. The bullet from Orabile’s weapon kills Mzu’s prized bull. The bull has won
awards at two local competitions. Orabile undertakes to compensate Mzu for his loss. He
will pay Mzu the amount an independent appraiser determines as the value of the bull at
the time of its death. (1)

3.2 Read the following statements and identify whether the contract described in each is
VALID, VOID or VOIDABLE. Write down only “valid”, “void” OR “voidable” as your answer:

(a) John buys two movie tickets from Andile. John is under the impression that he is buying
the tickets from a woman named “Ayanda”. (1)
(b) Against his will, Rabelani agrees to sell his house to Xoli at a very low price, but only after
Xoli threatens to kidnap Rabelani’s daughter. (1)
(c) Mia tries to convince Lienkie to buy her old coffee machine. Mia lies to Lienkie and tells
her that the coffee machine was bought last month and that it had only been used twice.
Based on this false information, Lienkie buys the machine from Mia. (1)

3.3 Did good faith once again become a contractual requirement in South African law after the
judgment in Everfresh Market Virginia (Pty) Ltd v Shoprite Checkers (Pty) Ltd 2012(1) SA
256 (CC) was handed down? Explain your answer. (2)
[6]

45
QUESTION 4: Learning unit 4

4.1 Indicate whether the following statements are TRUE or FALSE, by writing down only “True”
or “False” as your answer:

(a) “Damage” refers to the sum of money a wrongdoer should pay as compensation for the
harm he has caused the victim by committing a delict. (1)
(b) The Romans classified delicts committed by individuals against each other as private
delicts. (1)

4.2 What legal remedy is available to the victim of iniuria? (2)

[4]

Please complete and include the academic-honesty declaration in your assignment

submission. This declaration is available on the next page of this tutorial letter. An electronic
copy is also available under Additional Resources on myUnisa. This declaration cannot be
submitted separately after your submission has been completed. Note that you will not be
penalised for not including the declaration in Assignment 2. It is, however, very important to
remember to include the declaration in your portfolio submission at the end of the semester.

[TOTAL: 20 marks]

ACADEMIC HONESTY DECLARATION

Declaration
1. I understand what academic dishonesty entails and am aware of Unisa’s policies in this
regard.
2. I declare that this assignment is my own, original work. Where I have used someone else’s
work I have indicated this by using the prescribed style of referencing. Every contribution
to, and quotation in, this assignment from the work or works of other people has been
referenced according to this style.
3. I have not allowed, and will not allow, anyone to copy my work with the intention of passing
it off as his or her own work.
4. I did not make use of another student’s work and submitted it as my own.
NAME:
SIGNATURE / ID NUMBER / PASSPORT NUMBER:

STUDENT NUMBER:

46
 HFL1501/101/3/2021

11.3 ADDENDUM C: PLAGIARISM POLICY OF THE COLLEGE OF LAW

The College of Law is committed to the Unisa ideal of research that is based on integrity, quality
and rigour. All work must meet the ideal of academic integrity. Academic integrity can be
defined as the meaningful and concerted effort to ensure honesty, trust, fairness, respect and
responsibility in research. All research at CLAW, whether a first-year assignment or a doctoral
thesis, should be guided by this ideal.

The opposite of academic integrity is academic dishonesty. In line with Unisa's policies, the
following activities (amongst others) are forms of academic dishonesty:

 Copying/cut-and-paste/patch-writing: This type of dishonesty involves copying

someone else's work either word-for-word or changing it slightly without indicating that it
is copied by, for example, putting it in inverted commas or brackets.
 Absence of references: This involves using someone else's ideas, thoughts, insights or
data without acknowledging that they are not your own.
 Cheating/falsifying information: This is the manufacturing of data which does not exist
or leaving out contradictory evidence, also sometimes called cherry-picking.
 Padding: This refers to the practice of referring to sources that were not personally
consulted by the student, but which makes the footnotes and/or bibliography seem more
impressive.
 Too many quotes: This form of dishonesty is one where more than 15% of the work
consists of quotes.
 Incorrect referencing: Incorrect referencing shows a lack of rigour and of disciplinary
expertise.
 Helping someone cheat: This might range from the innocuous (allowing someone to
copy from you) to the more severe (providing someone with the means to cheat). It is the
reason why students are not allowed to hand in the same assignment, even if they
worked in a group.

In addition, please note the following:

 It has come to the University’s attention that several people and/or entities are soliciting
Unisa students, undertaking to write examination on your behalf for a fee. Please do not
fall for this as the University is aware of this and has put measures in place to deal with
this. If it is found that the work that you submitted is not your own, you will be subjected

47
 to disciplinary proceedings (see below) by the University as the University considers this
as serious misconduct.

 It is therefore of the utmost importance that you make sure that you write and submit your
own individual work. In other words, you must not discuss your examination answers with
anyone. We reserve the right to submit your work to an electronic program to check
whether the answers submitted have been copied from internet sources and/or from
other students. If it is found that the work has been plagiarised, you will be awarded a
mark of zero (0%) and you may also be subjected to disciplinary proceedings by the
University since the University views acts of copyright infringement and plagiarism as a
serious offence. Plagiarism is the act of taking words, ideas and thoughts of others
and presenting them as your own without acknowledging the owner or source of
those ideas. The Disciplinary Code is found in the Study@Unisa brochure and is also
made available to you upon your registration. Please familiarise yourself with the
Disciplinary Code, particularly chapter 3 (1.19) in conjunction with UNISA’s Policy on
Copyright Infringement and Plagiarism. You can find the plagiarism policy at the following
site:
https://www.unisa.ac.za/sites/myunisa/default/Assignments-&-
Examination/Assignments/Plagiarism

48
 HFL1501/101/3/2021

11.4 ADDENDUM D: ACADEMIC HONESTY DECLARATION

Declaration
1. I understand what academic dishonesty entails and am aware of Unisa’s policies in this
regard.
2. I declare that this assignment is my own, original work. Where I have used someone else’s
work I have indicated this by using the prescribed style of referencing. Every contribution
to, and quotation in, this assignment from the work or works of other people has been
referenced according to this style.
3. I have not allowed, and will not allow, anyone to copy my work with the intention of passing
it off as his or her own work.
4. I did not make use of another student’s work and submitted it as my own.
NAME:
SIGNATURE / ID NUMBER/ PASSPORT NUMBER:
STUDENT NUMBER:

DATE:

49