Podcast
Questions and Answers
What is the primary reason Emma decides to engage in sex work?
Under which legislation is prostitution considered a crime in South Africa?
What is the stage of criminal procedure that involves officially charging a person with a crime and gathering evidence?
What is the maximum number of marks that can be awarded to a student for identifying the relevant stage of criminal procedure?
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What is the purpose of the lawyers representing the accused during the pre-trial stage?
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What is the primary goal of the criminal procedure in South Africa?
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What is the consequence of Emma's engagement in sex work?
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What is the stage of criminal procedure that follows the pre-trial stage?
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What is the purpose of the police officer taking Emma to the police station?
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What is the source of information that students can refer to for answering the question about the stages of criminal procedure?
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Study Notes
Assessment Details
- Formative Assessment 1: Introduction to South African Law (HISL130-1)
- Academic Year: 2024, January – June
- NQF Level, Credits: 5, 10
- Weighting: 20%
- Assessment Type: Essay Questions
- Educator and Examiner: Sinovuyo Janda
- Due Date: 28 March 2024
- Total: 100 Marks
Sources of South African Law
- Customary law has an equal status to any other law in South Africa
- For a custom to become law, it must:
- Have existed for a long time
- Be generally authorized and observed by the community
- Be reasonable
- Be certain and clear in terms of its content and meaning
Alternative Dispute Resolution Processes
- Mediation:
- A less formal, less time-consuming process
- More cost-effective than arbitration and litigation
- Helps preserve relationships between potential litigants
- The parties agree on the mediator
- A collaborative process between the mediator and the parties
The Concept of Law
- Legal realism:
- Focuses on how law is implemented and interpreted in reality
- Law cannot be viewed separately from society, morality, or human nature
- Law will never be entirely objective, as it is implemented by people
- Legal positivism:
- Separates laws and the legal framework from morality and moral frameworks
- The "justness" and/or morality of a law do not impact on its authority or validity
Legal Name of Presiding Officers and Court Jurisdiction
- Identify the legal name of the presiding officers of the various courts
- Explain the civil jurisdiction of the various courts
Procedural Law
- Explain various components of procedural law
- Differentiate between appeals and reviews
International and National Law
- Differentiate between international and national law
Case Scenario: Emma's Sex Work
- Emma is arrested for engaging in sex work, which is considered a crime in South Africa
- The case would proceed through the courts in three stages:
- Pre-trial stage: officially charging a person with a crime and gathering evidence
- Trial stage: the presentation of evidence and arguments
- Post-trial stage: the judgment and sentencing
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Description
This quiz assesses knowledge of sources of South African law, including customary law and its requirements to become a recognized law. It is a formative assessment for HISL130-1 course.
