Podcast
Questions and Answers
What is the primary reason Emma decides to engage in sex work?
What is the primary reason Emma decides to engage in sex work?
Under which legislation is prostitution considered a crime in South Africa?
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 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?
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?
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?
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?
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?
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?
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?
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.
