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SCL1501 Assignment 1 2023 PDF

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669 views

SCL1501 Assignment 1 2023 PDF

Uploaded by

Melusi Mvelo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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SCL1501 Assignment 1 SEMESTER 1 2023 TOTAL [50]

QUESTION 1

Read Study Unit 1 in your Study Guide and answer the following questions:

1.1 Discuss the relevance of "learning by doing", especially for law students. (4)

1.2 Read the section on “finding an Act of Parliament” (Study Unit 3 of your Study Guide)
and then find any Act of Parliament. With reference to that Act, explain the following:

a) Preamble (2)
b) Long Title (2)
c) Date of Effect (2)
(6)

QUESTION 2

“So, the Advocate Dali Mpofu is correct, we can afford free education for all South African
children. But where I come from, I do not jubilate at free education, I want to revisit the
curriculum; I want to know which publishing companies benefit from the education of our
children, where they come from and what their philosophy of education is”. Moss Mashamaite
(2014).

(a) Explain the notion of praxis and why it has no place in "banking education". (4)

(b) Discuss the above extract with reference to Freire’s views on education. (6)

QUESTION 3

(a) "Apart from the rules concerning the interpretation of Acts as contained in the Interpretation
of Act 33 of 1957, certain presumptions must also be taken into account."

Explain the reasons why it is important for presumptions to be taken into account. (4)

(b) Remember that there are three different types of cases: criminal, civil and constitutional
cases.

Explain when a case would be regarded as a criminal, civil or constitutional case. In your answer
refer to the courts which have jurisdiction to hear those cases. (5)

Open Rubric
QUESTION 4

Read the section on “litigation in a court of law” (Study Unit 4 of your Study Guide) and then
differentiate between (i) examination-in-chief and (ii) cross-examination”. Give practical
examples. (5)

QUESTION 5

Jane Doe purchased a Range Rover last week for R790 500 (VAT incl). While driving from
the Dube Port area along the N2 Road in Durban, she collides with John Wick, who is the
owner-driver of a Porshe Cayenne. Doe is 23% negligent, whereas Wick is 33% negligent.
The damage to the Range Rover is estimated at R175 000.00. It is uneconomical to repair
the Porsche, but its salvage value is R125 000.00. The pre-accident value of the Porsche
was R985 000.00.

With reference to the damages to Doe and Wick’s motor vehicles, calculate who must pay whom,
and what would be the amount in damages. (4)

Question 6

Lisa Malan, an attorney at Pieterse Attorneys, arranges an account for her client, Thabo
Makhene, on the following basis:

Every letter written R54


Every letter received R35
Drafting of summons R950
Drafting of an affidavit R66 per page or any part thereof
Telephonic consultations R180 per 15 minutes or any part thereof
Consultation R760 per 30 minutes or any part thereof
Stamps R4.20 VAT excl

During the past month Malan rendered the following services:

Received 7 letters
Wrote and posted 12 letters
Drafted 2 summonses
Drafted three affidavits: 1 consisting of 2 pages, 1 consisting of 2½ pages and 1 consisting of
3½ pages
Consulted twice telephonically: first for 26 minutes and later 16 minutes
Consultation twice: first for 35 minutes and later for 1 hour and 32 minutes
Instructed an Advocate to draft a document. The Advocate charged R975 VAT excl
Client went to Grahamstown Hospital to consult a doctor, and source out a medico-legal report.
The doctor charged R3 350.00 VAT excl.

Draft a comprehensive statement of account for Lisa Malan to Thabo Makhene. (12)
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: .…………………………………………………………………

STUDENT NUMBER: …………………………………………………………

DATE: …………………………………………………………………………...
ASSESSMENTS

Assignments 01 and 02 will be considered for your year mark. Your year mark constitutes
20% of your final mark. You need to obtain at least 40% in the examination before your
year mark will be taken into account.

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 EXAMINATION MARK counts 80% of your final mark.
• Your FINAL MARK for the module will thus be calculated as follows: 20% (year mark)
+ 80% (examination mark) = 100% (final mark).

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