Name :Aviwe

Surname :Lungu

Student number :16810600

Module code IRM 1501

Question 1

Document-based research is referred to as the qualitative method of research or quantitative research

and they are also synonyms when qualitative research is mentioned you should know that the research
is document based because it has to do with reviewing of sources that are mostly sourced from or found
in the library. Document based also refers to the analysis of documents that contains information about the
scenario or event under consideration. It is used to investigate, categorize and analyze physical sources, most
commonly written documents, in the social, public or digital world.

(a) The South African Law Journal is South Africa's premier law journal. It publishes articles, notes on
cases and book reviews by prominent members of the legal profession and academics. Founded in
1884, it is one of the oldest law journals of its kind in the world
(b) A textbook is a book containing a comprehensive compilation of content in a branch of study
with the intention of explaining it. Textbooks are produced to meet the needs of educators,
usually at educational institutions. Schoolbooks are textbooks and other books used in schools.
(c) Legislation refers to the preparation and enactment of laws by a legislative body through its
lawmaking process. The legislative process includes evaluating, amending, and voting on
proposed laws and is concerned with the words used in the bill to communicate the values,
judgments, and purposes of the proposal
(d) A record of events, transactions, or observations kept daily or at frequent intervals journal.
Especially a daily record of personal activities, reflections, or feelings. a book intended or used
for a diary.
(e) The South African Law Reports is the premier repository of South African judicial jurisprudence
and the most widely referred to source of primary legal precedent in South Africa. Published
since 1947, the South African Law Reports has an extensive network of reporters.

Question 2

Scientific research is important for several reasons:

1
Introduction to Research methodology “What is document-based research (Swanepoel M ,Mabeka N 2019-2022)
9-10
 1. Objective and reliable information: Scientific research follows a systematic and rigorous
methodology that allows for the collection, analysis, and interpretation of data in an unbiased
manner. This ensures that the results obtained are reliable and can be trusted. Non-scientific
research, on the other hand, may lack this methodological rigor and may be subject to biases or
personal opinions, making the information less trustworthy.

2. Advancing knowledge: Scientific research pushes the boundaries of human knowledge by

uncovering new insights, theories, and discoveries. Through the scientific process of hypothesis
testing, experimentation, and peer review, researchers contribute to expanding our
understanding of the natural world, human behavior, and various other domains. Non-scientific
research, while still valuable in certain contexts, often lacks the same rigor and may not
contribute to the growth of knowledge in the same way.

3. Problem solving: Scientific research plays a crucial role in solving real-world problems and
addressing societal challenges. From finding new treatments for diseases to developing
sustainable technologies, scientific research provides evidence-based solutions. Non-scientific
research may have practical applications in some cases, but it often relies more on individual
perspectives or subjective approaches.

4. Replicability and verification: In scientific research, experiments and studies can be replicated
and verified by other researchers, which ensures the reliability and validity of the findings. This
replicability allows for further validation and builds confidence in the conclusions drawn. Non-
scientific research may not adhere to the same standards of replicability and verification, making
it harder to assess its accuracy.

5. Peer review and collaboration: Scientific research undergoes rigorous peer review processes,
wherein experts in the field critically evaluate the methods and findings of a study before it is
published. This process helps identify any flaws, biases, or errors and ensures that scientific
research maintains high standards. Non-scientific research may not be subject to the same level
of scrutiny and collaboration within the scientific community.

In summary, scientific research is important because it provides objective and reliable information,
advances knowledge, solves problems, allows for replicability and verification, and benefits from peer
review and collaboration. These aspects contribute to the credibility and impact of scientific research,
setting it apart from non-scientific research.
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AK journal https://akjournals.com/page/types-of-scientific-research/ date of use 4 October 2023
Question 3

Transformative constitutionalism is founded or has its basis in the constitution . By its design and
nature ,the constitution is transformative in various ways. Specifically chief P language state that the
constitution is different from constitution of others countries that it represents a decisive break from ,
and a ringing rejection of, that part of the apartheid past which is disgraceful racist , authoritarian ,
insular and repressive and a vigorous identification or commitment to a democratic , universalistic ,
caring and aspirationallly egalitarian ethos , expressly articulated in the constitution.

Transformative constitutionalism is a concept that emphasizes the ability of a constitution to bring about
social and political transformation by addressing historical injustices and promoting equality and
inclusive democracy. The basic principles of transformative constitutionalism include:

1. Recognition of historical and structural injustices: Transformative constitutionalism acknowledges the

historical and structural injustices that have shaped a society, such as discrimination, inequality, and
exclusion, particularly against marginalized groups.

2. Human dignity and equality: Transformative constitutionalism places a strong emphasis on the
inherent dignity and equality of all individuals. It seeks to provide equal opportunities and protect the
rights and interests of all members of society, particularly those who have historically been marginalized.

3. Social and economic transformation: This principle recognizes that constitutionalism is not just about
protecting civil and political rights but also about addressing social and economic inequalities. It aims to
promote the transformation of society to ensure greater social justice, welfare, and equal distribution of
resources.

4. Participatory democracy: Transformative constitutionalism emphasizes the importance of

participatory democracy, where citizens actively engage in the democratic process and have a say in
decision-making processes. It supports the involvement of marginalized groups and empowers them to
participate in political, social, and economic spheres.

5. Constitutional interpretation and judicial activism: This principle encourages courts to play an active
role in interpreting the constitution to promote transformative goals. It allows for judicial activism in
cases where constitutional rights are violated or where there is a need for social and political
transformation.

6. Constitutionalism as an ongoing process: Transformative constitutionalism recognizes that

transformation is an ongoing process rather than a one-time event. It acknowledges that the constitution
should adapt and evolve to respond to changing societal needs and challenges. This principle encourages
continuous engagement and dialogue among all stakeholders to ensure the effective implementation
and realization of transformative goals.

Overall, transformative constitutionalism seeks to use the constitution as a tool

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African human right law http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1996-20962017000200002/
date of use 4 October 2023
Question 4

Informed consent is a basic ethical philosophy of scientific research on human participants . Generally
the research involves that human participants must always be conducted with necessary informed
consent . If the research involves minors that is person under the age of 21 years , prior consent from
parents or legal guardian must be obtained

No harm to participants one the common ethical challenges is to have the ability to weigh the potential
benefits from doing research against possibility of harm to the people being studied participants
however the cardinal rule is that participants must be protected from any conceivable discomfort or
emotional distress emanating from the research project . Thus it is your duty as a researcher to inform
the participants of the general purpose of the study . Furthermore you must indicate to the participants
their role in your research project

Anonymity address many potential ethical difficulties. Firstly it relates to the duty to ensure that it is
impossible to identify the participants from their responses secondly, anonymity can be associated with
privacy and confidentiality. On the one hand it is many be necessary to allow participants the right to
decide how , where and to what extent their attitudes, Beliefs and behaviors will be revealed. On the
other hand, information many names or codes attached to it but the researchers will have to keep the
names or codes secret from the public

Voluntary participants it is your duty as a researchers to ensure that the participants participate in your
research voluntary . Factors such as coercing , undue influence or deceiving the participants indicate the
absence of or negate voluntarily participation . This means that participants generally have the right to
agree or refuse to participate in your research. Accordingly you must always respect this right.
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IRM 1501 “ethical principles”( M Swanepoel, N Mabeka 2019 -2022) 43-44
Question 5

1. Facts of the case:

The case of S v Makwanyane and Another involved South African capital punishment laws. The
appellants, Makwanyane and Mchunu, were convicted of murder and sentenced to death under the
mandatory death penalty provisions of the South African Criminal Procedure Act. They challenged the
constitutionality of the death penalty on the basis that it violated the right to life and other human
rights.

2. Legal question:

The central legal question in this case was whether the death penalty violated the rights guaranteed
under the South African Constitution, particularly the right to life, dignity, and freedom from cruel,
inhuman, and degrading punishment.

3. Decision of the court:

In a landmark decision, the Constitutional Court of South Africa declared the death penalty
unconstitutional. The court held that the death penalty violated various provisions of the Constitution,
including the right to life, dignity, equality, and freedom from cruel, inhuman, and degrading
punishment. The court ruled that the death penalty was disproportionate, arbitrary, and incapable of
being applied consistently, thereby contravening the principles of dignity and Ubuntu.

4. Significance in relation to Ubuntu:

The case of S v Makwanyane and Another is significant in relation to the notion of Ubuntu, which is a
central concept in South African jurisprudence. Ubuntu emphasizes the interconnectedness and
interdependence of individuals within a community. In this case, the court recognized that the
imposition of the death penalty violated the principles of Ubuntu as it inflicted cruel and degrading
punishment, undermining human dignity and social harmony. The court's decision reflected the
importance placed on human rights, dignity, and the value of life in the context of Ubuntu.

Overall, the case of S v Makwanyane and Another played a crucial role in shaping the constitutional
jurisprudence of South Africa. It affirmed the country's commitment to human rights, rejected the use of
the death penalty, and upheld the principles of dignity and Ubuntu within the legal system.