EXAMINATION PAPER:

Semester 2 2023
Module name Introduction to SA Law
Module Code ITL152
NQF level 5
Date and Time 16 November 2023 – 14:00-16:00
Duration 2 hours
Exam type Closed book
Marks 50

General instructions
1. Complete your personal information on the front cover of the STADIO Examination
Answer Booklet.
2. Ensure you number the answer booklets correctly, in the case where more than one
answer booklet is used, i.e., Book 1 of 2, etc.
3. Use only black or blue pen. Do not use a pencil to answer questions. Pencilled answers
will not be marked.
4. Answer all the questions unless otherwise instructed.
5. Read all questions carefully before attempting to answer.
6. Always number the answers and any sub-question answers the same as the question
numbers in the examination paper.
7. Rough work may be done at the back of the examination book only. All rough work
must be labelled as such.
8. By accepting this examination script, you agree to abide by the STADIO Examination
Rules and Regulations.

ITL152
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 Equipment (Closed book)
1. No documents, notes, files, study guides, textbooks, or other materials will be allowed
into the examination.
2. Calculators are/are not permitted.
3. No mobile devices or electronic equipment including smart watches, laptops, iPads,
Kindles, etc. will be allowed on your person or at your desk during the examination.
4. No borrowing or lending of any examination material and/or stationery will be
permitted.
5. ALL THE BEST WITH YOUR EXAM! �

DO NOT TURN THIS PAGE UNTIL INSTRUCTED TO DO SO.

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Question 1 (10 marks)

Multiple-choice questions

Each of the following sub-questions contains one statement but with multiple possible answers.
Only one of the answers is correct. Read each statement very carefully and then decide which
one of the options is the correct one. In your examination script (answer book), write down only
the sub-question number and next to it the letter that represents the answer you have selected.
Example: If you believe that for sub-question 1. option C is correct, write down: 10 C.

1. What is an advocate who is currently in training called?

A. Pupil
B. Candidate
C. Junior registrar
D. Junior counsel

2. In which sections of the Constitution can the Bill of Rights be found?

A. Section 7 to Section 22
B. Section 7 to Section 39
C. Section 9 to Section 35
D. Section 8 to Section 36

3. The case of S v Makwanyane dealt with which aspect?

A. Right to life
B. Right to freedom of speech
C. Right to education
D. Right to access courts

4. Canadian legislation used in South Africa for comparison is an example of what?

A. Common law
B. International law
C. Foreign law
D. Domestic law

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5. What can the uncodified legal system can be described as?
A. An undocumented legal system that consists of a complete code.
B. A legal system in which sources are unwritten and can be found in various places.
C. A methodically recorded legal system consisting of a complete code.
D. A legal system in which sources have never been methodically recorded.

6. In which case did the courts consider the triad of aspects when determining an appropriate
sentence for a crime?
A. S v Rabie
B. S v Amod
C. S v Mackenzie
D. S v Zinn

7. How long does a pupilage last?

A. Six months
B. One year
C. Two years
D. Nine months

8. Which of the following options is not a primary source of law?

A. The Constitution
B. Provincial legislation
C. Academic law journals
D. Judicial precedent

9. Which institute targets serious legal issues that need to be amended or require thorough
research?
A. South African Human Rights Commission
B. South African Law Reform Commission
C. Public Service Commission
D. Commission for Gender Equality

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10. Which is a category of commercial law?
A. Banking law
B. Law of evidence
C. Law of succession
D. Property law

Question 2 (10 marks)

True/false questions

Consider the following list of statements. Each statement is either true or false. You must read
each statement carefully and then select the option that you believe is correct as your answer.
In your answer book, write down only the question number and either “True” or “False” next to
the number. You must substantiate your answer if it is false.
Example: If you believe sub-question 2.11 is false, write down: 2.11 False, because…

2.1 There are three generations of rights.

2.2 Arbitration is the first step in alternative dispute resolution.
2.3 The highest court in South Africa is the Supreme Court of Appeal.
2.4 The primary source of criminal law is the Constitution.
2.5 The Magistrate’s Court consists of District Courts.
2.6 A commissioner of oaths may solemnize marriages legally.
2.7 One of the parties to a civil case can be cited as the “accused”.
2.8 Indigenous law is a form of unwritten customary law.
2.9 A private company’s name will be abbreviated ‘Ltd’.
2.10 A partnership is a contractual relationship between 2 to 10 members.

Question 3 (5 marks)

The Constitution forms the basis of constitutional law. Identify five (5) characteristics of the
South African Constitution.

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Question 4 (5 marks)

Discuss the term “legal subject” and refer to the field of law where it is used most often.

Question 5 (6 marks)

X has heard that some rights may be limited. With reference to legislation, discuss the
limitations of rights, the factors considered and provide an example.

Question 6 (4 marks)

Discuss the term “jurisdiction” and refer to the factors that are relevant in determining
jurisdiction.

Question 7 (5 marks)

There are different generations of rights. Discuss your understanding of “second-generation

rights” and provide examples of those rights.

Question 8 (5 marks)

J concludes a contract with K to buy rhinoceros horns. Identify the requirements for a contract
and decide whether the concluded contract is a legally binding contract.

Examination Total: 50 marks

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