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MODULE NAME: MODULE CODE:

INTRODUCTION AND FOUNDATIONS TO LAW INFL5111

ASSESSMENT TYPE: ASSIGNMENT (PAPER ONLY)

TOTAL MARK ALLOCATION: 100 MARKS

TOTAL HOURS: 10 HOURS

By submitting this assignment, you acknowledge that you have read and understood all the rules
as per the terms in the registration contract, in particular the assignment and assessment rules in
The IIE Assessment Strategy and Policy (IIE009), the intellectual integrity and plagiarism rules in the
Intellectual Integrity Policy (IIE023), as well as any rules and regulations published in the student
portal.

INSTRUCTIONS:

1. No material may be copied from original sources, even if referenced correctly, unless it is a
direct quote indicated with quotation marks. No more than 10% of the assignment may
consist of direct quotes.
2. Save a copy of your assignment before submitting it.
3. Assignments must be typed unless otherwise specified.
4. All work must be adequately and correctly referenced.
5. Begin each section on a new page.
6. This is an individual assignment.
7. For group assignments, the group may not exceed four members.
8. For group assignments, a peer evaluation component is required, and members of the group
may not receive the same final mark.

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Referencing Rubric – The IIE Legal Referencing Guidelines

Providing evidence based on valid and referenced academic sources Markers are required to provide feedback to students by indicating
is a fundamental educational principle and the cornerstone of high‐ (circling/underlining) the information that best describes the
quality academic work. Hence, The IIE considers it essential to student’s work.
develop the referencing skills of our students in our commitment to
achieve high academic standards. Part of achieving these high Minor technical referencing errors: 5% deduction from the
standards is referencing in a way that is consistent, technically overall percentage – the student’s work contains five or more
correct and congruent. This is not plagiarism, which is handled errors listed in the minor errors column in the table below.
differently.
Major technical referencing errors: 10% deduction from the
Poor quality formatting in your referencing will result in a penalty of overall percentage – the student’s work contains five or more
a maximum of ten percent being deducted from the percentage errors listed in the major errors column in the table below.
awarded, according to the following guidelines. Please note,
however, that evidence of plagiarism in the form of copied or If both minor and major errors are indicated, then 10% only (and
uncited work (not referenced), absent reference lists, or not 5% or 15%) is deducted from the overall percentage. The
exceptionally poor referencing, may result in action being taken in examples provided below are not exhaustive but are provided to
accordance with The IIE’s Intellectual Integrity Policy (0023). illustrate the error.
Required: Minor errors in technical correctness of Major errors in technical correctness of referencing
Technically correct referencing referencing style style
style Deduct 5% from percentage awarded Deduct 10% from percentage awarded
Consistency Minor inconsistencies. Major inconsistencies.
 The referencing style is generally  Poor and inconsistent referencing style used in
 The same referencing format consistent, but there are one or two footnotes and/or in the bibliography/ reference
has been used for all footnote changes in the format of footnote list.
references and in the referencing and/or in the bibliography.  Multiple formats for the same type of referencing
bibliography/reference list.  For example, page numbers for direct have been used.
quotes (footnote) have been provided  For example, the format for direct quotes
for one source, but not in another (footnotes) and/or book chapters (bibliography/
instance. Two book chapters reference list) is different across multiple
(bibliography) have been referenced in instances.
the bibliography in two different
formats.
Technical correctness Generally, technically correct with some Technically incorrect.
minor errors.  The referencing format is incorrect.
 Referencing format is  The correct referencing format has been  Concepts and ideas are typically referenced, but a
technically correct throughout consistently used, but there are one or reference is missing from small sections of the
the submission. two errors. work.
• The correct referencing format  Concepts and ideas are typically  Position of the references: references are only
for the module’s discipline has referenced, but a reference is missing given at the beginning or end of large sections of
been used, i.e., either APA, OR from one small section of the work. work.
Harvard OR Law  Position of the references: references  For example, incorrect author information is
 Position of the reference: a are only given at the beginning or end of provided, no year of publication is provided,
reference is directly associated every paragraph. quotation marks and/or page numbers for direct
with every concept or idea.  For example, the student has incorrectly quotes missing, page numbers are provided for
presented direct quotes (footnotes) paraphrased material, the incorrect punctuation is
 For example, quotation marks, and/or book chapters used (footnotes); the bibliography/reference list is
page numbers, years, etc. are (bibliography/reference list). not in alphabetical order, the incorrect format for
applied correctly in the a book chapter/journal article is used, information
footnotes, sources in the is missing e.g. no place of publication had been
bibliography/reference list are provided (bibliography); repeated sources on the
correctly presented. reference list.

Congruence between footnotes Generally, congruence between the A lack of congruence between the footnote
and bibliography/ reference list footnotes referencing and the referencing and the bibliography.
bibliography/ reference list with one or  No relationship/several incongruencies between
 All sources are accurately two errors. the footnote referencing and the
reflected and are all accurately  There is largely a match between the bibliography/reference list.
included in the bibliography/ sources presented in‐text and the  For example, sources are included in‐text, but not
reference list. bibliography. in the bibliography and vice versa, a link, rather
 For example, a source appears in the than the actual reference is provided in the
footnotes, but not in the bibliography/ bibliography.
reference list or vice versa.
In summary: the recording of In summary, at least 80% of the sources In summary, at least 60% of the sources are
references is accurate and are correctly reflected and included in a incorrectly reflected and/or not included in
complete. reference list. reference list.

Overall Feedback about the consistency, technical correctness and congruence between footnote referencing and bibliography:

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Assignment Outcomes
Themes addressed in this assessment:

1. The law
2. Origins of the South African legal system
3. The influence of Roman‐Dutch Law
4. Historical periods in South African law
5. South African Common law and Customary law
6. Sources of South African law
7. Hierarchy and structure of South African courts
8. South African Common law
9. South African Customary law

At the end of this assessment, students should be able to demonstrate knowledge and
understanding of the following:

1. 'The Law' and at its relationship to justice, morality and religion.

2. the various systems and sources of law ‐ Roman‐Dutch, English, canon and indigenous.
3. Discussing the different sources of South African law.
4. Exploring legal research skills required to locate case law and law reports.

Assignment Instructions

Prescribed text reading: L Meintjies‐Van der Walt L (ed), Barratt A, Van Coller A, Govindjee A, De
Freitas S, Iya PF, Kruuse H, Pillay K, Du Preez M, Singh PP, Tshingana L, Introduction to South African
Law Fresh Perspectives 3rd edition (2019) Pearson (hereinafter Barratt et al).

You may be required to do additional research in order to successfully complete this assignment.

NB – Your lecturer will not mark beyond the maximum word count for the question. For example,
if you exceed the 1000‐word limit by submitting a 1200‐word essay, you could lose all marks
allocated to any sections/arguments that fall into the 200 words not marked. It is essential to cite all
your sources and paraphrase in accordance with the IIE’s LAW STYLE GUIDELINES AND LEGAL
REFERENCING Guide 2022.

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Question 1 (Marks: 20)

“Throughout the Constitution the values of democracy, human dignity, equality and freedom are
repeatedly asserted. Section 7(1): This Bill of Rights is a cornerstone of democracy in South Africa. It
enshrines the rights of all people in our country and affirms the democratic values of human dignity,
equality and freedom.” (Barratt et al, 2019, 458)

The above extract is reflected in the discussion of natural law and positive law in the prescribed text
by Barratt et al. In an essay, distinguish between natural law and positive law and discuss their role
in the South African legal system. Your essay should include a discussion of the Constitutional Court
judgment in Carmichele v Minister of Safety and Security 2001 (4) SALR 938 (CC).

The essay must be constructed in three parts: a strong introduction followed by your central
argument or discussion and ending with a conclusion. The introduction and conclusion should link
to each other. One idea per sentence; a single theme per paragraph built off a topic sentence. The
format of the essay makes it easy to read. The use of headings and short concise sentences where
possible. The essay should be no less than 500 words and no more than 1000 words in length.

See the marking rubric attached to this as Annexure A. Remember to hand in the rubric together
with your assignment. It is essential to cite all your sources and paraphrase in accordance with the
IIE’s LAW STYLE GUIDELINES AND LEGAL REFERENCING Guide 2022.

Question 2 (Marks: 30)

Answer the following questions:

Q.2.1 Attorneys are often faced with the choice of whether to proceed in court by (5)
way of application proceedings, or alternatively by action or trial proceedings.
Explain the difference between the application and action procedures.

Q.2.2 There are court cases in South Africa that are referred to as ‘reported’. (2)
Explain what a reported case is.

Q.2.3 It is accepted that there is a hierarchy of courts in South Africa. Identify the (1)
‘highest’ court in the South African legal system.

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Q.2.4 Various courts have been re‐named. Provide the name by which the (1)
Supreme Court of Appeal was previously known as.

Q.2.5 The Magistrates’ courts are classified as the lower courts in the South African (2)
hierarchy of courts. Name the two types of Magistrates’ courts that exist in
South Africa.

Q.2.6 Presiding officers often provide context to legal issues when deciding a (2)
matter. Explain what an obiter dictum is.

Q.2.7 There are different meanings that may be attributed to the term ‘common (3)
law’. Distinguish between the different meanings of the term ‘common law’
in the context of the South African legal system.

Q.2.8 Explain what is meant by the term Customary law in the South African legal (5)
system.

Q.2.9 Distinguish between Living Customary and Official Customary law. (5)

Q.2.10 Read Bhe v Magistrate Khayelitsha 2005 (1) SA 580 (CC); [2005] 1 BCLR 1 (CC) (4)
2.10.1 Determine if the matter involved is an application or action 1
procedure.
2.10.2 Identify the court that heard and reported this matter. 1
2.10.3 Very briefly set out the finding of the court. 2

Question 3 (Marks: 20)

“The 17th and 18th‐century Dutch institutional writers are the most important sources of
Roman‐Dutch law. The institutional writers were responsible for combing the Western
European ius commune with Dutch customary law. These authors made use of the wisdom of
Roman law principles and the Western European ius commune.” (Barratt et al, 2019, 34)

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Discuss the concept of ‘Roman‐Dutch Law’ with reference to the institutional Dutch authors
and their contribution towards the modern South African legal system.

Your essay should be no less than 500 words and no more than 1000 words in length. Also
see the marking rubric attached to this as Annexure B. Remember to hand in the rubric
together with your assignment. It is essential to cite all your sources and paraphrase in
accordance with the IIE’s LAW STYLE GUIDELINES AND LEGAL REFERENCING Guide 2022.

Question 4 (Marks: 30)

“The modern South African common law is a mixed legal system. It is based on Roman‐Dutch common
law, but it includes rules and principles from both Roman‐Dutch and English law. The mixing of
Roman‐Dutch and English rules and principles did not always happen quietly and peacefully. For much
of the 20th Century there was a bellum juridicum (war about the rules) between Judges and lawyers.”
(Barratt et al, 2019, 41)

Discuss in overview the historical development of the South African legal system. In your essay you
may address all or some of the following points:

 The legal system applying in southern Africa before 1652;

 The laws applying in the Cape from 1652, including the role of Roman‐Dutch law at the Cape;
 The influence of British colonial rule generally and of English law specifically on the
development of the South African legal system;
 The development of the South African legal system after Union in 1910; and
 The impact of the new Constitutional order from 1994 on the future development of the
South African legal system.

The essay should be no less than 600 words and no more than 1200 words in length. Also see the
marking rubric attached to this as Annexure C. Remember to hand in the rubric together with your
assignment. It is essential to cite all your sources and paraphrase in accordance with the IIE’s LAW
STYLE GUIDELINES AND LEGAL REFERENCING Guide 2022.

[TOTAL MARKS: 100]

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Marking Rubric Question 1:

MODULE NAME: MODULE CODE:

INTRODUCTION AND FOUNDATIONS OF LAW INFL5111

STUDENT NAME: STUDENT NUMBER:

Marking Criteria Does not meet the required Meets the required Partially exceeds the Greatly exceeds the required
standard standard required standard standard
(0% ‐ 49%) (50% ‐ 64%) (65% ‐ 74%) (75% ‐ 100%)

In order to be awarded full Requires additional content or Proficient ‐ requires some Good work ‐ requires little Advanced work ‐ requires very little
marks for these elements of the skills to be competent – revision. revision. revision.
proposal, students need to have proposal requires substantial
demonstrated the following: revisions.

Essay Introduction and 0–1 2 ‐3 4 5

Conclusion
 There is little to no  The essay attempts to  The essay attempts to  The concise and engaging
attempt to include a include an introduction include an introduction introduction features highly
 Was a formal essay
relevant introduction and and conclusion to and conclusion to relevant background information
structure employed?
conclusion in the essay, contextualise the topic contextualise the topic to contextualise the topic,
 Is the text formatted?
 alternatively, the and provide an and provides a good providing an excellent indication
 Are the introduction, body
introduction and indication of the indication of the of the discussion to follow which
and conclusion clearly
conclusion are incoherent discussion to follow – discussion to follow, the essay in a manner that
discernible?
or incohesive and add but there are still but there are still promotes readability.
little to no value to the major gaps in minor gaps in  Conclusion summarises essay
essay. coherence, content coherence, content well.
and/or logic are and/or logic are
evident. evident.
 Conclusion does not  Conclusion summarises
adequately summarise essay
essay
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Knowledge: Description 0‐4.9 50‐6.4 6.5 ‐ 7.4 7.5 ‐ 10

theoretical components of
 concepts are not  concepts are not in all  There is some focus on  Key points of the theory are
essay:
explained; instances correctly the most important identified and explained;
 Concepts are presented explained; concepts;  Able to paraphrase all concepts;
 Have at least two new
incorrectly;  Not all theoretical  There is logic in the  There is an attempt to integrate
sources beyond the content
 The incorrect concepts concepts are directly organisation of the concepts.
of the textbook been
have been selected. relevant; concepts.  Integrated additional sources into
identified?
 Failed to integrate  There is an over‐  Student integrated the essay. Journal articles,
 Are these sources relevant
academic sources into the reliance on direct sources into the essay. academic textbooks, original
to legal history and the
essay – such as journal quotes. Journal articles, reported case law – including the
focus areas of this essay?
articles, academic  Integrated some academic textbooks, Carmichael‐case and other
 Have the resources been
textbooks, original additional sources into original reported case sources appropriate to the
integrated into the essay?
reported case law and the essay. law and other sources subject of legal history.
 With reference to case law,
other sources appropriate  Correctly included a appropriate to the  Content: Correctly identified all
has the student indicated
to the subject of legal few journal articles, subject of legal history or most of the issues flowing
why the case is relevant?
history. academic textbooks, have been consulted. from the given question. Referred
 Have the relevant issues
Content: original reported case Content: to the correct academic sources.
flowing from the question
 Incorrectly identified all law such as the  Correctly identified Properly defined and explained
been identified?
or most of the issues Carmichael case and most of the issues concepts relevant to the subject
 Have concepts been
flowing from the given other sources flowing from the given matter.
defined, explained, and
question. Referred to appropriate to the question.  Demonstrated a clear
applied?
incorrect academic subject of legal history  Referred to the correct understanding of legal positivism
 Does the content
sources, including case and the question academic sources, and natural law and the ability to
demonstrate an
law. Improperly defined posed. including the draw logical conclusions.
understanding of legal
and explained concepts Content: Carmichael case. Succeeded in finding a balance
positivism and natural law?
relevant to the subject  Correctly identified  Properly defined and between addressing the various
 Is there a balance in the matter. Demonstrated a some of the issues explained most issues in‐depth and in detail (on
discussion of the issues lack of understanding of flowing from the given concepts relevant to the one hand) and covering a
raised by the topic? legal positivism and question. the approaches of sufficient number of issues (on
 Does the essay reflect
 Referred to some of the other). Provided correct and
additional reading and relevant conclusions, showing
the correct academic
sources.
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research having been natural law and failed to  Properly defined and natural law and deeper insight into the question
conducted? draw logical conclusions. explained a few of the positivism. topic.
 Did not succeed in finding concepts relevant to  Demonstrated a  Student conducted substantial
a balance between the subject matter. reasonable additional and independent
addressing the various  Demonstrated a understanding of legal research reflecting peer reviewed
issues in‐depth and in degree of positivism and natural and legitimate academic sources.
detail (on the one hand) understanding of legal law and the ability to
and covering a sufficient positivism and natural draw logical
number of issues (on the law and showed a conclusions. Succeeded
other). Provided incorrect limited ability to draw in finding a balance
and irrelevant conclusions. logical conclusions. between addressing
 Failed to conduct any  Achieved some success the various issues in‐
additional and in finding a balance depth and in detail (on
independent research. between addressing the one hand) and
the various issues in‐ covering a sufficient
depth and in detail (on number of issues (on
the one hand) and the other). Provided
covering a sufficient correct and relevant
number of issues (on conclusions.
the other).  Conducted relevant
 Provided a limited additional and
number of correct and independent research,
relevant conclusions. reflecting peer
 Conducted minimal reviewed and
additional and legitimate academic
independent research. sources.

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Skill: 0–1 2 ‐3 4 5
presentation of the argument
 No position is stated;  A position is stated,  The position is clearly  The position is an original
 Evidence is but it is a re‐statement stated from the outset formulation;
 Does the essay indicate a
unrelated/contradictory; of the topic, is not and functions as a  The entire essay is an integrated
position?
 Anecdotal evidence is embedded in the conclusion to the position statement, i.e., points
 What evidence has been
used. essay; essay; are consistently logically linked to
offered to support the
Student has not identified  Some evidence is  However, the position form an opinion;
position?
the issues flowing from unrelated to the is not consistently  Evidence selection is thoughtful;
 Have the arguments been
the given question. position; referred to in the  The evidence is logically linked;
coherently linked together?
 The student has not  Could not articulate essay;  Some attempt made to dismiss
coherently linked the relationship  Evidence is other positions.
Spelling and Grammar:
arguments together. between the evidence consistently relevant;  Student has consistently
 Has the correct grammar,
and the position.  Did not consistently identified issues flowing from the
punctuation, and spelling
Spelling and grammar:  Student has relate the evidence to given question. Student has been
been employed
 Poor spelling and inconsistently the position. consistently coherent in the
throughout?
grammar identified issues  Student has linking of their argument.
 Was formal
 Academic register not flowing from the given consistently identified Student has been able to
language/academic register
applied question. Student has most issues flowing structure their arguments clear
maintained throughout?
been somewhat from the given and concisely.
coherent in the linking question. Student has
of their argument. been mostly coherent Spelling and grammar:
in the linking of their  Excellent spelling and grammar
Spelling and grammar: argument.  Application of academic register
 spelling and grammar is of a high standard
are fair and require Spelling and grammar:
improvement  spelling and grammar
 Academic register not are good and require
consistently applied little improvement
 Academic register
applied

TOTAL /20

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Marking Rubric Question 3

MODULE NAME: MODULE CODE:

INTRODUCTION AND FOUNDATIONS OF LAW INFL5111

STUDENT NAME: STUDENT NUMBER:

Marking Criteria Does not meet the required Meets the required Partially exceeds the required Greatly exceeds the required
standard standard standard standard
(0% ‐ 49%) (50% ‐ 64%) (65% ‐ 74%) (75% ‐ 100%)

In order to be awarded full Requires additional content or Proficient ‐ requires some Good work ‐ requires little Advanced work ‐ requires very
marks for these elements of the skills to be competent – revision. revision. little revision.
proposal, students need to have proposal requires substantial
demonstrated the following: revisions.

Essay Introduction and 0–1 2 ‐3 4 5

Conclusion
 There is little to no  The essay attempts to  The essay attempts to  The concise and engaging
attempt to include a include an introduction include an introduction introduction features highly
 Was a formal essay
relevant introduction and and conclusion to and conclusion to relevant background
structure employed?
conclusion in the essay, contextualise the topic contextualise the topic and information to contextualise
 Is the text formatted?
 alternatively, the and provide an provides a good indication the topic, providing an
 Are the introduction, body
introduction and indication of the of the discussion to follow, excellent indication of the
and conclusion clearly
conclusion are incoherent discussion to follow – but there are still minor discussion to follow which the
discernible?
or incohesive and add but there are still gaps in coherence, content essay in a manner that
little to no value to the major gaps in and/or logic are evident. promotes readability.
essay. coherence, content  Conclusion summarises  Conclusion summarises essay
and/or logic are essay well.
evident.
 Conclusion does not
adequately summarise
essay
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Knowledge: Description 0‐4.9 5‐6.4 6.5 ‐ 7.4 7.5 ‐ 10

theoretical components of
 Theoretical concepts  Theoretical concepts  There is some focus on the  Key points of the theory are
essay:
relevant to the are not in all instances most important concepts. identified and explained;
institutional authors of correctly explained;  There is logic in the  Able to paraphrase all
 Have at least two new
Roman‐Dutch law are not  Not all theoretical organisation of the concepts;
sources (such as journal
explained; concepts are directly concepts.  There is an attempt to
articles, academic
 Concepts are presented relevant to the role of  Student integrated integrate concepts.
textbooks, original reported
incorrectly; the 17th century sources into the essay.  Integrated additional sources
case law) beyond the
 The incorrect concepts institutional authors of Relevant sources and into the essay. Journal
content of the textbook
have been selected. Roman‐Dutch law; other sources appropriate articles, academic textbooks,
been identified?
 Failed to integrate  There is an over‐ to the subject of legal original reported case law
 Are these sources relevant
academic sources into the reliance on direct history and the role of the appropriate to the subject of
to legal history and the
essay and other sources quotes. institutional authors of legal history.
focus areas of this essay?
appropriate to the subject  Integrated some Roman‐Dutch law have
 Have the resources been
of legal history. additional sources into been consulted. Content:
integrated into the essay?
the essay.  Correctly identified all or
 With reference to case law,
Content:  Correctly included a Content: most of the issues flowing
has the student indicated
 Incorrectly identified all limited number of  Correctly identified most from the given question.
why the case is relevant?
or most of the issues sources and other of the issues flowing from  Referred to the correct
 Have the relevant issues
flowing from the given sources appropriate to the given question. academic sources.
flowing from the question
question. the subject of legal Referred to the correct  Properly defined and
been identified?
 Referred to incorrect history and the role of academic sources. explained concepts relevant
 Have concepts relevant to
academic sources, the institutional  Properly defined and to the subject matter.
the institutional authors of
including case law. authors of Roman‐ explained concepts  Demonstrated understanding
Roman‐Dutch law been
 Improperly defined and Dutch law. relevant to the relevant to of the role of the institutional
defined, explained, and
explained concepts Content: the institutional authors of authors of Roman‐Dutch law
applied?
relevant to the subject  Correctly identified Roman‐Dutch law. and the ability to draw logical
 Does the content
matter. Demonstrated a some of the issues  Demonstrated a conclusions.
demonstrate understanding
lack of understanding of flowing from the given reasonable understanding  Succeeded in finding a
of the role of the
the role of the question. of legal positivism and balance between addressing
institutional authors of
institutional authors of natural law and the ability the various issues in‐depth
Roman‐Dutch law;
Roman‐Dutch law and/or
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contextualised and failed to draw logical  Referred to some of to draw logical and in detail (on the one
discussed author(s) Hugo De conclusions. the correct academic conclusions. hand) and covering a
Groot, Simon Van Leeuwen,  Did not succeed in finding sources.  Succeeded in finding a sufficient number of issues
and Johannes Voet and the a balance between  Properly defined and balance between (on the other).
ability to draw logical addressing the various explained a few of the addressing the various  Provided correct and relevant
conclusions? issues in‐depth and in concepts relevant to issues in‐depth and in conclusions, showing deeper
 Is there a balance in the detail (on the one hand) the subject matter. detail (on the one hand) insight into the role of the
discussion of the issues and covering a sufficient  Demonstrated a and covering a sufficient institutional authors of
raised by the topic? number of issues (on the degree of number of issues (on the Roman‐Dutch law in South
 Does the essay reflect other). understanding of the other). Provided correct African law.
additional reading and  Provided incorrect and role of the institutional and relevant conclusions.  Student conducted
research having been irrelevant conclusions. authors of Roman‐  Conducted relevant substantial additional and
conducted?  Failed to conduct any Dutch law and showed additional and independent research
additional and a limited ability to independent research, reflecting peer reviewed and
independent research. draw logical reflecting peer reviewed legitimate academic sources.
 Student has not made an conclusions. and legitimate academic  Student has contextualised
attempt to contextualise  Achieved some success sources. and discussed author(s) Hugo
and discuss author(s) in finding a balance  Student has mostly De Groot, Simon Van
Hugo De Groot, Simon Van between addressing contextualized and Leeuwen, and Johannes Voet.
Leeuwen, and Johannes the various issues in‐ discussed author(s) Hugo Student has provided a
Voet. depth and in detail (on De Groot, Simon Van substantial discussion
the one hand) and Leeuwen, and Johannes regarding one or all of the
covering a sufficient Voet and their authors and their
number of issues (on contributions. contributions.
the other). Provided a
limited number of
correct and relevant
conclusions.
 Conducted minimal
additional and
independent research.

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 Student has made an

attempt to
contextualise and
discuss author(s) Hugo
De Groot, Simon Van
Leeuwen, and
Johannes Voet.

Skill: 0–1 2 ‐3 4 5
presentation of the argument
 No position is stated.  A position is stated,  The position is clearly  The position is an original
 Evidence is but it is a re‐statement stated from the outset formulation.
 Does the essay indicate a
unrelated/contradictory. of the topic, is not and functions as a  The entire essay is an
position?
 Anecdotal evidence is embedded in the conclusion to the essay. integrated position
 What evidence has been
used. essay;  However, the position is statement, i.e., points are
offered to support the
Student has not identified  Some evidence is not consistently referred consistently logically linked to
position?
the issues flowing from unrelated to the to in the essay. form an opinion.
 Have the arguments been
the given question. position.  Evidence is consistently  Evidence selection is
coherently linked together?
 The student has not  Could not articulate relevant. thoughtful.
coherently linked the relationship  Did not consistently relate  The evidence is logically
Spelling and Grammar:
arguments together. between the evidence the evidence to the linked.
 Has the correct grammar,
Spelling and grammar: and the position. position.  Some attempt made to
punctuation, and spelling
 Poor spelling and  Student has  Student has consistently dismiss other positions.
been employed
grammar inconsistently identified most issues  Student has consistently
throughout?
 Academic register not identified issues flowing from the given identified issues flowing from
 Was formal
applied flowing from the given question. Student has the given question. Student
language/academic register
question. Student has been mostly coherent in has been consistently
maintained throughout?
been somewhat the linking of their coherent in the linking of
coherent in the linking argument. their argument. Student has
of their argument. been able to structure their
Spelling and grammar: arguments clear and
Spelling and grammar: concisely.

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 spelling and grammar  spelling and grammar are Spelling and grammar:
are fair and require good and require little  Excellent spelling and
improvement improvement grammar
 Academic register not  Academic register applied  Application of academic
consistently applied register is of a high standard

TOTAL /20

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Marking Rubric Question 4

MODULE NAME: MODULE CODE:

INTRODUCTION AND FOUNDATIONS OF LAW INFL5111

STUDENT NAME: STUDENT NUMBER:

Marking Criteria Does not meet the required Meets the required standard Partially exceeds the required Greatly exceeds the required
standard (50% ‐ 64%) standard standard
(0% ‐ 49%) (65% ‐ 74%) (75% ‐ 100%)
In order to be awarded full Requires additional content or Proficient ‐ requires some Good work ‐ requires little Advanced work ‐ requires
marks for these elements of the skills to be competent – revision. revision. very little revision.
proposal, students need to have proposal requires substantial
demonstrated the following: revisions.
Essay Introduction and 0–1 2 ‐3 4 5
Conclusion
 There is little to no  The essay attempts to  The essay attempts to  The concise and
attempt to include a include an introduction and include an introduction engaging introduction
 Was a formal essay relevant introduction and conclusion to contextualise and conclusion to features highly relevant
structure employed? conclusion in the essay,
the topic and provide an contextualise the topic background information
 Is the text formatted?  alternatively, the
indication of the discussion and provides a good to contextualise the
 Are the introduction, body introduction and
conclusion are incoherent to follow – but there are still indication of the topic, providing an
and conclusion clearly major gaps in coherence, discussion to follow, but excellent indication of
or incohesive and add
discernible? little to no value to the content and/or logic are there are still minor gaps the discussion to follow
essay. evident. in coherence, content which the essay in a
 Conclusion does not and/or logic are evident. manner that promotes
adequately summarise  Conclusion summarises readability.
essay. essay.  Conclusion summarises
essay well.

0‐6 7‐9 10 11‐15

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Knowledge: Description  Theoretical concepts are  Theoretical concepts are not  There is some focus on the  Key points of the theory
theoretical components of not explained. in all instances correctly most important concepts. are identified and
essay:  Concepts are presented explained.  There is logic in the explained;
incorrectly.
 Not all theoretical concepts organisation of the  Able to paraphrase all
 The incorrect concepts
 Have at least two new are directly relevant. concepts. concepts.
have been selected.
sources (such as journal  Failed to integrate  There is an over‐reliance on  Student integrated  There is an attempt to
articles, academic textbooks academic sources into the direct quotes. academic sources into the integrate concepts.
and reported cases) beyond essay and other sources  Integrated some additional essay and other sources  Integrated additional
the content of the textbook appropriate to the subject sources into the essay. appropriate to the subject academic sources into
been identified? of legal history.  Correctly included a few of legal history have been the essay and other
 Are these sources relevant academic sources and other consulted. sources appropriate to
Content:
to legal history and the sources appropriate to the Content: the subject of legal
 Incorrectly identified all or
focus areas of this essay? most of the issues flowing subject of legal history and  Correctly identified the history.
 What is the quality of from the given question the various factors playing a most significant factors Content:
paraphrasing and the extent  Referred to incorrect role in the historical playing a role in the  Correctly identified all or
to which quotations have academic sources, development of the South historical development of most of the issues
been used? including case law. African legal system. the South African legal flowing from the given
 Improperly defined and
 Have the resources been system. question. Referred to the
explained concepts
integrated into the essay?
relevant to the subject Content:  Referred to the correct correct academic
 With reference to case law, matter.  Correctly identified some of academic sources. sources. Properly
has the student indicated  Demonstrated a lack of the issues flowing from the Properly defined and defined and explained
why the case is relevant? understanding of the given question. Referred to explained most of the concepts relevant to the
 Have the relevant issues factors playing a role in some of the correct factors playing a role in subject matter.
flowing from the question the historical
been identified? academic sources. the historical development  Demonstrated a clear
development of the South
 Have concepts been  Properly defined and of the South African legal understanding of the
African legal system and
defined, explained, and failed to draw logical explained a few of the system. factors playing a role in
applied? conclusions. concepts relevant to the  Demonstrated a the historical
 Does the content  Did not succeed in finding subject matter. reasonable understanding development of the
demonstrate an a balance between  Demonstrated a degree of of the factors playing a South African legal
understanding the factors addressing the various understanding of the factors role in the historical system and the ability to
playing a role in the issues in‐depth and in development of the South draw logical conclusions.
playing a role in the
historical development of detail (on the one hand)
historical development of African legal system and Succeeded in finding a
and covering a sufficient
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the South African legal number of issues (on the the South African legal the ability to draw logical balance between
system; the relevant other). system and showed a conclusions. Succeeded in addressing the various
timeline, the historical  Provided incorrect and limited ability to draw finding a balance between issues in‐depth and in
irrelevant conclusions.
events during this time logical conclusions. addressing the various detail (on the one hand)
 Failed to conduct any
during this period, the use  Achieved some success in issues in‐depth and in and covering a sufficient
additional and
of Roman Dutch law at the independent research. finding a balance between detail (on the one hand) number of issues (on the
Cape and the legacy of  Student has very sparsely addressing the various and covering a sufficient other). Provided correct
British and Dutch discussed relevant issues in‐depth and in detail number of issues (on the and relevant conclusions,
occupation and its timeline; the historical (on the one hand) and other). showing deeper insight
contribution to South events of this time period; covering a sufficient number  Provided correct and into the question topic.
the use of Roman Dutch
Africa’s current legal of issues (on the other). relevant conclusions.  Evidence of extensive
law at the Cape and a very
system?
limited discussion  Provided a limited number  Conducted relevant additional and
regarding the legacy of of correct and relevant additional and independent research
 Is there a balance in the British and Dutch conclusions. independent research, reflecting peer reviewed
discussion of the issues occupation.  Conducted minimal reflecting peer reviewed and legitimate academic
raised by the topic?
additional and independent and legitimate academic sources.
 Does the essay reflect
additional reading and research. sources.  Student has extensively
research having been  Student has somewhat  Student has discussed the discussed the relevant
conducted? discussed the relevant relevant timeline, the timeline, the historical
timeline and the historical historical events timeline, events during this time
events such as the legacy of the use of Roman Dutch during this period, the
British and Dutch law at the Cape and the use of Roman Dutch law
occupation during this legacy of British and Dutch at the Cape and the
timeline. occupation. legacy of British and
Dutch occupation. and
its contribution to South
Africa’s current legal
system.

Skill: 0–1 5 ‐6.4 6.5‐7.4 7.5‐10

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presentation of the argument  No position is stated.  A position is stated, but it is  The position is clearly  The position is an
 Evidence is a re‐statement of the topic, stated from the outset original formulation.
 Does the essay indicate a unrelated/contradictory. is not embedded in the and functions as a  The entire essay is an
position? essay. conclusion to the essay. integrated position
 Anecdotal evidence is
 What evidence has been  Some evidence is unrelated  However, the position is statement, i.e., points
offered to support the used. to the position. not consistently referred are consistently logically
position? Student has not identified  Could not articulate the to in the essay. linked to form an
 Have the arguments been the issues flowing from relationship between the  Evidence is consistently opinion.
coherently linked together? the given question. evidence and the position. relevant.  Evidence selection is
 The student has not  Student has inconsistently  Did not consistently relate thoughtful.
Spelling and Grammar: coherently linked identified issues flowing the evidence to the  The evidence is logically
 Has the correct grammar, from the given question. position. linked.
arguments together.
punctuation, and spelling Student has been somewhat  Student has consistently  Some attempt made to
been employed coherent in the linking of identified most issues dismiss other positions.
Spelling and grammar: their argument. flowing from the given  Student has consistently
throughout?  Poor spelling and question. Student has identified issues flowing
 Was formal grammar Spelling and grammar: been mostly coherent in from the given question.
language/academic register  Academic register not  spelling and grammar are the linking of their Student has been
maintained throughout? applied fair and require argument. consistently coherent in
improvement the linking of their
 Academic register not Spelling and grammar: argument. Student has
consistently applied  spelling and grammar are been able to structure
good and require little their arguments clear
improvement and concisely.
 Academic register applied
Spelling and grammar:
 Excellent spelling and
grammar
 Application of academic
register is of a high
standard
TOTAL /30

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