Assignment 1: Questions

FIRST SEMESTER OF 2023

Bernice Laboff | HFL1501 | March 15, 2023

Table of Contents
Question 1:.................................................................................................................................. 2
Question 2:.................................................................................................................................. 2
Question 3:.................................................................................................................................. 3
Question 4:.................................................................................................................................. 3
Question 5:.................................................................................................................................. 3
Question 6:.................................................................................................................................. 4
Question 7:.................................................................................................................................. 4
Question 8:.................................................................................................................................. 4
Bibliography ................................................................................................................................ 5

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Question 1:
1.1 The difference between a civil-law legal system and a common-law legal system is:
Civil-law legal system Common-law legal system
The legal systems that’s influenced by The legal systems that are influenced by
Roman law is called “civil-law systems”. English law is called “common-law
systems”.1

1.2 Many European countries legal systems (such as Germany, France, The Netherlands,
Italy, and Spain) are based on Roman law. They are known as civil-law legal systems.
South Africa legal system is a hybrid or mixed legal system (mixture of Roman-, English-
law influences. This makes it achievable for our lawyers to use the wisdom of other
lawyers who law systems also have their roots in Roman law.
Lawyers must search for solutions to new problems and by knowing the civil roots of our
legal system will help ensure that we can work with other civil-law legal systems and use
or pay attention how they solved their legal problems. To put it simply, to grasp the
understanding of Roman law will make it easier to legal research with relative foreign
civil-law systems.2

Question 2:
2.1 The court recognized that the rejection of “spouse in polygynous marriages” from the
benefits of the Interstate Succession Act is in contrary with the foundational rights to
equality before the law and equal protection. This discrimination against woman is
unjustifiable and breaches their right to equality and human dignity. The Bill haven’t
yet been approved by the Parliament, but the Bill provides for, among others, the
status and capacity of the spouses and the ending of Muslim marriages.3

2.2 The Constitution made it possible for religious laws to be recognized in South Africa
and that the Law Reform Commission has presented a Bill on the Recognition of
Muslim marriages.4

2.3 South Africa does not yet officially recognize Islamic law as a source of South African
law.5

1
“Learning unit 1: Setting the scene.” Historical Foundations of South African law.(Muckleneuk,
Pretoria: University of South Africa,2018),6.
2
“Learning unit 3: The Western component: Roman legal history until the 11th century.” Historical
Foundations of South African law. (Muckleneuk, Pretoria: University of South Africa,2018),21.
3
“Learning unit 2: The African component and Islamic law.” Historical Foundations of South
African law. (Muckleneuk, Pretoria: University of South Africa,2018),18.
4
““Learning unit 2: The African component and Islamic law.” Historical Foundations of South
African law. (Muckleneuk, Pretoria: University of South Africa,2018),18.
5
““Learning unit 2: The African component and Islamic law.” Historical Foundations of South
African law. (Muckleneuk, Pretoria: University of South Africa,2018),18.

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Question 3:

Preator Urbanus Preator Peregrinus

It applies the ius civile.
It could only administer justice between
Roman residents, because the Roman ius
civile was only relevant to Roman residents.
It applied the ius gentium.
It was responsible for the administration of
justice involving the business of foreigners.
There is also a body of legal rules developed
that applied in cases between foreigners or
foreigners and Roman residents.6

Question 4:
Southern Africa can be referred to as an ius commune. Some nations in Africa shares a legal
history, like South Arica, Namibia, etc. not just European legal systems share a common core.
These nations legal systems consists out of indigenous African law, Roman-Dutch law, which
was influenced by English law. Botswana common law and South African common law is Roman-
Dutch law and Lesotho’s civil-law is also Roman-Dutch law.7

Question 5:
5.1 Raad van Justitie8

5.2 The Privy Council9

5.3 The Appellate Division of the Supreme Court (today named as Supreme Court of Appeal)10

6
“Learning unit 3: The Western component: Roman legal history until the 11th century.” Historical
Foundations of South African law. (Muckleneuk, Pretoria: University of South Africa,2018),23-24.
7
“Learning unit 4: The Western component: Legal development in Europe from the 12th to the
19th centuries.” Historical Foundations of South African law. (Muckleneuk, Pretoria: University of
South Africa,2018),35.
8
“Learning unit 5: The development of the Western component in South African law before the
1990’s.” Historical Foundations of South African law. (Muckleneuk, Pretoria: University of South
Africa,2018),42.
9
“Learning unit 5: The development of the Western component in South African law before the
1990’s.” Historical Foundations of South African law. (Muckleneuk, Pretoria: University of South
Africa,2018),45.
10
“Learning unit 5: The development of the Western component in South African law before the
1990’s.” Historical Foundations of South African law. (Muckleneuk, Pretoria: University of South
Africa,2018),45.

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Question 6:
6.1 Mahatma Gandhi, Indian lawyer.11

6.2 The event that took place on 21 March 1960 was nonbelligerent demonstration against the
pass laws in the township of Sharpeville, that’s south of Johannesburg. 12

6.3 The Freedom Charter.13

Question 7:
The state had nearly boundless power. The Parliament was the highest rank in South Africa and
could pass any law, disregarding of its content, if they adhered the prescribed procedure for
passing legislation.14

Question 8:
 The Truth and Reconciliation Commission that was established after 1996 got full
recognition of constitutionalism in South Africa and replaced parliamentary sovereignty
with constitutional supremacy.15
 The introduction of Constitution and the human-rights culture in South Africa after 1996.16

11
“Learning unit 6: The South African liberation movement.” Historical Foundations of South
African law. (Muckleneuk, Pretoria: University of South Africa,2018),50.
12
“Learning unit 6: The South African liberation movement.” Historical Foundations of South
African law. (Muckleneuk, Pretoria: University of South Africa,2018),51.
13
“Learning unit 6: The South African liberation movement.” Historical Foundations of South
African law. (Muckleneuk, Pretoria: University of South Africa,2018),51.
14
“Learning unit 6: The South African liberation movement.” Historical Foundations of South
African law. (Muckleneuk, Pretoria: University of South Africa,2018),49.
15
“Learning unit 7: The universal component: The history of human rights in South Africa.”
Historical Foundations of South African law. (Muckleneuk, Pretoria: University of South
Africa,2018),64.
16
“Learning unit 7: The universal component: The history of human rights in South Africa.”
Historical Foundations of South African law. (Muckleneuk, Pretoria: University of South
Africa,2018),64.

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Bibliography
“Learning unit 1: Setting the scene.” in University of South Africa and others (eds.),Historical
Foundations of South African law. (Muckleneuk, Pretoria: University of South Africa,2018),6.

“Learning unit 2: The African component and Islamic law.” in University of South Africa and others
(eds.), Historical Foundations of South African law. (Muckleneuk, Pretoria: University of South
Africa,2018),18.

“Learning unit 2: The African component and Islamic law.” in University of South Africa and others
(eds.), Historical Foundations of South African law. (Muckleneuk, Pretoria: University of South
Africa,2018),18.

“Learning unit 2: The African component and Islamic law.” in University of South Africa and others
(eds.), Historical Foundations of South African law. (Muckleneuk, Pretoria: University of South
Africa,2018),18.

“Learning unit 3: The Western component: Roman legal history until the 11th century.” in
University of South Africa and others (eds.), Historical Foundations of South African law.
(Muckleneuk, Pretoria: University of South Africa,2018),21.

“Learning unit 3: The Western component: Roman legal history until the 11th century.” in
University of South Africa and others (eds.), Historical Foundations of South African law.
(Muckleneuk, Pretoria: University of South Africa,2018),23-24.

“Learning unit 4: The Western component: Legal development in Europe from the 12th to the 19th
centuries.” in University of South Africa and others (eds.), Historical Foundations of South African
law. (Muckleneuk, Pretoria: University of South Africa,2018),35.

“Learning unit 5: The development of the Western component in South African law before the
1990’s.” in University of South Africa and others (eds.), Historical Foundations of South African
law. (Muckleneuk, Pretoria: University of South Africa,2018),42.

“Learning unit 5: The development of the Western component in South African law before the
1990’s.” in University of South Africa and others (eds.), Historical Foundations of South African
law. (Muckleneuk, Pretoria: University of South Africa,2018),45.

“Learning unit 5: The development of the Western component in South African law before the
1990’s.” in University of South Africa and others (eds.), Historical Foundations of South African
law. (Muckleneuk, Pretoria: University of South Africa,2018),45.

“Learning unit 6: The South African liberation movement.” in University of South Africa and others
(eds.), Historical Foundations of South African law. (Muckleneuk, Pretoria: University of South
Africa,2018),50.

“Learning unit 6: The South African liberation movement.” in University of South Africa and others
(eds.), Historical Foundations of South African law. (Muckleneuk, Pretoria: University of South
Africa,2018),51.

“Learning unit 6: The South African liberation movement.” in University of South Africa and others
(eds.), Historical Foundations of South African law. (Muckleneuk, Pretoria: University of South
Africa,2018),51.

PAGE 5
“Learning unit 6: The South African liberation movement.” in University of South Africa and others
(eds.), Historical Foundations of South African law. (Muckleneuk, Pretoria: University of South
Africa,2018),49.

“Learning unit 7: The universal component: The history of human rights in South Africa.” in
University of South Africa and others (eds.), Historical Foundations of South African law.
(Muckleneuk, Pretoria: University of South Africa,2018),64.

“Learning unit 7: The universal component: The history of human rights in South Africa.” in
University of South Africa and others (eds.), Historical Foundations of South African law.
(Muckleneuk, Pretoria: University of South Africa,2018),64.

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