PORTFOLIO OF

INTRODUCTION TO RESEARCH METHODOLGY – IRM 1501 2023

QUESTION 1

Document-based research has to do with the reviewing of sources that are mostly sourced
from or found in the library. These are regarded as primary sources and included the
equipment, such as books., articles, law reports, and so on. Document-based that search is
used to when researching disciplines such as history. Sociology, anthropology and political
sciences.
Document based research is important because,
• It provides current answers to the legal programmes being researched.
• It provides information about weather. Scholars have returned on the subject.
• It indicates whether anyone has returned on the subject yet.
• It indicates whether the subject being investigated his. Has been fully explored in his
past, became saturated.
• It indicates whether there is a gap in the available literature that still needs to be
explored.
• It indicates whether there is a need to conduct further study of the subject.
Examples of document-based research.
• Historical research: Documentary research is commonly used in historical research
to study past events, trends, and social issues. Historians use existing documents
such as newspapers, diaries, and government records to reconstruct historical
events and understand the social and cultural context.
• Legal research: Documentary research is often used in legal research to understand
the legal context of a particular case or issue. Legal researchers use existing
documents such as court cases, legislation, and legal opinions to analyse the legal
issues and provide insights into the legal system.
• Social sciences: Documentary research is commonly used in social science research
to study social phenomena such as social movements, political campaigns, and
cultural practices. Social scientists use existing documents such as media reports,
government records, and personal accounts to understand the social and cultural
context of the phenomena.
• Marketing research: Documentary research is used in marketing research to
understand consumer behaviour, market trends, and competitor strategies.
Marketers use existing documents such as industry reports, market data, and
customer feedback to develop marketing strategies and make informed decisions.
• Education research: Documentary research is used in education research to study
educational policies, practices, and outcomes. Education researchers use existing
documents such as educational records, policy documents, and research studies to
understand the factors that influence student achievement and inform educational
policies.

QUESTION 2
Scientific research unlike non-scientific research is always based on facts whereas non-
scientific research is based on collecting data on casual observations and statements.
Scientific research is a logically stepped process used for investigating and acquiring or
expanding our understanding
All scientific investigations start with a specific research question and the formulation of a
hypothesis to answer this question. Hypothesis should be clear, specific, and directly aim to
answer the research question. A strong and testable hypothesis is the fundamental part of
the scientific research. The next step is testing the hypothesis using scientific method to
approve or disapprove it.

Scientific method should be neutral, objective, rational, and as a result, should be able to
approve or disapprove the hypothesis. The research plan should include the procedure to
obtain data and evaluate the variables. It should ensure that analysable data are obtained. It
should also include plans on the statistical analysis to be performed. The number of subjects
and controls needed to get valid statistical results should be calculated, and data should be
obtained in appropriate numbers and methods. The researcher should be continuously
observing and recording all data obtained.

Data should be analysed with the most appropriate statistical methods and be rearranged to
make more sense if needed. Unfortunately, results obtained via analyses are not always
sufficiently clear. Multiple re-evaluations of data, review of the literature, and interpretation
of results in light of previous research are required. Only after the completion of these
stages can research be written and presented to the scientific society. A well-conducted and
precisely written research should always be open to scientific criticism. It should also be
kept in mind that research should be in line with ethical rules all through its stages.

Therefore, scientific research as opposed to non-scientific research is always

• Fact based that are observable or non-observable

• There is a rational process
• Desire to provide certainty
• Answers provided are precise and measurable

QUESTION 3

According to Klare transformative constitutionalism brings about social change on a large

scale. It does so in a nonviolent political manner. The base of transformative
constitutionalism can be found in the preamble of the constitution which states that

We, the people of South Africa,

Recognise the injustices of our past;

Honour those who suffered for justice and freedom in our land;

Respect those who have worked to build and develop our country; and
Believe that South Africa belongs to all who live in it, united in our diversity.

We therefore, through our freely elected representatives, adopt this Constitution as the
supreme law of the Republic so as to -

• Heal the divisions of the past and establish a society based on democratic values,
social justice and fundamental human rights;
• Lay the foundations for a democratic and open society in which government is based
on the will of the people and every citizen is equally protected by law;
• Improve the quality of life of all citizens and free the potential of each person; and
• Build a united and democratic South Africa able to take its rightful place as a
sovereign state in the family of nations.
There is no definite answer to the concept of transformative constitutionalism, however it
does have an impact on the interpretation and enforcement of the constitution in South
Africa with the preamble as a guide.
Certain basic principles are inherent to transformative constitutionalism. These are that:
• Legal researchers must provide a clear understanding of the applicable law or legal
principle
• Legal researcher must analyse the applicable law or legal principle
• Legal researcher must implement the democratic values of human dignity, equality
and freedom to the law or legal principle
The above-mentioned principles are important to the process of transformative
constitutionalism because
• They ensure that legal researchers engage critically with law or legal principle.
• They guarantee that the democratic values enshrined in the constitution form part
of the critical engagement with law or legal principle.

QUESTION 4

• Informed consent.
Research that involves human participants must always be conducted with the necessary
informed consent. If the research involves minors, that is, persons under the age of 21
years, prior consent from parents or legal guardian must be obtained.
• No harm to participants.
Participants must be protected from any conceivable discomfort or emotional distress
emanating from their research project.
• Anonymity.
This is normally achieved by separating the identity of the participant from their responses.
Secondly, anonymity can be associated with privacy and confidentiality.
• Voluntary participation.
This means that participant generally have the right to agree or refuse to participate in
research. Accordingly, you must always respect this right.

QUESTION 5

FACTS OF THE CASE

The two accused in this matter were convicted in the Witwatersrand Local Division of the
Supreme Court on four counts of murder, one count of attempted murder and one count of
robbery with aggravating circumstances. They were sentenced to death on each of the
counts of murder and to long terms of imprisonment on the other counts. They appealed to
the Appellate Division of the Supreme Court against the convictions and sentences. The
Appellate Division dismissed the appeals against the convictions and came to the conclusion
that the circumstances of the murders were such that the accused should receive the
heaviest sentence permissible according to law. The two appealed that death penalty
violated their rights under the constitution

LEGAL QUESTION
Whether the death penalty was consistent with the constitution, that is the constitutionality
of s 277 (1) of the criminal Procedure Act and the implications of s 241(8) of the constitution

DECISION OF THE COURT

The court found s 277(1) of the criminal procedure to be unconstitutional and that it
violated the rights of the appellants, emphasizing on the right to life and dignity

IMPORTANCE IN RELATION TO THE NOTION OF UBUNTU

The court found the death penalty to be the most extreme form of punishment in terms of
section 11, subsection 12. Of the Constitution. The court found that the death penalty was a
cruel inhumane and degrading form of punishment. The court reflected on Ubuntu by
recognising the human right to life and inherent dignity. Therefore, rejecting the
punishment is inhumane.

REFERENCES

ACTS
Constitution of the Republic of South Africa , Act 108 of 1996
Criminal Procedure Act 51 of 1977

ARTICLES/ JORNALS
Noro Psikiyatr Ars. 2017 1.How to Conduct Scientific Research? How to Conduct Scientific
Research? - PMC (nih.gov)
Muhammad Hassan Documentary Research – Types, Methods and Examples 2023
Documentary Research - Types, Methods and Examples (researchmethod.net)
Klare K “ legal Culture and Transformative Constitutionalism” 1998(14) South African Journal
on Human Rights 146-179

BOOKS
Swanepoel M, Mabeka N Introduction to Research Methodology Only Study Guide for IRM
1501 2018 University of South Africa

CASES

S v Makwanyane and Another (CCT3/94) 1995 ZACC 3; 1995 (6) BCLR 665; 1995 (3) SA 391;
[1996] 2 CHRLD 164; 1996 (2) SA CR 1 (6 June 1995).