FACULTY OF LAW

EAST LONDON
____________________________________________________________________________
MODULE: INTRODUCTION TO LAW

MODULE CODE: LPI113E

TYPE OF ASSESSMENT: SICK TEST

DATE OF ISSUE AND WRITING: 15 MAY 2024

TIME: 15H00-17H00

MARKS: 40
Lecturer: Internal Moderator
Prof N Ntlama-Makhanya: Dr N Ndhlovu

INSTRUCTIONS

1 Answer the questions and submit a typed WORD and DO NOT convert to PDF.
2 DO NOT separate the sub-questions in each of the questions.
3 Write clearly and legibly.
4 Refer to case law and relevant authority and avoid PLAGIARISM.
5 Include your full details in the COVER PAGE.
6 Submit the test paper on BLAKBOARD and DO NOT USE the Lecturer’s email-address.
Failure to adhere to this instruction will result in the non-consideration of your
submission.

This paper consists of (2) pages including the cover page

QUESTION ONE

1.1 What is customary law and how does it fit in the legal system as a source of law?
(5)

1.2 What is the ‘FIRAC’ model in the adjudication of case law.? In your answer, explain its
relationship with the jurisdiction of the courts? (8)

1.3 What are the functional areas of the Magistrates Courts as opposed to ‘other’ courts
established by legislation in terms of section 166(e) of the Constitution, 1996? In your
answer, give an example of these ‘other’ courts. (7)
[20]

QUESTION TWO

2.1 On the 10th May 2024, the Constitutional Court will hear an appeal lodged by the
Independent Electoral Commission regarding a judgment of the Electoral Court in a matter
that involved former President Jacob Zuma and his newly formed party, uMkonto WeSizwe
Party. With these facts:

(a) What is the status of the Constitutional Court in the adjudication of matters
that come before it? (5)
(b) With reference to your answer in (a) above explain the importance of a
‘precedent’ in the judgments of the courts. (5)

2.2 What is the Constitution? In your answer, explain its relevance as a source of law with
reference to legislation and international law? (10)

END OF TEST PAPER!!