SCL1501/101/3/2020

Tutorial Letter 101/3/2020

SKILLS COURSE FOR LAW STUDENTS

SCL1501

Semesters 1 and 2

Department of Jurisprudence

IMPORTANT INFORMATION:
This tutorial letter contains important information
about your module, the assignments and the examination paper for this module.

BARCODE
 CONTENTS

Page

1 INTRODUCTION TO THE MODULE ............................................................................................ 4

2 PURPOSE AND OUTCOMES ...................................................................................................... 5
2.1 Purpose ........................................................................................................................................ 5
2.2 Outcomes ..................................................................................................................................... 5
3 LECTURER(S) AND CONTACT DETAILS .................................................................................. 6
3.1 Lecturer(s) .................................................................................................................................... 6
3.2 University ...................................................................................................................................... 6
4 RESOURCES ............................................................................................................................... 6
4.1 Prescribed book(s)........................................................................................................................ 6
4.2 Recommended book(s) ................................................................................................................ 7
4.3 Electronic reserves (e-reserves) ................................................................................................... 7
4.4 Library services and resources ..................................................................................................... 7
5 STUDENT SUPPORT SERVICES ................................................................................................ 8
5.1 Discussion classes ....................................................................................................................... 8
5.2 Tutorial classes............................................................................................................................. 8
5.3 myUnisa ....................................................................................................................................... 8
5.4 Podcast and other media .............................................................................................................. 9
6 STUDY PLAN............................................................................................................................... 9
7 PRACTICAL WORK..................................................................................................................... 9
8 ASSESSMENT ............................................................................................................................. 9
8.1 Assessment plan .......................................................................................................................... 9
8.2 Assignment numbers .................................................................................................................. 10
8.2.1 General assignment numbers ..................................................................................................... 10
8.2.2 Unique assignment numbers ...................................................................................................... 10
8.3 Assignment due dates ................................................................................................................ 10
8.4 Submission of assignments ........................................................................................................ 11
8.5 The assignments ........................................................................................................................ 12
8.6 Other assessment methods ........................................................................................................ 12
8.7 The examination ......................................................................................................................... 12
9 FREQUENTLY ASKED QUESTIONS ........................................................................................ 13
10 IN CLOSING............................................................................................................................... 13

11 ADDENDUM A: ASSIGNMENTS FOR FIRST SEMESTER .......................................................... 14

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12 ADDENDUM B: ASSIGNMENTS FOR SECOND SEMESTER ..................................................... 46

13 ADDENDUM C: PLAGIARISM POLICY OF THE COLLEGE OF LAW .......................................... 75

14 ADDENDUM D: ACADEMIC HONESTY DECLARATION ............................................................ 77

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Dear Student
We wish to inform you that Unisa has implemented a transformation charter based on five
pillars and eight dimensions. In response to this charter, we have also placed curriculum
transformation high on the agenda. For your information, curriculum transformation includes
the following pillars: student-centred scholarship, the pedagogical renewal of teaching and
assessment practices, the scholarship of teaching and learning, and the infusion of African
epistemologies and philosophies. These pillars and their principles will be integrated at both
the programme and module levels, as a phased-in approach. You will notice the
implementation thereof in your modules, and we encourage you to fully embrace these
changes during your studies at Unisa.

1 INTRODUCTION TO THE MODULE

We are truly excited to welcome you to the module Skills Course for Law Students (SCL1501)
offered in the Department of Jurisprudence. We are confident that you will find it both
interesting and helpful. Our approach to this module recognizes the importance of blending
theory and practice. We will therefore make it as practical as possible so that you can learn
and develop the legal skills that are so crucial to a student of law.
However, not all this will be possible if you are not prepared to do the activities that we give
you in the various study units in your study material. Above all, you should not be satisfied with
merely absorbing the content of the study material. You will realise, as you go through your
study material that we encourage you to engage the material so that you can be able to apply
whatever skill is taught with confidence. Importantly, we embrace the notion of Afrocentricity.
The Department of Dispatch should supply you with the following study material for this module:
• A Study Guide
• Tutorial Letters 101 and 201
• Additional tutorial letters, including Tutorial Letter 301.

This is your first tutorial letter for this module and it contains important information about this
module. We urge you to read it carefully and to keep it at hand when working through the study
material, preparing the assignments, preparing for the examination and addressing questions
to your lecturers. In this tutorial letter, you will find the assignments for both semesters and
instructions on the preparation and submission of the assignments.
You will receive more tutorial letters throughout the semester. Right from the start we would
like to point out that you must read all the tutorial letters you receive during the semester
immediately and carefully, as they always contain important and sometimes urgent information.
Some of the tutorial letters may not be available when you register. Study material that is not
available when you register will be posted to you as soon as possible, but it is also available
on myUnisa. myUnisa is Unisa’s virtual campus where you can communicate with your
lecturers and fellow students and where you can submit assignments, access library resources
and download your study material.

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2 PURPOSE AND OUTCOMES

2.1 Purpose

This module is one of the foundational modules for the la w degree (LLB) and other law- related
diplomas. It is important to note that in the recent past, the legal profession made a startling
discovery that most newly qualified law graduates lacked the necessary skills for legal practice.
This module introduces certain practical legal skills to beginner students in law, through the
integration of theoretical knowledge with skills or application of that knowledge. The module
will, therefore, teach you HOW to approach your legal studies, and prepare you for the legal
career. We are confident that it will serve as an excellent platform and a springboard for your
future as a legal practitioner or a lawyer! We need to mention, though, that this will only be
possible if you are prepared to work hard, interrogate the tutorial content and do the activities
that follow every section or sub-section of your study guide. Since this module is meant to help
you develop legal skills, it is extremely important that you DO what is asked. As already hinted,
it is not at all helpful for you to know the content if you cannot apply it when you are required
to in an authentic practical situation. Indeed that will be a total waste of time, energy and
resources!

We will therefore “force” you to do certain tasks, which will, in the end, benefit you immensely.
An example of such “forced tasks” is in the form of activities 3.1, 3.2 and 3.3 in Learning Unit
3 (Reading Legal Texts) of your Only Study Guide for SCL1501. You will realize that in order
to do such activities, you first have to find the various legal texts referred to in that learning unit.

We may as well immediately advise that you try to find those legal texts right away so that you
do not have to hassle when you start working on that learning unit. In fact, the said legal texts
provide valuable material for you to make sense of the contents of Learning Unit 3 (Reading
Legal Texts). At the same time, we are satisfied that this task will enable you acquire the skill
of finding legal sources, which is a key aspect of research.

2.2 Outcomes

After successful completion of the module, you will be able to:

 Demonstrate an appreciation for blending theory and practice (reflection and action)
 Define the term “law”, explain its functions and how various skills apply to it
 Understand key educational concepts and demonstrate effective study skills
 Demonstrate basic knowledge and applicable legal skills ( reading legal texts, legal
communication skills, basic litigation and oral advocacy skills, and numeric skills)
 Demonstrate knowledge of the various legal actors and their roles
 Apply the legal skills to other courses in the area of law
 Make sense of the various aspects that relate to the daily challenges in the practice of law.
 Appreciate Law as part of the society and look at it from an Afrocentric perspective

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3 LECTURER(S) AND CONTACT DETAILS
3.1 Lecturers

Your lecturers in this module are:

Mr FM Mahlobogwane (Module Leader)

Brooklyn House, Office 2-29, Veale Street Brooklyn
Email: mahlofm@unisa.ac.za
Tel: 012 433 9535

Mr KB Morota
Brooklyn House, Office 2-42, Veale Street, Brooklyn
Email: morotkb@unisa.ac.za
Tel: 012 433 9448

David Letsoalo
Brooklyn House, Office 2-30, Veale Street Brooklyn
Email: letsomd@unisa.ac.za
Tel: 012 433 9492

All written enquiries that are not of a purely administrative nature, but are about the
contents of this module, should be directed to:

The Module Leader (SCL1501)

Department of Jurisprudence
PO Box 392
Unisa
0003

Letters to lecturers may not be included in your assignment submission.

3.2 University
If you need to contact the University about matters not related to the contents of this module,
please consult the publication Study @ Unisa which you received with your study material.
This booklet contains information on how to contact the University (e.g. to whom you may write,
important telephone numbers, addresses and details of the times certain facilities are open).
Always have your student number at hand when you contact the University.

4 RESOURCES
4.1 Prescribed books

There are no prescribed books for this module. This means that you do not need to purchase
any additional books. The study material for the module SCL1501 comprises the following:

 The Study Guide: Skills Course for Law Students (Only Study Guide for SCL1501)

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There is ONE study guide for this module. You have to go through the study guide very
carefully, and ensure that you do not only know the content, but are also able to apply the
knowledge to relevant practical situations.

 Tutorial Letters: Apart from Tutorial Letter 101 (this tutorial letter), you will receive other
tutorial letters for this module (e.g. 102, 103, 201). Tutorial letters are also considered
your official study material for this module. They are part of your study material for
assignments and examination purposes. Please study them carefully and keep them safe
for reference purposes.

Students can also view the study material and tutorial letters for the modules for which they
registered on the University’s online campus, myUnisa, at http://my.unisa.ac.za.

4.2 Recommended book(s)

The recommended textbooks for this module are referred to in your study guide. We further
recommend that, if possible, you follow the references acknowledged in the footnotes in each
study unit. Remember that you do NOT have to purchase any of the recommended books.

4.3 Electronic reserves (e-reserves)

There are no e-Reserves for this module.

4.4 Library services and resources

The Unisa Library offers a range of information services and resources:

 for brief information go to: https://www.unisa.ac.za/library/libatglance

 for more detailed Library information, go to
http://www.unisa.ac.za/sites/corporate/default/Library
 for research support and services (e.g. Personal Librarians and literature
search services), go to
http://www.unisa.ac.za/sites/corporate/default/Library/Library-
services/Research-support

The Library has created numerous Library guides: http://libguides.unisa.ac.za

Recommended guides:
request and find library material/download recommended material:
http://libguides.unisa.ac.za/request/request
postgraduate information services:
http://libguides.unisa.ac.za/request/postgrad
finding and using library resources and tools:
http://libguides.unisa.ac.za/Research_skills
Frequently asked questions about the Library:
http://libguides.unisa.ac.za/ask
Services to students living with disabilities:

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 http://libguides.unisa.ac.za/disability

Important contact information:

 https://libguides.unisa.ac.za/ask - Ask a Librarian

 Lib-help@unisa.ac.za - technical problems accessing library online services
 Library-enquiries@unisa.ac.za - general library related queries
 Library-fines@unisa.ac.za - for queries related to library fines and payments

5 STUDENT SUPPORT SERVICES

Important information appears in your My Studies @ Unisa brochure regarding student support.

5.1 Discussion classes

You will receive tutorial letter 102. This tutorial letter gives important information regarding
our visit to some regional centres where as lecturers, we get the opportunity to interact
face-to-face with you through these discussion classes. It is important to note that
discussion classes are offered by your lecturers.

5.2 Tutorial classes

See the brochure My Studies @ Unisa for information on tutorial classes in your area. Tutorial
classes are presented by the regional centres if the minimum number of s tudents
register for such classes. Note that these classes are conducted by tutors and NOT by
your lecturers.

5.3 myUnisa

As mentioned myUnisa is a valuable tool. If you have access to a computer and the internet,
you can quickly get access to resources and information from the university. myUnisa is Unisa's
online campus which will enable you to communicate with your lecturers, with other students
and with administrative departments within Unisa – all through your computer and the
internet. All you have to do is to register on myUnisa. Please keep in mind that your
lecturers cannot assist you with this process. See the brochure My Studies @ Unisa for
information on myUnisa. The Study@Unisa brochure is available on myUnisa:
www.unisa.ac.za/brochures/studies

Some of the functions that should be of use to you include:

 Discussions: One of the Forums under Discussions may be used to meet and contact
your fellow students and even to form virtual study groups. The other Forum under
Discussions also give you the opportunity to contact your lecturers directly, and to ask
questions regarding the module. All your questions on this forum will be answered by
your lecturers on a regular basis. Furthermore, all students registered for a particular
semester will be able to view the questions and answers. It is a good idea to check the
Discussions link regularly, as it will provide answers to some frequently-asked
questions.

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 Announcements: Your lecturers will regularly make important announcements

regarding new developments or administrative arrangements. We urge you to keep up
to date with any announcements by regularly accessing the Announcements link.

To register for myUnisa, go to Unisa's main website http://www.unisa.ac.za and click on the
"Login to myUnisa" button. That will take you to the myUnisa website. You can also go there
directly by going to http://my.unisa.ac.za .

You are encouraged to make use of myUnisa as it makes an alternative (and faster)
method of communication between students and lecturers possible.

5.4 Podcasts and other media

You will, during the course of the semester, be informed via tutorial letters and the myUnisa
platform of the availability of other electronic resources such as podcasts and how to access
them. Please make an effort to make use of such alternative media to maximize your learning
space. As open and distance learning (ODL) students, you need whatever resources at your
disposal to ensure success in your studies.

6 STUDY PLAN
For information and suggestions regarding general time management and planning skills,
please consult the publication Study @ Unisa.

7 PRACTICAL WORK

There are no practicals for this module.

8 ASSESSMENT
8.1 Assessment plan
How the assessment system works: Only students who submit the compulsory assignment
(Assignment 01) before or on the date of submission will be admitted to the examination. If you
do not submit Assignment 01, you will not be admitted to the examination.
Both Assignments 01 and 02 will be taken into account for your semester mark. Your semester
mark constitutes 20% of your final mark. You need to obtain at least 40% in the examination
before your semester mark will be taken into account.
How will this work in practice?

 Your SEMESTER MARK counts 20% (Assignment 01 counts 10% and

Assignment 02 counts 10%) of your final mark.

 Your EXAMINATION MARK counts 80% of your final mark.

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  Your FINAL MARK for the module will thus be calculated as follows: 20%
(semester mark) + 80% (examination mark) = 100% (final mark).

8.2 Assignment numbers

8.2.1 General assignment numbers
Assignments are numbered consecutively per module, starting from 01. This tutorial letter
contains the following assignments:
(1) Assignment 01 and assignment 02 for first-semester students (ADDENDUM A of this
tutorial letter).
(2) Assignment 01 and assignment 02 for second-semester students (ADDENDUM B of
this tutorial letter).

8.2.2 Unique assignment numbers

In addition to the general assignment number, each assignment has a unique number. These
unique numbers appear on the assignments below. Please ensure that this unique number is
clearly indicated on the assignments that you submit to the University. The unique numbers for
the assignments are as follows:

First Semester:
● Assignment 01: 649512
● Assignment 02: 634495
Second Semester:
● Assignment 01: 564122
● Assignment 02: 553708

8.3 Assignment due dates

Please note that NO ASSIGNMENTS WILL BE ACCEPTED after the relevant due date. Also,
please note that your lecturers do not have the authority to grant extension of time for the
submission of assignments. This means that you should take into account the submission
dates for Assignments 01 and 02 when planning your study schedule. It also means that you
must plan ahead.

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The closing dates for the submission of Assignments 01 and 02 are:

First semester

 Assignment 01: 23 March 2020

 Assignment 02: 20 April 2020

Second semester

 Assignment 01: 28 August 2020

 Assignment 02: 25 September 2020

8.4 Submission of assignments

Students may submit written assignments either by post or electronically via myUnisa. You are
urged to submit your assignments text in a PDF format when you submit electronically.
Assignments may not be submitted by fax or e-mail. For detailed information and requirements
as far as assignments are concerned, see the brochure My Studies @ Unisa.

Assignments sent via post should be addressed to:

The Registrar

PO Box 392
UNISA
0003

To submit an assignment via myUnisa:

● Go to myUnisa.
● Log in with your student number and password.
● Select the module.
● Click on assignments in the left-hand menu.
● Click on the assignment number you want to submit.
● Follow the instructions on the screen.

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8.5 The assignments

In this module, you will have to do two assignments. Assignment 01 is a written assignment
comprising questions that require short descriptive answers and calculations. The assignment
also has an observation sheet, which you have to use during the practical court observation
exercise. Assignment 02 is a multiple- c h o i c e assignment and must be completed on the
mark-reading sheet, which you received with your study material. Both assignments will be
counted together towards your semester mark. Any queries related to your study material
must be directed to the DESPATCH DEPARTMENT via despatch@unisa.ac.za or call 012
471 3688 or 012 429 6561.

Although students may work together when preparing assignments, each student must
complete and submit his or her own individual assignments. In other words, each student
must submit his or her own work. Keep in mind that with regard to written assignments, it is
unacceptable for students to submit identical assignments on the basis that they worked
together. This will amount to plagiarism and none of these assignments will be marked.
Furthermore, these students may be penalised or subjected to disciplinary proceedings of the
University. Please see Addendum A of this tutorial letter for an explanation of exactly what
constitutes plagiarism.

Please note that assignments will be assessed for the use of language. You will be penalised
for the use of improper and incorrect language. Always answer questions in full sentences and
do not use informal abbreviations. Please also check your grammar and spelling before
submitting your assignment.
Please note that the method of assessing multiple-choice question assignments is different
from that of assessing essay-type questions. Excelling in the multiple-choice question
assignment does not necessarily guarantee that you will do well in the essay-type assignment.

8.6 Other assessment methods

There are no other assessment methods for this module.

8.7 The examination

This module is offered in a semester period of fifteen weeks. This means that if you are
registered for the first semester, you will write the examination in May/June 2020 and the
supplementary examination will be written in October/November 2020. If you are registered
for the second semester you will write the examination in October/November 2020 and the
supplementary examination will be written in May/June 2021.

After registration and before the examination, the Examination Section will provide you with
general information on the examination, including information on examination venues, dates
and times. If you do not receive this information, please contact the Department of
Examinations a few weeks before the examination commences. Alternatively, you should be
able to access this information online on myUnisa. Please note that your lecturers cannot
assist you with this information.

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You will write a two-hour examination paper that counts 100 marks. You will receive more
information on the format of the examination paper in the follow-up tutorial letter that will also
contain the commentaries on the assignments.
The University (not the lecturers) makes previous examination paper available on myUnisa.
No other examination papers will be made available to students, and your lecturers will
provide no answers to the questions.

9 FREQUENTLY ASKED QUESTIONS

The Study @ Unisa brochure contains an A-Z guide of the most relevant general study
information. Please consult this brochure before contacting the University or your lecturers.

10 IN CLOSING
We trust that you will enjoy this module. Please remember that you are welcome to contact
any of us should you have any questions relating to the content of this module. We wish you
success with your studies.
Mr Mahlobogwane
Mr Morota
David Letsoalo

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ADDENDUM A: ASSIGNMENTS FOR FIRST SEMESTER

VERY IMPORTANT:
Assignment 01 is a compulsory assignment. You must submit
Assignment 01 to gain admission to the examination. If you do not
submit Assignment 01 before the due date, you will not be granted
admission to the examination. Remember that Assignment 01 is not
only compulsory, but that it also counts 10% of the semester mark of
20%.
Assignment 02 is not a compulsory assignment for admission to the
examination, but counts 10% of the semester mark of 20%.

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FIRST SEMESTER: ASSIGNMENT 01

CLOSING DATE: 23 MARCH 2020
UNIQUE NUMBER: 649512

Assignment 01 contains written questions, which must be answered in the spaces provided.
You must then cut out the assignment, attach it to the inside of an assignment cover
and submit it on or before 23 March 2020. Alternatively, you may submit this assignment
electronically. Remember to add your student number and the unique number.
IMPORTANT: You are reminded of the Plagiarism Policy of the College of Law (please see
Addendum C of this tutorial letter). The academic honesty declaration (please see Addendum
D of this tutorial letter), must be handed in together with this assignment.

TOTAL [50]
PART A:
Question 1

Read the section on “finding an Act of Parliament” (Learning Unit 3 of your study guide) and
then find the “Legal Practice Act 28 of 2014”. With reference to that Act, explain the following:
(a) Preamble (2)

(b) Long title (2)

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(c) Date of effect (2)

Question 2

Read the section “finding a court case” and do activity 3.3 (Learning Unit 3 of your study
guide). With reference to all the cases you have found, answer the following questions:
(a) What type of a case is S v Makua 1993 (1) SACR 160 (T)? Explain why you say so?
(4)

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(b) Refer to the catchphrases and headnote of S v Makua (1) SACR 160 (T) and
summarise what the case was about. (6)

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Question 3
“So, the Advocate Dali Mpofu is correct, we can afford free education for all South African
children. But where I come from, I do not jubilate at free education, I want to revisit the
curriculum; I want to know which publishing companies benefit from the education of our
children, where they come from and what their philosophy of education is” Moss Mashamaite
(2014).

(a) Explain the notion of praxis and why it has no place in "banking education". (4)

(b) Discuss the above extract with reference to Freire’s views on education. (6)

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Question 4
Sparks Dlamini approaches Vava of Arvina-Jima Attorneys, an attorney at law practising in the
Polokwane-Seshego area, to assist him with his claim for damages resulting from his dispute
with Zama Ngwenya. The agreed remuneration is as follows:
Every letter written R75
Every letter received R45
Drafting of summons R967

Drafting of an affidavit R77 per page or any part thereof

Telephonic consultations R128 per 10 minutes or any part thereof
Consultation R888 per 30 minutes or any part thereof
Stamps R5,75 Vat excl
VAT must be calculated at 15%

During the past month the attorney rendered the following services:

Received 11 letters
Wrote and posted 9 letters
Drafted four affidavits: 1 consisting of 1½ pages, 1 consisting of 2½ pages and 2 consisting
of 4½ pages each

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Consulted thrice telephonically: first for 23 minutes, second for 11½ and later for 36 minutes
Consultation twice: first for 33 minutes and later for 2½ hours
Instructed another legal practitioner (an advocate) to draft a pleading. The advocate charged R1505,
00 VAT excl
You referred the client to Fetakgomo Medi-Clinic near Lebowakgomo Centre to consult an
orthopaedic surgeon at a cost of R4236, 50 VAT excl.

Draft Vava of Arvina-Jima Attorneys’ comprehensive statement of account to Dlamini. (10)

Question 5

Sparks Dlamini purchased a Range Rover last week for R630 500 (VAT incl). While driving
from the Point area along OR Tambo Road in Durban, he collides with Skhathele Vava, who is
the owner-driver of a BMW 335i. Dlamini is 20% negligent, whereas Vava is 35% negligent.
The damage to the Range Rover is estimated at R152 000.00. It is uneconomical

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to repair the BMW, but its salvage value is R105 000.00. The pre-accident value of the BMW
was R389 000.00.

With reference to the damages to Dlamini and Vava’s motor vehicles, calculate who must pay
whom, and what would be the amount in damages. (4)

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PART B: COURT OBSERVATION

This part of the assignment requires you to visit a court of law (i.e. Magistrate or High Court) in
your area and attend a real court case to make observations. Before undertaking this project,
make sure that you have at least gone through Learning Unit 4 (communication and litigation
skills) and Learning Unit 5 (legal actors) in your study guide. These learning units will give you
an overview of the various role players and their functions in various courts. As you visit the
courts, you should consistently relate your observations to the content of the two learning units
and the Legal Practice Act 28 of 2014.

Take note of what actually transpires during the proceedings and record the details in your
notebook or study file. This is what you need to consider:

 Prior to your court observation, make arrangement with (or visit) the clerk of court/registrar
or court manager and introduce yourself. Politely ask him/her to allow you observe a real
case as part of your legal studies. (Note that these court officials can be extremely busy,
so you have to make prior arrangements with them.)
 Type of case: civil or criminal etc.
 The parties (persons involved in the matter or dispute).
 The various role players and their names (including court officials, presiding officer, legal
representatives, prosecutor, witnesses etc).
 The clerk of court/registrar (who should also sign your observation sheet and stamp it.
See item 12 of the observation sheet).
 Case name/number.
 NOTE: The University may contact the court you have mentioned to verify the
truthfulness of the information that you provide in your observation sheet.
 After completing the observation sheet, you should send it together with Part A as your
Assignment 01.
 The page bearing the stamp and signature of the Clerk of Court or Registrar of the High
Court forms part of the assignment. It should NOT be sent separately.

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OBSERVATION SHEET (PART B OF ASSIGNMENT 01) (10 marks)

Name of Student:
Full Names:
Student number:

1 Name of the Magistrate court/High court:

2 Date(s) attended:
3 Duration:

4 The type of case (civil or criminal?)

5 Explain why you say so in 4 above:

6 Who were the parties involved?

7 What was the case about? (state briefly)

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8 Who were the legal actors? If there are any legal representatives, indicate who
represented whom.

9 Comment on how the various legal actors used non-verbal communication in the
courtroom (refer to only two legal actors).

10 Briefly write your observations on how the following aspects of the litigation process were
carried out. Please be specific as to who did what and how:

(a) Opening addresses:

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_
_
_
_

(b) Examination-in-chief:

_
_
_
_
_
_
_

(c) Cross-examination:
_
_
_
_
_
_
_
_

11 What was the decision of the court (i.e. the magistrate/judge)?

_
_
_
_
_
_
_
_

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12 Write an outline of your experiences of this court observation project. What were the
challenges and the milestones (if any)?

13 Consult any legal practitioner (advocate or attorney) and ask him/her the following:
(a) Name of the legal practitioner
(b) How the Legal Practice Act 28 of 2014 has impacted on his/her practice

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14 Name of the Clerk of Court/Registrar where the court observation was made:

This is to declare that the student

visited this court and observed the case mentioned in this document.

Signature:
Date:

Stamp:

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 FIRST SEMESTER: ASSIGNMENT 02
CLOSING DATE: 20 APRIL 2020
UNIQUE NUMBER: 634495

Assignment 02 is a multiple-choice assignment and must be completed on a mark-reading

sheet

The unique number to be filled in on the mark-reading sheet is: 634495.

Keep in mind that it is not easy to do a multiple-choice assignment. It requires much effort
and time. Multiple-choice questions do not only test your knowledge, but also your ability to
apply such knowledge. In the examination you will be expected to answer a number of
multiple-choice questions. Therefore, this is an important step in your preparation for the
examination and you will be rewarded if you spend sufficient time in completing this
assignment.
TOTAL: [20]

CHOOSE ONLY ONE CORRECT ANSWER

QUESTION 1

Consider the following statements before choosing the correct option:

(a) Law is the body of rules that governs only criminals in the society.
(b) When the law is described as a system of norms, it is known as private law.

Choose your answer from one of the following:

(1) Statements (a) and (b) are correct

(2) Statements (a) and (b) are incorrect
(3) Statement (a) is correct; statement (b) is incorrect
(4) Statement (a) is incorrect, statement (b) is correct

QUESTION 2

Indicate the correct statement

Law is always enforced by the state in the society it operates

(1) This statement is true

(2) This statement is false
(3) This statement is true only in relation to constitutional law
(4) This statement is true only in relation to civil law

QUESTION 3

Indicate the correct statement

Which of the following are not duties of paralegals?

(1) Conducting legal research

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(2) Organising evidence to be presented at trial

(3) Statement (b) with appropriate supervision by a lawyer.
(4) Statement (a) and (b), with appropriate supervision by a lawyer.

QUESTION 4

Indicate the incorrect statement

An advocate carries out the following duties:

(1) Legal opinion

(2) Litigation
(3) Drafts legal documents
(4) Gives briefs to attorneys

QUESTION 5

Indicate the correct statement

Which of the following will indicate if a court is hearing a criminal or civil matter?

(1) The presence or absence of a police officer

(2) Whether the parties had legal representation
(3) The standard of proof required
(4) Whether the case is heard in the High Court

QUESTION 6

Indicate the correct statement

Which institution in the list below falls under chapter 9 of the Constitution of the Republic of
South Africa.?

(1) The National Prosecuting Authority

(2) The University of South Africa
(3) The Department of Justice
(4) The South African Human Rights Commission

QUESTION 7

Indicate the correct statement

Kgagudi hires a motor mechanic to repair his damaged car. The repair work is faulty and
causes a major damage to Kgagudi’s car. Who must prove negligence in this scenario, and
what is the standard of proof?

(1) The prosecution, beyond reasonable doubt

(2) The prosecution, on the balance of probabilities
(3) Kgagudi, on the balance of probabilities
(4) The motor mechanic, on the balance of probabilities

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QUESTION 8

Indicate the correct statement

When a court establishes a binding precedent, the reason for its decision, in Latin, is
referred to as:

(1) Obiter dicta

(2) Res judicata
(3) Ratio decidendi
(4) Postea

QUESTION 9

Indicate the correct answer

Which of the following court will never be “the court of first instance”?

(1) The High Court

(2) The Magistrate’s court
(3) The Supreme Court of Appeal
(4) The Constitutional court

QUESTION 10

Indicate the correct statement

If a case goes on appeal and the appellant wins, we would say:

(1) The appeal was dismissed and the decision upheld
(2) The appeal was dismissed and the decision reversed
(3) The appeal succeeds and decision upheld
(4) The appeal succeeds and the decision reversed

QUESTION 11

The trial stage before the cross-examination is referred to as:

(1) Main examination

(2) First cross-examination
(3 Examination-in-chief
(4) Re-examination

QUESTION 12

Indicate the incorrect statement

The following characterises a student as a subjective being:

(1) Interaction and dialogue with the teacher or lecturer

(2) Engaging and questioning current affairs
(3) Memorisation and regurgitation
(4) Research on the subject matter

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QUESTION 13

Indicate the correct answer

A learning style through which a skill is acquired when a student learns through experience
is called:

(1) Skills learning development

(2) Subjective being
(3) Study process
(4) Learning by doing

QUESTION 14

Indicate the correct statement

Letsoalo, Raligilia and Mahlobogwane are partners in the firm LRMs (Pty) Ltd. How much will
Raligilia get if the partners have agreed to share in the firm’s profit of R450 000 on the basis
of the ratio 1: 2: 3?

(1) R150 000,00

(2) R210 000,00
(3) R139 999,00
(4) R38 333,33

QUESTION 15

The salvage value of Boledi Moretsele’s Chevrolet Spark is R20 000. How much may he claim
from the defendant if it has become uneconomical to repair after an accident? The pre-
accident value of the Spark was R130 000.

(1) R110 000,00

(2) R15 000,00
(3) R90 000,00
(4) R80 000

QUESTION 16

Indicate the correct statement

An attorney applies numeracy skills when performing the following duties:

(1) When dealing with the high court matters only

(2) When calculating damages and making claims on behalf of the clients
(3) When giving advice on car collision matters only
(4) All of the above

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QUESTION 17

Indicate the correct statement

When a matter was heard in a Magistrate Court, appealed to the High Court and furthe r
appealed to the Supreme Court of Appeal (SCA), the High Court would be regarded as:

(1) The “court of first instance” to the matter in SCA

(2) The “court a quo” to the matter in Magistrate Court
(3) The “court a quo” to the matter in SCA
(4) All of the above

QUESTION 18

Indicate the incorrect statement

The Act has to undergo the following processes in order to be effective:

(1) Passed by the Parliament

(2) Signed by the President
(3) Signed by the minister
(4) Published in the Government Gazette

QUESTION 19

Indicate the correct statement

Argumentum ad hominem

(1) Is allowed during cross-examination

(2) Is a form of irrelevance in arguments
(3) is irrelevant only in criminal cases
(4) Is irrelevant at any stage of the trial

QUESTION 20

Indicate the CORRECT statement

The Skills Course for Law students (SCL1501) deals with:

(1) The importance of skills in our studies and legal profession

(2) Effective learning and banking education
(3) Tasks or activities as more important than knowledge
(4) Integration of knowledge with theory and cases

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NO ASSIGNMENTS MAY BE SUBMITTED BY E-MAIL OR FAX.

All assignments must be submitted in typed or hand-written format.

Please note the submission dates for assignments. No extensions will be

granted.

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ADDENDUM B: ASSIGNMENTS FOR SECOND SEMESTER

VERY IMPORTANT:
Assignment 01 is a compulsory assignment. You must submit
Assignment 01 to gain admission to the examination. If you do not
submit Assignment 01 before the due date, you will not be granted
admission to the examination. Remember that Assignment 01 is not
only compulsory, but that it also counts 10% of the semester mark of
20%.
Assignment 02 is not a compulsory assignment for admission to the
examination, but counts 10% of the semester mark of 20%.

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SECOND SEMESTER: ASSIGNMENT 01

CLOSING DATE: 28 AUGUST 2020
UNIQUE NUMBER: 564122

Assignment 01 contains written questions, which must be answered in the spaces provided.
You must then cut out the assignment, attach it to the inside of an assignment cover
and submit it on or before 28 August 2019. Alternatively, you may submit this assignment
electronically. Remember to add your student number and the unique number.
IMPORTANT: You are reminded of the Plagiarism Policy of the College of Law (please see
Addendum C of this tutorial letter). The academic honesty declaration (please see Addendum
D of this tutorial letter), must be handed in together with this assignment.

TOTAL [50]
PART A:

Question 1
(a) Do activity 3.1 (Learning Unit 3 of your Study Guide) and then describe the long titles
of the three Acts of Parliament that you found. (6)

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Question 2
Read the section “finding a court case” and do activity 3.3 (Learning Unit 3 of your Study
Guide). With reference to the cases you have found, answer the following questions:
(a) What kind of case are the following? Give reasons why you classify them as such.
(i) Molefe v Mahaeng 1999(1) SA 562 (SCA) (4)

(ii) Ex parte Addleson 1948 (2) SA 16 (E) (4)

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Question 3
"Education is a democratic learning experience, whereas banking education, indoctrination,
and training undercut the rational agency of the learner.”
(a) With reference to the above extract, discuss Freire’s notion of praxis. Explain why it is
not compatible with “banking education” (6)

Question 4
(a) Read the section on “litigation in a court of law” (Learning Unit 4 of your Study Guide)
and then differentiate between (i) examination-in-chief and (ii) cross-examination”. Give
practical examples. (5)

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Question 5
Duke Khoza, an attorney at Bhakaniya la Bulala Attorneys, arranges an account for his client,
Orlando Vilakazi, on the following basis:
Every letter written R70
Every letter received R40
Drafting of summons R890
Drafting of an affidavit R66 per page or any part thereof
Telephonic consultations R165 per 15 minutes or any part thereof
Consultation R840 per 30 minutes or any part thereof
Stamps R5.40 VAT excl
Vat must be calculated at 15%

During the past month Duke Khoza rendered the following services:

Received 13 letters
Wrote and posted 7 letters
Drafted 2 summonses

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Drafted three affidavits: 1 consisting of 3 pages, 1 consisting of 3½ pages and 1 consisting of

5½ pages

Consulted twice telephonically: first for 29 minutes and later 18 minutes

Consultation twice: first for 33 minutes and later for 1 hour and 32 minutes
Instructed an Advocate Kaizer Montana to draft a document. The Advocate charged R950
VAT excl
Client went to Steve Biko Medi-Clinic in Makana City to consult a doctor, and source out a
medico-legal report. The doctor charged R2 450.00 VAT excl.

Draft a comprehensive statement of account for Duke Khoza to Orlando Vilakazi. (12)

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Question 6

Rackzen and Monada were involved in a motor car collision at an intersection near
Mokwakwaila in Tembisa. At the time of the collision, Rackzen was driving a VW Polo which
he had bought for R170 000 (VAT incl). Monada was driving a Ford Ranger valued at R240
000.00. Rackzen is 25% negligent, whereas Monada is 45% negligent. The damage to the
Ford Ranger is estimated at R60 000.00. It is uneconomical to repair the VW Polo, but its
salvage value is R74 600.00. The pre-accident value of the VW Polo was R165 000.00.

With reference to the damage to Rackzen and Monada’s motor vehicles calculate who must
pay whom, and what would be the amount in damages. (3)

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PART B: COURT OBSERVATION

This part of the assignment requires you to visit a court of law (magistrate/high) in your area
and attend a real court case to make observations. Before undertaking this project, make sure
that you have at least gone through Learning Unit 4 (communication and litigation skills) and
Learning Unit 5 (legal actors) in your study guide. These learning units will give you an overview
of the various role players and their functions in various courts. As you visit the courts, you
should consistently relate your observations to the content of the two learning units and the
Legal Practice Act 28 of 2014.

Take note of what actually transpires during the proceedings and record the details in your
notebook or study file. This is what you need to consider:

 Prior to your court observation, make arrangement with (or visit) the clerk of court/registrar
or court manager and introduce yourself. Politely ask him/her to allow you observe a real
case as part of your legal studies. (Note that these court officials can be extremely busy,
so you have to make prior arrangements with them.)
 Type of case: civil or criminal etc.
 The parties (persons involved in the matter or dispute).
 The various role players and their names (including court officials, presiding officer,
legal representatives, prosecutor, witnesses etc).
 The clerk of court/registrar (who should also sign your observation sheet and stamp it.
See item 12 of the observation sheet).
 Case name/number.
 NOTE: The University may contact the court you have mentioned to verify the
truthfulness of the information that you provide in your observation sheet.
 After completing the observation sheet, you should send it together with Part A as
your Assignment 01.
 The page bearing the stamp and signature of the Clerk of Court or Registrar of the High
Court forms part of the assignment. It should NOT be sent separately.

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OBSERVATION SHEET (PART B OF ASSIGNMENT 01) (10 marks)

Name of Student:
Full Names:
Student number:

8 Name of the Magistrate Court/High Court:

9 Date(s) attended:
10 Duration:

11 The type of case (civil or criminal?)

12 Explain why you say so in 4 above:
_

13 Who were the parties involved?

14 What was the case about? (state briefly)

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8 Who were the legal actors? If there are any legal representatives, indicate who
represented whom.

10 Comment on how the various legal actors used non-verbal communication in the
courtroom (refer to only two legal actors).

10 Briefly write your observations on how the following aspects of the litigation process
were carried out. Please be specific as to who did what and how:

(d) Opening addresses:

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(e) Examination-in-chief:

(f) Cross-examination:

11 What was the decision of the court (i.e. the magistrate/judge)?

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12 Write an outline of your experiences of this court observation project. What were the
challenges and the milestones (if any)?

13 Consult any legal practitioner (advocate or attorney) and ask him/her the following:
(c) Name of the legal practitioner:
(d) How the Legal Practice Act 28 of 2014 has impacted on his/her practice

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14 Name of the Clerk of Court/Registrar where the court observation was made:

This is to declare that the student

visited this court and observed the case mentioned in this document.

Signature:
Date:

Stamp:

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 SECOND SEMESTER: ASSIGNMENT 02
CLOSING DATE: 25 SEPTEMBER 2020
UNIQUE NUMBER: 553708

Assignment 02 is a multiple-choice assignment and must be completed on a mark- reading

sheet.

Keep in mind that it is not easy to do a multiple-choice assignment. It requires much effort and
time. Multiple-choice questions do not only test your knowledge, but also your ability to apply
such knowledge. In the examination you will be expected to answer a number of multiple-choice
questions. Therefore, this is an important step in your preparation for the examination and you
will be rewarded if you spend sufficient time in completing this assignment.

ONLY FOR SECOND SEMESTER STUDENTS: TOTAL [20]

CHOOSE ONLY ONE CORRECT ANSWER:

QUESTION 1

Indicate the correct statement:

The purpose of the SCL1501 module is to:

(1) Enable students to develop skills relevant to legal studies
(2) Differentiate between law and rules
(3) Do the praxis and banking education in law situations
(4) Understand the Legal Practice Act 28 of 2014

QUESTION 2

Indicate the incorrect statement

The following are characteristics of the concept “law”:

(1) Law is a system of rules

(2) Rules are laws
(3) Law applies to human beings
(4) The state recognizes rules in order for them to become law

QUESTION 3

Indicate the correct statement

The following holds true for meaningful education:

(1) Learning is a core element of banking education

(2) There is no difference between studying and learning

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(3) Praxis forms part of banking education

(4) Interrogation of the curriculum

QUESTION 4

Indicate the correct statement

The following aspect appropriately describes banking education:

(1) Paulo Freire promotes praxis because it appropriates reasoning capacity

(2) Questioning or interrogation of information enhances banking education
(3) Banking education gives a balance between studying and learning
(4) Banking education undermines the notion of praxis

QUESTION 5

Indicate the correct statement

The legal profession is regulated by the following:

(1) The Judiciary

(2) The Attorneys’ Act 53 of 1979
(3) The State Attorneys’ Act 58 of 1957
(4) The Legal Practice Act 28 of 2014

QUESTION 6

Indicate the correct statement

An effective communicator does the following:

(1) Uses 35% for verbal communication

(2) Uses 65% for non-vernal communication
(3) Listens whilst noting the other person’s feelings
(4) Tries to remain subjective at all times

QUESTION 7

Indicate the correct statement

The main objective of “examination-in-chief” is to:

(1) Discredit the witness’ statements
(2) Ask leading questions in order to help the court
(3) Enable a witness to tell his/her story to the court
(4) Make the lawyer protect his/her client

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QUESTION 8

Indicate the correct statement:

If a President signs an IsiZulu version of an Act of Parliament, it means:

(1) The Act will be effective in the Kwazulu Natal Province

(2) The Act will be effective after it has been translated to English
(3) There are no enough translators in Parliament
(4) The IsiZulu interpretation will prevail over other versions of the Act

QUESTION 9

Indicate the correct statement:

Presumptions are necessary when reading or interpreting legislation because:

(1) The Constitution requires them to be supreme law of the land

(2) They are contained in the Interpretation Act 33 of 1957
(3) They give guidance where Acts are silent or vague on an issue
(4) They are applied retrospectively

QUESTION 10

Indicate the correct statement

(1) The procedure in action proceedings is started by way of notice of motion
(2) Action proceeding is used when there are no fundamental disputes on the facts of the
case between the parties involved
(3) The parties in action proceedings are the majority, minority and separate
(4) Ex parte application is another type of civil case

QUESTION 11

Indicate the correct statement

(1) “Headnotes” and “catch phrases” are written by the judges

(2) Headnotes are compiled by the publishers of the Government Gazette
(3) Headnotes contain the summary of the case
(4) Headnotes form the basis of heads of argument

QUESTION 12

Indicate the correct statement

(1) Order as to costs are instructions from the court orderly

(2) Order as to costs forms part of the examination in chief
(3) There are no orders as to costs in criminal cases, only in civil cases
(4) Order as to costs is normally stated at the end of an Act of Parliament

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QUESTION 13

Indicate the correct statement:

In a case, more than one judgment is given when:

(1) The judgment represents the opinion of all judges

(2) The court a quo is a High Court
(3) The law is applied to the facts of the case
(4) When there is no agreement among the judges

QUESTION 14

Indicate the correct statement:

(1) Minority decision binds the smaller courts

(2) Separate judgment binds only the small claims court
(3) A minority judgement creates a precedent and it is binding on the lower courts
(4) A majority judgment contains the ratio decidendi

QUESTION 15

Indicate the correct statement

The ratio decidendi in a case indicates the following:

(1) The words “cur adv vult” and “postea”

(2) The facts of the case
(3) The reasons for decision of the court
(4) Interpretation of the High Court rules to the decision of the magistrate court

QUESTION 16

Indicate the correct answer:

An Africanist music group, Rhythmic Elements, has purchased a studio equipment for
R388 000 VAT inclusive. What was the price of the equipment before VAT was added?

(1) R340 350,88

(2) R54 320,88
(3) R333 680,00
(4) R442 320,88

QUESTION 17

Indicate the correct statement:

(1) The Supreme Court of Appeal is the highest court in the land
(2) A decision of the Constitutional Court may be appealed to the Supreme Court of
Appeal
(3) The Constitutional Court is also the Supreme Court of Appeal
(4) The Constitutional Court would never be the court a quo

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QUESTION 18

Indicate the correct statement:

(1) Experienced advocates and attorneys may represent parties in Small Clams Courts
(2) Magistrates are private legal practitioners and therefore are independent
(3) Presiding officers in higher courts are called judges
(4) The parties in a criminal case are the plaintiff and the defendant

QUESTION 19

Indicate the correct statement:

Kgapane, Lenyenye and Seshego divide the profit of their business, Lebowa la Kgomo le
Motho (LKM) on a pro rata basis of 1:2:3. Their profit is R300 000.00. Kgapane will get:

(1) R150 000,00

(2) R50 000,00
(3) R30 000,00
(4) R60 000,00

QUESTION 20

It is uneconomical to repair Marupine Sape's Mazda 6 sedan after it was involved in a road
accident collision at Khwadu Mountain Pass. However, he is entitled to claim R68 000.00 from
the pre-accident value of the motor vehicle, which was estimated at R100 000.00. How much
is the salvage value of the wreck?

(1) R168 000.00

(2) R68 000.00
(3) R32 000.00
(4) R100 000.00

NO ASSIGNMENTS MAY BE SUBMITTED BY E-MAIL OR FAX.

All assignments must be submitted in typed or hand-written format.

Please note the submission dates for assignments. No extensions will be

granted.

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ADDENDUM C: PLAGIARISM POLICY OF THE COLLEGE OF LAW

The College of Law is committed to the Unisa ideal of research that is based on integrity,
quality and rigour. All work must meet the ideal of academic integrity. Academic integrity
can be defined as the meaningful and concerted effort to ensure honesty, trust, fairness,
respect and responsibility in research. All research at CLAW, whether a first-year
assignment or a doctoral thesis, should be guided by this ideal.

The opposite of academic integrity is academic dishonesty. In line with Unisa's policies,
the following activities are forms of academic dishonesty:

 Copying/cut-and-paste/patch-writing: This type of dishonesty involves just

copying someone else's work either word-for-word or changing it slightly without
indicating that it is copied by, for example, putting it in inverted commas or brackets.

 Absence of references: This involves using someone else's ideas, thoughts,

insights or data without acknowledging that they are not your own.

 Cheating/falsifying information: This is the manufacturing of data which does not

exist or leaving out contradictory evidence, also sometimes called cherry- picking.

 Padding: This refers to the practice of referring to sources that were not consulted,
but which makes the footnotes and/or bibliography seem more impressive.

 Too many quotes: This form of dishonesty is one where more than 15% of the work
consists of quotes.

 Incorrect referencing: Incorrect referencing shows a lack of rigour and of

disciplinary expertise.

 Helping someone cheat: This might range from the innocuous (allowing someone
to copy from you) to the more severe (providing someone with the means to cheat).
It is the reason why students are not allowed to hand in the same assignment, even
if they worked in a group.

PLEASE NOTE: If your work contains any of these forms of academic

dishonesty or any other kind of dishonesty not included here, you will be
awarded a mark of 0 (zero) and disciplinary action may be taken against you.
In addition all assignments, portfolios, dissertations and theses must include
a signed copy of the statement attached to this tutorial letter.

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ADDENDUM D: ACADEMIC HONESTY DECLARATION

Declaration

1. I understand what academic dishonesty entails and am aware of Unisa’s

policies in this regard.
2. I declare that this assignment is my own, original work. Where I have used
someone else’s work I have indicated this by using the prescribed style of
referencing. Every contribution to, and quotation in, this assignment from the
work or works of other people has been referenced according to this style.
3. I have not allowed, and will not allow, anyone to copy my work with the
intention of passing it off as his or her own work.
4. I did not make use of another student’s work and submitted it as my own.

NAME: ……………………………………………………………………………………
SIGNATURE: …………………………………………………………………………….
STUDENT NUMBER: ……………………………………………………………………
DATE: ………………………………………………………………………………………

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