Wongani Ngoma

ST10461479
Bachelor Of Law
Introduction To South African Law
INFL5111A1
Rotondwa Mashige
Question 1
1.1 True – The constitution recognises customary law as part of the south
African legal system and must be used by courts where it is applicable.
1.2 True – wrote it in 1668 during political conflict, he wrote “Censura
Forensis.”1
1.3 True –
1.4 True – courts can refer to positive law principles to make resolve
ambiguities.
1.5 True – Common law are non-enacted laws that originate from Roman-
Dutch law.
1.6 True – the Bill right of rights (which is part of the constitution) accepts the
existence of customary law.
1.7 True – it’s associated with non- discrimination and fairness. It was firstly
used in 1993 and since then been part of the ten constitutional rights.2
1.8 True – they believe on the written law that has been codified and imposed
by the government.
1.9 True – The constitution is supreme law that governs society’s rights and
duties.
1.10 False – South African has an uncodified legal system and are
contained in a single long document.

Question 2
2.1 Criminal Procedure Act 51 of 1977
2.1.2 “To make provision for procedures and related matters in criminal
proceedings”3
2.1.3 “To Make provision for procedures and related matters in criminal
proceedings”4
2.2.1 “in re” means case involving individual entity so the parties involved
were Jabulani Sydney Dube.
2.2.2 Milne J and Didcott J
2.2.3 Natal Provincial Division located in Pietermaritzburg while a subordinate
local seat at Durban5

1
Berkeley Law “The Roman-Dutch Legal Tradition” 15th March 2009 website at The
Roman-Dutch Legal Tradition - Berkeley Law [Accessed 12 April 2024].
2
Frameboxxindore “What is Ubuntu within the South African Legal Context?” April 2022
website at What is Ubuntu within the South African legal context? ([Link])
[accessed 12th April 2024].
3
The Criminal Procedure Act 51 of 1977.
4
Act 51 of 1977.
 2.2.4 The legal question was to assess Mr Dube (single party) ability to be
employed which would subsequently lead to his idleness. This was assessed by The
Department of Plural relations and development. Following the Apartheid legal
system, under the legislation named The Black Urban Areas Consolidation Act.6 This
legislation created a legal classification for parties that fit the criteria of being black
and unemployed would be rendered as “idle persons” if they had not worked for 122
days or more. The procedure involved being brought to commissioner to determine
this judgement, which would be approved by the Supreme Court. Mr Dube lived in
Lamontville lived dependant on his mother’s welfare and suffered from epileptic
which limited his ability to work under hard duty work conditions. 7 He has not
actively looked for work in years.
2.2.5 Base on the criteria that “idle persons” is only valid if you have the ability
to be employed but have no valid employment within the previous year makes Mr
Dube is therefore idle, this is supported by section 29.8 This lead to Mr Dube
declaration of “idle persons. Despite the visible limited capacity he had to be
employed due to his epileptic. As a result of this led to the commissioners decision to
declare the party “idle” and would be consigned to a farm colony for two years. This
would be suspended if he could find lawful employment within 30 days. 9
Question 3
The dispute at hand regarding boundaries between neighbours falls under the legal
branch of Private Law this being law that regulates and governs relationships
between individuals, associations and corporations.10 In this instance here, we see
the two parties being Mrs Anderson (the defendant) and Mr. Samuelson ( the
plaintiff), who is the individual that will bring this ambiguity to the eyes of the court.
Within Private Law this specifically falls under Property Law, which closely focuses
on the rights and duties between person with respect to assets that individual owns
or acquires.11 In this respect the matter must be adhered by the court to provide a
remedy to resolve this dispute, seeing as this is an issues that falls within spectrum
of private law, it is within the spectrum of substantive law, which is written and
unwritten law of the country that defines relationships. The court will provide the
remedy which will be supported by legislation or statute. In this case, Mr. Samuelson
(the plaintiff) will require to obtain a declaration of rights, to provide security against
any future disturbance of the his rights towards this property. The declaration of
rights will be used to restore physical control of the property and provide clear and
5
Wikipedia “In re Dube” 9 September 2023 website at In re Dube - Wikipedia [Accessed
14 April 2024].
6
Black Urban Areas Consolidation Act 25 of 1945.
7
Studou “In re Dube 1979 (3) SA 820 (N)” 10th September 2020 website at IN RE DUBE
1979 (3) SA 820 (N) - Source: - Studocu [Accessed 14 April 2024].
8
S 29 Act 25 of 1945.
9
Studou “In re Dube 1979 (3) SA 820 (N)” 10th September 2020 website at IN RE DUBE
1979 (3) SA 820 (N) - Source: - Studocu [Accessed 14 April 2024].
10
Barratt A, Coller van H, Govindjee A, Iya S, Kruuse H, Pillay K, Preez du M, Singh PP,
Tshingana L, Walt L “Introduction To South African Law” 3rd ed (2023) 245 – 246.
11
Barratt A et al “Introduction To South African Law” 3rd ed (2023) 333-334.
defined boundaries between both parties. However, this does not entirely mean that
the court will rule in Mr. Samuelson’s favour as an evaluation of both property deeds
will be required alongside another evaluation by a surveyor as the previous one was
not done to clear confusion but instead created more confusion. In order to make
any of this valid, the plaintiff must ensure to take this matter into valid quote with a
the jurisdiction, this can be as lower courts such as superior courts like land claim
court or magistrates court. If taken to a court with no jurisdiction in regards to this
matter it is therefore declared invalid.
Question 4
Civil procedure are the formal rules and standard that all courts must follow in the
country when dealing with civil matters in this instance divorce would fall under this
scope. 12 Divorce, also known as dissolution of marriage, is the termination of a
marital union which subsequently leads to dissolving all legal responsibilities and
duties that were associated to this union previously. 13 This falls within private law,
which deals with relations between individuals or entities, specifically looking at
Family law that deals with regulating family relations between parents and children.
To begin this process of terminating this union, Mr Johnson must understand which
marital regime the union is based under and the consequences of dissolving the
union. For instance, those married under marriage in community of property are a
joint estate and must split equally between the two. This accommodating both
liabilities and assets accumulated during the marriage and before. This may be more
profitable for one partner than the other and may lead to a profitable outcome for Mr
Johnson as he may get more than what he initially had before this union. However,
this may not be the case as Sarah may gain more. Alternatively, another marital
regime may be marriage out of community of property. This is also known as
antenuptial contract that place both parties as individual estates. This marital system
is split into marriage out community of property with accrual where parties’ prior
liabilities are separate before marriage, but any profits, assets and liabilities made
during the marriage will be split equally between the two. Whereas marriage out of
community of property without accrual is where assets and liabilities are split and
remain separate even after the commencement of the union. Following this
assessment, Mr Johnson’s can begin this process by taking this matter to the court,
but must ensure to take it to the valid court with jurisdiction to the matter, an example
of the valid courts may be the High court or Regional court of the magistrate who
deal with divorce matters that are similar to this nature. Jurisdiction is dependant on
the geographic boarders of the province of which the plaintiff (Mr jones) live in. In the
event that Sarah lives in a separate province than Mr Jones it’s up to the Plaintiff to
follow the defendant and place the case in the domicile of the defendant (Sarah).
Another aspect to understand is the sensitivity of this matter as the 2 children are

12
Law Guide “South African Civil Procedure” January 2024 website at South African Civil
Procedure – Law Guide [Accessed 14th April 2024].
13
Wikipedia “Divorce in South Africa” 6th November 2023 website at Divorce in South
Africa - Wikipedia [ Accessed 14 April 2024].
involved, thus meaning legislation such as Childrens Act of 38 of 2005, Maintenance
Act 99 of 1998 and Divorce act 70 of 1979 are legislation that will safeguard and
protect the rights and interests of the children in regards to financial responsibilities,
custody, etc. The court will require explanation for the termination of marriage of
which Mr Johns may use the neglection of the family from Sarah and the absence of
Love and commitment in the marriage. This ultimately proving that the marriage can
not be restored.
Question 5
5.1 According to Ronald Dworkin, principle are guidelines that align with
justice, fairness and moral dimensions which stem from moralistic
foundations which must be adhered and followed universally by the whole
population.14 Thus leading to establishment of individual rights. Whereas a
policy is strategic or course of action that work towards established a
collective goal. These policies are intensively researched based on factors
such principles, practicality and other factors aside from integrity and
decency. 15
5.2 Civil can be applied and defined within behavioural context of
interpersonal interactions between different individuals to promote
humanity and respect between one another. Alternatively, civil in legal
context is a branch of law that focuses on disputes between private
individuals regarding their rights and duties. This is done in a non-violent
and nonmilitary manner. An example of this is a lawsuit. 16Civil can refer to
resolving matters involving ordinary citizens of the country rather than
those members in society in authorial positions such as military.17 An
example of this is civil marriages. Civil may also involve the legal
framework that safeguard and regulate personal and business related
disputes and dilemma’s in nature, an example of this are civil courts that
deal with issues such as divorce and fraud.18
5.3 Common Law carry various meaning in the legal system of South Africa.
Common Law is law that does not originate from legislation known as non-
enacted laws.19 Seeing as the legal system is hybrid in nature, Common
law are rules and principles that were created and written by old
authorities of Roman, which fall under the Roman- Dutch law principles.
14
Studocu “Principle vs Policy according to Ronald Dworkin” 7th April 2024 website at
[Solved] Differentiate between a principle and a policy according - Introduction to South
African Law (INFL 5111) - Studocu [Accessed on 15th April 2024].
15
Studocu “Principle vs Policy according to Ronald Dworkin” 7th April 2024 website at
[Solved] Differentiate between a principle and a policy according - Introduction to South
African Law (INFL 5111) - Studocu [Accessed on 15th April 2024].
16
Cambridge “Meaning of civil in English” 8th October 2022 website at CIVIL | English
meaning - Cambridge Dictionary [Accessed on 15th April 2024].
17
Cambridge “Meaning of civil in English” 8th October 2022 website at CIVIL | English
meaning - Cambridge Dictionary [Accessed on 15th April 2024].
18
Cambridge “Meaning of civil in English” 8th October 2022 website at CIVIL | English
meaning - Cambridge Dictionary [Accessed on 15th April 2024].
19
Barratt A et al “Introduction To South African Law” 3rd ed (2023) 143.
 Alternatively, Common law is referred to English common Law. 20 This law
applied to former British colonies, South Africa fell apart following the 2nd
occupation in 1806. This English law bases all decisions and customs on
Western European legal system, where court have ability to create
legislation in the form of judicial precedence that legally binds lower courts
who must now adhere to that ruling in all future court cases similar nature.
Lastly, Common Law is the universal law used by the entire country.
5.4 International Law is the law that regulates and governs the relationship
between independent states such as treaties and diplomatic relationship.21
It is split between Public international law that involves relationships
between states and private international law are rules that govern private
disputes between citizens of different countries. This is contrasted to
Foreign law is a source of law that acts as a learning framework to
evaluate how other legal systems have approached similar problems
constitutional or any legal dilemma incurred in the legal system but are not
legally binding.

20
Barratt A et al “Introduction To South African Law” 3rd ed (2023) 144.
21
Barratt A et al “Introduction To South African Law” 3rd ed (2023) 423 – 425.
Referencing List
Table of Statutes
The Criminal Procedure Act 51 of 1977.
Black Urban Areas Consolidation Act 25 of 1945.

Books
Barratt A, Coller van H, Govindjee A, Iya S, Kruuse H, Pillay K, Preez du M, Singh
PP, Tshingana L, Walt L “Introduction To South African Law” 3rd ed (2023) Maskew
Miller Learning (Pty) Ltd: Cape town.

Web resources
Berkeley Law “The Roman-Dutch Legal Tradition” 15th March 2009 website at The
Roman-Dutch Legal Tradition - Berkeley Law [Accessed 12 April 2024].
Frameboxxindore “What is Ubuntu within the South African Legal Context?” April
2022 website at What is Ubuntu within the South African legal context?
([Link]) [accessed 12th April 2024].
Wikipedia “In re Dube” 9 September 2023 website at In re Dube - Wikipedia
[Accessed 14 April 2024].
Studou “In re Dube 1979 (3) SA 820 (N)” 10th September 2020 website at IN RE
DUBE 1979 (3) SA 820 (N) - Source: - Studocu [Accessed 14 April 2024].
Law Guide “South African Civil Procedure” January 2024 website at South African
Civil Procedure – Law Guide [Accessed 14th April 2024].
Wikipedia “Divorce in South Africa” 6th November 2023 website at Divorce in South
Africa - Wikipedia [ Accessed 14 April 2024].
Studocu “Principle vs Policy according to Ronald Dworkin” 7th April 2024
website at [Solved] Differentiate between a principle and a policy
according - Introduction to South African Law (INFL 5111) - Studocu
[Accessed on 15th April 2024].

Cambridge “Meaning of civil in English” 8th October 2022 website at CIVIL |