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ILW1501-25-EX06B

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Read the following scenario and answer the question that follows by choosing the correct option:

Derek and Bongani are involved in a heated verbal dispute one evening, at a popular Johannesburg restaurant. The dispute continues outside the restaurant and turns into a physical altercation. Derek stabs Bongani in the chest. Unfortunately Bongani dies at the scene. Derek is charged with murder. He now fears that he will face the death penalty.

The case of S v Makwanyane and Another (CCT/3/94) 1995 (3) SA 391 (CC) decided that the death penalty:

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What does the term “formal law” refer to?

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What are the two requirements for the operation of the system of judicial precedent in South African law?

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What division of South African law reflects on questions such as “What is law?” and “What is the function of law?”

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Read the following scenario and answer the question that follows:

 

Ms Masina and Ms Seoke live in Protea Glen Estate in Soweto and have been neighbours for some time. Ms Masina does not care about the environment and regularly burns all her garden refuse by making a big fire. The fire smoke is a huge nuisance to Ms Seoke and makes life very unpleasant for her.

 

Which division of the private law will be applicable to the fire smoke that makes life unpleasant for Ms Seoke?

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Read the following paragraph and answer the question that follows by choosing the correct option:

In the case of Collins v Minister of the Interior 1957 1 SA 552 (A) 567, a famous case decided during the apartheid era, Centlivres CJ stated: “If the provisions of a law are clear, we, as a court, are not concerned with the propriety of the legislation or policy of the legislature, our duty is to minister and interpret it as we find it.” 

Thus, from the Collins case it is evident that during the apartheid era parliament could make any law it wanted to, no matter how unjust or unfair and the courts did not question such legislation.

Which concept below relates to the paragraph above?

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Which one of the following statements regarding an ex parte notice of motion application is INCORRECT?

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Read the following statement and answer the question that follows:

When we speak of “the government”, we mean three levels of government.

Which one of the following is NOT a level of government?

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