Question 1: (15 Marks)

A law student named Thandi is embarking on her first day at the University of Cape Town’s Faculty of Law. The lecture hall buzzes with excitement as students settle into their seats, eager to dive into the complexities of the South African legal system. Thandi feels inspired and eager to delve deeper into the study of South African law. She realizes that understanding this legal system is not just about learning statutes and cases, but also about appreciating the historical and cultural contexts that shape it. She comes to you for some assistance into explaining to her more about the South African legal system.

Briefly explain in your own words what is law and why it is necessary in

society. (2)

Tabulate the difference between law and other forms of social control such as ethics and morality. (3)
Explain what a codified system is, and with reasons, explain whether South African law is codified? (3)
Explain the difference between a civil case and a criminal case (2)

Zanele sells her laptop to Thabo for R5000. Thabo takes delivery of the laptop and only pays R500 the rest of the money he refuses to pay for it. Zanele has made several demands for outstanding payment, but Thabo refuses to make payment. Zanele cannot afford a lawyer but wants her money back.
Which court of law would you recommend Zanele take the case to? (1)

Based on your answer above, name full characteristics of this court (4)

Question 2: (10 Marks)

The South African court system is designed to ensure justice is administered fairly and efficiently across the country. This hierarchical structure ensures that cases are handled at the appropriate level, promoting efficiency, accessibility, and specialization in the legal system.
Briefly discuss what is the meaning of the term “Jurisdiction’’ (1)

Explain the role and jurisdiction of the Constitutional Court in South Africa and how does it differ from other courts in the hierarchy (3)
Discuss the functions of the Supreme Court of Appeal and explain how does it
interact with other courts in the South African legal system (3)

Discuss the doctrine of stare decisis and its application in the South African legal system (3)
Question 3: (8 Marks)

Identify which generation right is affected in each of the scenarios below and provide a reason for your answer:

In the city of Tshwane, a community of low-income families living in informal housing areas struggle with access to clean water and adequate sanitation. The residents have been reporting severe water shortages, lack of sanitation facilities, and poor living conditions for months. Despite the ongoing issues, no action has been taken by the local government to address these problems, which are affecting the health and well-being of the community. (2)
John is a journalist investigating a corruption case involving a local politician. He receives an anonymous tip-off and decides to investigate further. While working on the story, John gains access to private emails and phone records of the politician without consent, using a source who illegally obtained the information. John publishes the details of the politician’s private communications in his article. (2)

Name and explain the source of law applicable to the scenarios below:

In the province of KwaZulu-Natal, a new law is introduced to address the growing problem of traffic congestion in the city of Durban. The Durban Traffic Management Act is designed to improve traffic flow and reduce pollution by regulating the use of private vehicles during peak hours. (2)

In a recent case, Mr. Jacobs was charged with theft after being caught shoplifting from a local supermarket. The magistrate court initially sentenced him to 3 years in prison, based on the standard sentencing guidelines for theft in similar cases. However, during the appeal process, Mr. Jacobs’ legal team argued that a previous case, S v Langa (2010), paved the way, as the court had reduced the sentence for a similar theft case involving a first-time offender, considering the offender’s remorse and personal circumstances. In that case, the court had imposed a lesser sentence of 18 months imprisonment. (2)

Question 4: (17 Marks)

Sarah owns and operates a small but successful café, “Sarah’s Bistro,” in a busy neighborhood. John, a businessman, approaches Sarah with an offer to buy the café for R500,000. Sarah is not entirely interested in selling, but John continues to pressure her, citing that he is prepared to open a competing café right next door if she refuses to sell. He warns her that the competition could put her out of business.

Sarah feels threatened and coerced by John’s persistence and intimidation. She feels that she has no choice but to sell the café if she wants to avoid a potentially devastating loss of customers and business. After several days of pressure, Sarah agrees to the sale and signs a contract transferring ownership of the café to John for R500,000.

Based on the scenario above answer the questions below:

Is this agreement regarded as a reciprocal or a unilateral contract? Provide a reason for your answer. (2)
Identify who the parties in the contract are, explain each party’s obligations. (4)

Explain whether this agreement will be regarded as a valid, void or voidable contract, provide a reason for your answer.
Further, explain the legal implications of the type of contract you have identified.

(4)

David is a homeowner who wants to renovate his kitchen. He researches different décor businesses in the area, he contacts renovation specialist Linda for a quote. Linda agrees to visit David’s house to assess the work required before providing a final quote. After inspecting the kitchen, Linda prepares a detailed quotation, offering to do the entire renovation project for R145 000, starting on May 1st. The offer is valid for the next 10 days.

David, happy with the price and the terms, agrees to the offer. He sends Linda an email accepting Linda’s offer. However, two days after receiving David’s acceptance, Linda receives a better offer from another client and decides to cancel her previous offer to David. She contacts David to inform him that she will no longer be able to take on his renovation project.

David is upset and disappointed by Linda’s decision and insists that they have a binding contract and that he is entitled to the renovation for the agreed price. Linda argues that because she did not start any work nor did she sign a formal contract, she is not obligated to honor her offer.

Based on the scenario above answer the questions below:

Identify the offeror and offeree in the given scenario (2)
Considering the principles of offer and acceptance, does the agreement between David and Linda constitute a legally binding agreement? Provide reason for your answer. (3)
Explain whether Linda’s attempt to cancel the offer is legally justifiable. (2)

Answers to Above Questions on Law

Answer 1: 

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