1.1 What is the difference between rule of law and rule bylaw? (6)

1.2 Having considered Fuller's 8 requirements of the inner morality of the law (as discussed in Wille), discuss whether there is a relationship between law and justice in present day South Africa. (8)

1.3 Based on your knowledge of the cases discussed in this part of the course, how would you describe the approach of the courts to the legal position of South African women? Did the courts try to soften the effects of discriminatory laws? (6)

[Total marks 20]

Discuss Minister of Law and Order v Hurley and Another 1986 (3) SA 568 (A).Your discussion must include the following:

2.1 The Facts of the case (2)

2.2 The Legal issue (2)

2.3 The Law (2)

2.4 The Arguments (3)

2.5 The Court's decision (1)

2.6 The Court's reasoning (5)

2.7 How did the Court guard its jurisdiction? (5)

[Total marks 20]

Question 3

To what extent did the courts come to the assistance of those detained without trial by the government in South Africa? In your answer, briefly summarize the main legal

[Total marks 10]

Question 1

Please read the attached legislation and answer the following questions:

1. Is this original or subordinate legislation? Give a reason for your answer. (2)
2. How is legislation usually promulgated? (1)
3. On which date did the attached regulations commence? (1)
4. If there was a conflict of meaning between the English and Xhosa version of the attached regulation, which version will the courts rely on and why? (2)
5. Section 2 of the attached regulations stipulates the procedure for accreditation. Your client, Safe Spaces (Pty) Ltd, a registered security company, wants your advice on whether they qualify as an applicant in terms of s2 of the regulations. Advise them on whether a juristic person qualifies as an applicant, in terms of the regulations. (2)
6. Another client, Mr Khumalo, wishes to apply for accreditation in terms of s2 of the attached regulations. He completed the relevant application form as required in terms of s2(3) of the regulations, but completed the application form in blue ink. Although he met all the other requirements and criteria for accreditation, the Registrar rejected his application, as he said there was not absolute compliance with s2.
7. On reading the wording of s2(3), explain to Mr Khumalo why the Registrar rejected his application.
8. Advise Mr Khumalo why you think he could successfully challenge the Registrar's decision if the matter had to come before a court, on the issue of his non-compliance with s2(3). In your advice to Mr Khumalo, briefly elaborate on two cases that could bolster his argument. The one case should be a pre-1994 case and the other should be a Constitutional Court case, that you recall learning about in your Interpretation's module in your first year in law school. (10)

[Total 18 marks]

Question 2

1. What is the common law presumption on retrospective legislation? (1)
2. What is the rationale for this presumption? (1)
3. InVeldman v Director of Public Prosecutions, Witwatersrand Local Division2007 (3) SA 210 (CC),the Constitutional Court confirmed this presumption. Briefly set out the issues in this case and how the court applied this presumption. (5)

[Total 7 marks]

Question 3

the different phases of development in interpretations of statutes in South African law, starting with the phase that espoused the "golden rule" of interpretation, to the current phase under our constitutional democracy. include the landmark cases that defined some of these phases. [Total 10 marks]

Question 4

In the case ofFish Hoek Primary School v GW 2010 (2) SA 141 (SCA),section 40(1) of the South African Schools Act 84 of 1996 ("the Act") was in dispute. Section 40(1) of the Act, provides that, 'A parent is liable to pay the schoolfees determined in terms of section 39 ...'

A parent is defined in s 1 of the Act as:

'(a) the parentor guardian of a learner;

(b) the person legally entitled to custody of a learner; or

(c) the person who undertakes to fulfil the obligations of a person referred to in paragraphs (a)and (b) towards

the learner'seducation at school;'

Answer all the questions below:

a. What was the legal issue in dispute between the parties in this case? (2)

b. What was the first component of interpretation that the court relied on? (2)

c. How did the High Court, when deciding the matter, interpret "parent"? (2)

d. Why did the SCA hold that the High Court's interpretation of "parent" was

incorrect? (3)

e. How did the SCA apply the rule that "... a statute ought to be construed that, if

it can be prevented, no clause, sentence or word shall be superfluous, void

or insignificant"? (2)

f. How did the SCA apply the constitutional value laden component to its

interpretation? (4)