SCL$15012024$: ASSESSMENT $1$

QUESTION $1$

Explain the concept $$law$$ and thereby show how it is different from other social rules or norms.

$(4)$

QUESTION $2$

$2\mathrm{.}1$State$$ is a non$-$physical entity, an abstract notion or phenomenon created by citizens through

their deemed agreement $($i$.$e$.$ social contract$).$

$($a$)$ In the light of the above statement, explain the concept $$state$$ fully, and say why the agreement

by citizens in this regard is said to be $$deemed$.(4)$

$2\mathrm{.}2$However$,$ we need to examine our environment, and ask problematic questions such as$,$

$$whose law?$$ Obviously, it$$s the law of the dominant class in that society $($Study Guide, p$.$vii$)$

Which class does the South African law, including the Constitution, serve? Explain fully. $(3)$

QUESTION $3$

$3\mathrm{.}1$ Read the $$Lephepane Village$$ story on page $10$ of your Study Guide and use it as an anchor

for your explanation of the notion of $$praxis$.(5)$

$3\mathrm{.}2$ Refer to Kgalema Motlanthe$$s remarks $($see Learning Unit $2)$ in your Study Guide and do activity

$2\mathrm{.}2.(8)$

QUESTION $4$

$4\mathrm{.}1$ Read Text A and Text B $($see Activity $4\mathrm{.}5)$ on page $79$ of your Study Guide and critique the

notion of argumentum ad hominem. $(3)$

$4\mathrm{.}2$ With reference to the Attorneys Act $53$ of $1979$ and the Legal Practice Act $28$ of $2014$ determine

whether a legal practitioner can be both an attorney and an advocate. $(3)$

QUESTION $5$

Anton Lee approaches Son Attorneys, an attorney at law practising in the City of Madikizela$-$Mandela,

to assist him with his claim for damages resulting from his dispute with Mr Chen. The agreed

remuneration is as follows:

Every letter written R$115,50$

Every letter received R$77,25$

Drafting of summons R$1115,65$

Drafting of an affidavit R$88,50$ per page or any part thereof

Telephonic consultations R$129,50$ per $10$ minutes or any part thereof

Consultation R$967,00$ per $30$ minutes or any part thereof

Stamps R$7,25$ VAT excl

VAT @ $15\%$

During the past month the attorney rendered the following services:

Received $12$ letters

Wrote and posted $10$ letters

Drafted four affidavits: $1$ consisting of $1(1)/(2)$ pages, $1$ consisting of $2(1)/(2)$ pages and $2$ consisting of $5(1)/(2)$

pages each

Consulted thrice telephonically: first for $23$ minutes, second for $12(1)/(2)$ and later for $36$ minutes

Consultation twice: first for $33$ minutes and later for $2(1)/(2)$ hours

Instructed an advocate to draft a pleading. The Advocate charged R$2220,00$ VAT excl

He referred the client to Nomzamo Clinic in the City, to consult a specialist at a cost of R$3347,50$

VAT excl.

Draft Son Attorneys$$ comprehensive statement of account to Anton Lee. $(10)$

TOTAL $[40]$

Please complete and include the academic$-$honesty declaration in your assignment

submission. This declaration is available on the next page of this Assessment. This

declaration cannot be submitted separately after your submission has been

completed.

SCL$1501$ 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: $.......................................................................................$