SCL1501 ASSIGNMENT 1 UNIQUE CODE 871912 UNISA NAME: AGNES CHIKWAVAIRE ADDRESS: 16 MCLEAN CRESCENT MABELREIGN, HARARE ZIMBABWE STUDENT NO. 59364467 PROGRAMME: BACHELOR OF LAWS (LLB) 98680 MODULE: SKILLS FOR LAW STUDENTS MODULE CODE: SCL1501 ASSIGNMENT NO. 1 DUE DATE: 14 March 2016 UNIQUE NUMBER: 871912 MODULE LEADER: Mr KB Morota Page 1 of 11 AGNES CHIKWAVAIRE STUDENT NO. 59364467 SCL1501 ASSIGNMENT 1 UNIQUE CODE 871912 PART A: Question 1 a) Preamble My chosen act is the Consumer Protection Act 68 of 2008. A preamble is an introductory statement of the act which explains the act's purpose and underlying philosophy. In this case the purpose of the consumer protection act is to promote and advance the social and economic welfare of consumers in South Africa. The underlying philosophy being that the people of South Africa recognise that apartheid and discriminatory laws of the past have burdened the nation with unacceptably high levels of poverty, illiteracy and other forms of social and economic inequality; hence the law is there to protect those who have limited ability to read and comprehend advertisements, agreements, instructions, warnings etc. 1 b) Long title The long title of an act are the words in bold below the word ACT. The long title explains the purpose of the act. The long title of the consumer protection act explains the need for the existence of a legal framework for maintaining a fair, accessible and efficient marketplace for consumers; reducing the disadvantages experienced in accessing goods or services by vulnerable consumers; protecting consumers from unfair trade practices; encouraging responsible consumer behaviour; promoting consumer empowerment and providing an efficient system of redress for consumers.1 1 Consumer Protection Act, 2008 Page 2 of 11 AGNES CHIKWAVAIRE STUDENT NO. 59364467 SCL1501 c) ASSIGNMENT 1 UNIQUE CODE 871912 Date of effect The date of effect is the date on which the law becomes effective. An act can be effective on the day it is approved or published or on a date stated in the Act. The Consumer Protection Act 68 of 2008 came into effect for some sections 18 months after and other sections one year after the date the Act was signed by the President. Question 2 a) What type of a case is S v Makua 1993 (1) SACR 160 (T)? Explain why you say so? This is a criminal case because it is between the state and Makua. Criminal law applies when someone is found to have engaged in a conduct that disturbs or offends peace and harmony in society. The person would be said to have done something that is forbidden i.e. a crime. In this case Makua was accused of driving with an alcohol concentration in his blood which exceeded the permitted limit, thus he broke a law. b) The case S v Makua (1) SACR 160 (T) Makua was accused of driving a motor vehicle while the alcohol concentration in his blood exceeded the permissible limit as prescribed by law. This case was heard in the Transvaal Provincial Division (T) of the High Court. Goldstein J and Mahomed J held the office of judge. The matter was heard on 3 November 1992. Judgment was given on the same day on which the case was heard. The appellant Makua was found guilty. The conviction of the appellant is confirmed. Mahomed J handed down judgment and Goldstein J concurred. The sentence imposed by the magistrate was set aside and substituted by a fine of R1 000. In addition to the fine Page 3 of 11 AGNES CHIKWAVAIRE STUDENT NO. 59364467 SCL1501 ASSIGNMENT 1 UNIQUE CODE 871912 the accused was sentenced to six months' imprisonment, the whole of which was suspended for five years on the condition that the accused was not convicted of contravening s122 of the Road Traffic Act 29 of 1989, or any statutory substitution thereof, committed during the period of suspension. ln terms of s 55(b) of Act 29 of 1989 the accused's driving licence is cancelled Question 3 a) Praxis refers to the ability to apply knowledge in practical situations. In law studies, it is the ability to find the applicable legal rule and the ability to construct and sustain sound arguments. Praxis is about action and reflection. Every aspect of thinking or knowledge must be accompanied by action or application. Praxis has no place in banking education because banking education limits students to being mere banks were knowledge is just deposited only to be withdrawn at exam time. After the exam the student knowledge account is empty and they cannot refer back or recall this knowledge and cannot apply it in practical situations. b) Moss Mashamaite's statement goes to show that this man is not one who just accepts opinions at face value. He is able to interrogate the system. It one thing to be offered free education but he wants to know what type of education this is going to be. His mind-set goes along with Freire's views on education. Mashamaite's views are that education must add value. He doesn't believe in a free lunch. He is a person who believes that it is better to pay for value rather than get something for free that does not add any value. Yes, free education is welcome but what is the curriculum? Which publishing companies are going to benefits, where do these companies come from and to they have the interests of the African child at heart. Mashamaite like Freire does not believe in banking education. Page 4 of 11 AGNES CHIKWAVAIRE STUDENT NO. 59364467 SCL1501 ASSIGNMENT 1 UNIQUE CODE 871912 Question 4 Vava of Arvina-Jima Attorneys' comprehensive statement of account to Dlamini Services rendered Fees (R) (Vat excl) 11 Letters received 495,00 9 Letters written 675,00 13 pages affidavits 1001,00 Telephone consultation (71 minutes) 902.40 Consultation (123 min) 3640.80 Expenses (R) (Vat excl) Advocate's fee 1505,00 9 Stamps 51.75 Orthopaedic surgeon 4236.50 Subtotal 6714.20 5793.25 Add Vat 14% 939.99 811.06 Total 7654.19 6604.31 Grand total R14258.50 Page 5 of 11 AGNES CHIKWAVAIRE STUDENT NO. 59364467 SCL1501 ASSIGNMENT 1 UNIQUE CODE 871912 Question 5 Apportionment of damages Vava is 35% negligent which is 35/100 X R152000.00 = R52300.00 Dlamini is 20% negligent therefore 20/100 x (R389000-R105000) = R56800.00 It does not make sense for Dlamini to pay R56800.00 yet he also suffered a loss of R52300 hence Dlamini will pay Vava (56800-52300) = R3600.00 Dlamini will pay Vava R3600 Page 6 of 11 AGNES CHIKWAVAIRE STUDENT NO. 59364467 SCL1501 ASSIGNMENT 1 UNIQUE CODE 871912 Page 7 of 11 AGNES CHIKWAVAIRE STUDENT NO. 59364467 SCL1501 ASSIGNMENT 1 UNIQUE CODE 871912 Page 8 of 11 AGNES CHIKWAVAIRE STUDENT NO. 59364467 SCL1501 ASSIGNMENT 1 UNIQUE CODE 871912 Page 9 of 11 AGNES CHIKWAVAIRE STUDENT NO. 59364467 SCL1501 ASSIGNMENT 1 UNIQUE CODE 871912 Page 10 of 11 AGNES CHIKWAVAIRE STUDENT NO. 59364467 SCL1501 ASSIGNMENT 1 UNIQUE CODE 871912 Page 11 of 11 AGNES CHIKWAVAIRE STUDENT NO. 59364467