STUDENT NUMBER: 67651364

UNIQUE ASSIGNMENT NUMBER :688461

STUDY UNIT:ILW 1501

FIRST SEMESTER:ASSIGNMENT 01

SETHO SHOKI MARTHA

QUESTION 1

1.1.Yes formal justice has been achieved because Solomon Dlamini `s complaint was heard by an
impartial person, the rules apply generally to all personnel and the rules with regard to promotions
within the cosmetic company are explicit.

Three basic requirements with which formal law has to comply ,

in order for formal justice to be achieved

 There must be explicit rules laid down to show how people must be treated in specific cases.

 The rules must apply generally. This means that the rules must apply to all people in the group
in the same circumstances.

 The rules must be applied impartially by legal institution .This basically means that the judge
may not be biased-he or she may not apply the rules unequally.

1.2. The content of the rules make them unjust as the content is unfair and discriminatory. Substantive
was therefore not achieved.

QUESTION 2

 Transformative constitutionalism –means that the constitution derives the process of social and
economic transformation by making provision for measures to address the injustices and
inequalities of the past.

Transformative justice-all the transformative measures taken to eradicate the social and economic
injustices of the past ,encapsulate (express)the theory of “restorative justice”. According to restorative
justice , reconciliation ,rather than retribution(punishment),is the focus in addressing the injustices of
the past dispensation.

REFERANCE TO THE TRASFORMATIVE ROLE OF THE 1993 (INTERIM) AND 1996(FINAL) CONSTITUTION:

The 1993 interim Constitution illustrated transformative role of the Constitution clearly by stating that it
(the 1993 Constitution)provides “a historic bridge between the past of a deeply divided society
characterised by strive, conflict, untold sufferings and injustice ,and a future founded on the recognition
of human rights ,democracy and peaceful co-existence and development opportunities for all South
Africans, irrespective of colour, race ,class, belief or sex”.

Although this metaphor(i.e. the image of the constitution as a “bridge” between the past and the
present)has not been included in the 1996 Constitution, it also appropriately describes the
transformative aim of the current Constitution and specifically the Bill of Rights in chapter 2.

QUESTION 3

False

 Two kinds of sources of law found in South African law

-Authoritative sources of South Africa.
-Persuasive sources of South African law.

 Differences between sources of South African law

-Authoritative sources have more weight and courts are bound by these sources (binding
authority in court ; create precedents)
-Persuasive sources are not binding in nature but can be taken into consideration when
applying legal rules and may lead a court to come to a specific conclusion(do not bind the
court;do not create precedents)

 African customary law belongs to the authoritative sources of South African law.

 Characteristics of African customary law

 -It differs on a tribal and territorial basis.
-It is a communal or group or group orientated system, in contrast with the more
individualistically orientated Western law.
-It is usually made up of unwritten customs that are passed on orally from generation to
generation.
-It mainly regulates the relationships between individuals, and not relationships between
individuals and the state.

 The application of customary law, section 211(3) of the final constitution places a duty
on the courts to apply customary law. It provides that the courts must apply customary
law when that law is applicable, subject to the constitution and any legislation that
specifically deals with customary law.

BIBLIOGRAPHY

Mahomed S Introduction to law:only study guide for ILW 1501(Unisa Pretoria 2019)