Gideon Matthews

Student Number: 36962325

HFL1501: ASSIGNMENT 02

UNIQUE NUMBER: 802910

QUESTION 1:

1.1 THE CONSTITUTION OF SOUTH AFRICA ACT 200 OF 1993

1.2 THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996

QUESTION 2:

2.1 As stipulated in the Section 38, Enforcement of rights of Chapter 2: The Bill of Rights, anyone has the
right to approach a competent court, alleging that a right in the Bill of Rights has been infringed, or
threatened, and the court may grant appropriate relief, including a declaration of rights.

2.2 The rights to use the car (ius utendi); the right to become the owner of the fruits that the thing
produced (ius fruendi); the right to alienate or destroy the thing (ius abutendi).

2.3 Family property; Household Property and Personal property

QUESTION 3:

3.1 (b)

3.2 There had to be agreement between the partners about the conclusion of the contract of
partnership, their common venture (the purpose of the partnership) and what contribution each of the
partners should make.

3.3 Yes, the introduction of the ethical element of contract is vital, the Constitution imposes a positive
duty on the state to “combat poverty and promote social welfare”. Including the enforcement of the Bill
of Rights in dealings between citizens themselves (when they conclude contracts with each other).

QUESTION 4:

4.1.1 True

4.1.2 True

4.2 In the case of iniuria the principal purpose for awarding damages is not to enrich the aggrieved party
but to offer him or her some much needed solatium (solace/comfort) for his or her injured feelings.

4.3 In the interest of Justice and in line with the convictions of South African society the court decided to
interpret and apply the rules on negligence in a way that will, in future, hold private security companies
liable for the losses of their clients, if they could have prevented the losses.
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 portfolio 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.

5. I am aware that marks can be deducted for poor/no referencing in this examination.

NAME: Gideon Matthews

ID NUMBER / PASSPORT NUMBER: 7803115138083

STUDENT NUMBER:36962325

DATE: 06/09/2019
BIBLIOGRAPHY:

CONSTITUTION OF SOUTH AFRICA, 1996

SECTION 38, CHAPTER 2: BILL OF RIGHTS

HISTORICAL FOUNDATIONS of SOUTH AFRICAN LAW: Only Study Guide for HFL1501 (UNISA Pretoria

2108)