Name : Aviwe

Surname : lungu
Student number : 16810600
Module code : HFL 1501
Question 1

1.1 The South African Law reform commission was established in 1973 .The job of the
commission was to investigate certain matters approved by the Minister of justice and
constitutional Development and referred to it by parliament , in each investigation the
commission considers the present legal position, the historical development of the matter
under consideration and then after extensive research, proposes changes to the law bring
it into line with the needs of the society .The proposed changes often take the form of a
draft bill which is the studied by parliament and if approved becomes law .
1.2
In 1804 French Civil law (private law ) was codified by napolien-the code civil
incorporated some of freedom gained by the people of France during French revolution
1789 ,including religious tolerance and abolition of slavery the code civil still forms the
basis of French civil law today it had enormous influence on legal system of many
European countries, such as Netherlands ,Italy ,Spain and Portugal

(b) Roman -Dutch law

Question 2

2.1 Reception refers to the willing absorption or adoption of the rules ,principles and institutions
of a legal system into an existing legal system. In other words the adoption of a legal community
that already has an existing legal system. Imposition meaning imposing legal system on a
territory that already has an existing legal system against the wishes of the local inhabitants.
Question 3
3.1 Making use of an interdisciplinary approach, by using the source materials of other
disciplines such as ethnography and archaeology by the critical analysis and comparison of
various oral accounts to substantiate .
3.2 Transkeian territories code was adopted in 1883 which formed part indigenous criminal law
of colony of the cape of good hope
3.3 The indigenous population attitude towards these policies did not change over the years
official law was largely ignored and unofficial law and institutions grew importance
3.4 The introduction of a new constitutional democracy brought about important changes in the
recognition and application of indigenous law. The Constitution of the Republic of South Africa,
1996 recognises indigenous law as one of the sources of South African law. Section 211(3) of the
Constitution 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.
Theoretically, this puts indigenous law in the same position as the Roman-Dutch common law. In
practice, the application of indigenous law is, therefore, subject to the Constitution and other
legislation that deals with indigenous law. The fact that indigenous law is subject to the
Constitution means, among others, that all indigenous law should be examined carefully in the
light of the equality clause and that many indigenous-law rules may be found to fall short of the
standards set in that clause. The fact that the application of indigenous law is subject to the
constitution further means that all constitutional protection of the right to a person's culture and
cultural practices will offer indigenous law more protection than the past.
Question 4
The common law as a source of South African law and, in several provisions, compels the courts
to develop the common law The common law is regarded as the historical component of our law.
But what exactly constitutes the common law of South Africa? In the courts and in academic
writing Roman-Dutch law is regarded as the common law, and its rules, precepts and Principles
are looked upon as the basis of the legal system. The common law has its Roots in both the
Roman- (civilian) and English common-law traditions and consists Mainly of Roman-Dutch law,
influenced by English common law, adapted over the Centuries by local legislation and judicial
precedent (case law).More importantly, the common law of South Africa is not an invariable,
unchangeable Element of the legal system. This common law is a living law, which is still
applied by Our courts and which is capable of adapting to the changing values of our society.
The Courts have shown that where the need arises, they are prepared to adapt or abolish the
Common law to suit the needs of a developed society and to conform to present-day
Constitutional principles. The court was doing what appellate courts ought to do it was molding
the common law accordingly to justice and good sense in accordance with modern requirements

4.2 Bhe and others v magistrate,khayelitsha and others ;shining v sithole and others;SA human
rights commission and another president of the republic of South Africa and another
Question 5
5.1 The personality principles applied, which meant that each person lived according to the law
of his or her own tribe therefore ,Roman subject in the Germanic kingdoms continued applying
in Roman law
5.2 The Alex Romana Visigothorum also known as the Breviarum Alarici it was proclaimed in
AD 506 and was applicable in the countries today known as Italy, France, and Spain the Justinian
codecwas completed some 30 years ago later in the eastern Roman empire.
The Alex Romana visigothorum played an important role in preserving Roman law in three west
after the fall of the Roman empire it was used by the Roman catholic church as of Roman law in
the west until the Revival of interest in the study of Roman law in the 12 century
Question 6
6.1 The khoi labourers and slaves rebelled against their employers or owners
(b) 1894 Mahatma Gadhi formed the natal Indian congress which aimed at resisting
discrimination against Indian traders in Natal.
 Reference

University of South Africa (2018) Historical foundation South African Law study guide,
Muckleneuk Pretoria (HFL 1501 2019- 2021)