IURI 377

LANGUAGE SKILLS IN THE

LEGAL CONTEXT III
NWU Faculty of Law

Semester 2 Portfolio

Name and surname: Oratile Gaonakala

Student number: 36674478
Qualification: LLB

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Final completion checklist:

Unit 5 Mark achieved

Homework: Downloading the portfolio template and N/A

completing your details on the cover page.

eFundi quiz (for marks).
Portfolio reflection activity as part of Unit 5. Incomplete reflection activities result
in penalisation

Unit 6 Mark achieved

Portfolio reflection activity on your topic. Incomplete reflection activities result
in penalisation

Portfolio activity for submission: topic scoring. 5

Portfolio activity for submission: mind-map. 12
Portfolio class activity: attached Appendix A Incomplete appendices result in
penalisation

Portfolio activity for submission: motivation. 6

Portfolio class activity: attached Appendix B. Incomplete appendices result in
penalisation

Portfolio activity for submission: research question. 5

Portfolio reflection on Unit 6. Incomplete reflection activities result
in penalisation

Unit 7 Mark achieved

Portfolio reflection activity on aim and objectives. Incomplete reflection activities result in
penalisation

Portfolio class activity: attached Appendix C. Incomplete appendices result in

penalisation

eFundi quiz for marks.

Portfolio activity for submission: Onion graph. 0
Portfolio reflection activity on premise, assumption Incomplete reflection activities result in
penalisation
and hypothesis.
Portfolio class activity: attached Appendix D. Incomplete appendices result in
penalisation

Portfolio activity for submission: framework. 7

Unit 8 Mark achieved
Portfolio activity for submission: relevance to research 16
unit.
Portfolio activity for submission: ethics checklist.
Portfolio activity for submission: title.
Check yourself (full draft): Appendix E. Incomplete appendices result in
penalisation

Portfolio completion.
Final reflection activity Incomplete reflection activities result in
penalisation

Grand total (out of 110):

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Final reflection activity
For your final reflection activity:
 Tell us about what you have learned.
 Do you feel more confident in your ability to write a proposal?
 Do you think your academic writing skills have improved?
 What do you think of the reflection activities – do you think they helped
you think about your writing and critical thinking skills?
 Offer us any last comment that you would like to bring our attention to.

For this final reflection, please write between 200-250 words.

I have learnt to how conduct, formulate and write a research proposal,

from finding the relevant topic to identifying the research problem and
writing the proposal itself. I have learned how to use both primary and
secondary sources effectively, and where to find the most reliable
information for my research. I feel much more confident in my ability to
write a well-structured and comprehensive research proposal, while my
academic writing skills aren't perfect, I feel that they have significantly
improved because of this research proposal. The reflection activities
have been an absolute important part of this proposal, as they have
forced me to critically evaluate my own writing and research skills. I think
they allowed me to write my opinions, they also helped to track my
understanding of the research proposal topic, to reflect on what I learned
on each step of writing the proposal and evaluate my own progress.
They have helped me identify areas where I can improve and given me
valuable feedback that has helped me grow as a researcher and writer.
I'd like to thank the facilitators/supervisors for including the reflection
activities as part of the proposal. They have been incredibly helpful and
beneficial to my learning.

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STUDY UNIT 5
BEGINNING WITH THE END

Portfolio reflection activity

In this space provided, make use of the following cues to write your reflection:
 Think about what your answer was to the question we asked you at the
start of this unit – “What do you think research is”. Now, type what you
think research is now in comparison to your initial idea.
 Also ask yourself if there are certain aspects about research that you
need clarity on.
 If so, make note of these questions and ask your lecturer in the next
class or even via email.
 Finally, make note on whether or not you think you now have a better
understanding of what research entails.
You are not limited to the amount of words here, but please write a minimum of
120 words for this reflection.
I have always thought research involves a collection of information and
data from various sources for the sole reason of having a broader
understanding of the topic or idea you are researching about. However
my understanding of research has now improved, I understand that
research it is not just about gathering of information but an ongoing
process of investigating of a certain topic or idea, it involves identifying
the problem, finding the gaps, it requires one to critically analyse the
subject in question, by identifying the facts and opinions from various
academic sources in order to fill in those gaps or finding the solution or
answers of the topic in question.

Before you continue to the next unit:

Item Completed (tick if yes)
Homework: Downloading the portfolio template 
and completing your details on the cover page.
Pre-reflection activity (in class). 
eFundi quiz (for marks). 
Portfolio reflection activity (pg.3) as part of Unit 5. 

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STUDY UNIT 6
PICK YOUR TOPIC

Portfolio reflection activity

In this space provided, reflect on your original topic that you came up with at
the beginning of this unit. Make use of the cues below:
 Your original topic.
 Evaluate your original topic based on all you have learned about topics
up to now.
 Do you think that you now have a better idea of what a topic is?
 How will your new knowledge on choosing a topic guide you in
improving/choosing a topic?
Please write a reflection of at least 120 words.
The impact of looting on the right to property under the South African
Constitution is the original topic for my mini dissertation. What I have
learned about a research topic is that they should be focused on things
such as your area of interest on the topic, discipline etc, I can also easily
gather information based on my area of interest including both secondary
and primary sources, according to my knowledge and what I have read I
would say I have a better idea of what a topic is for instance it a subject
or area that a mini dissertation or research is focused on. knowing what
a topic is and how to support your topic from different types of readings
enhances my knowledge in picking the rightful topic for my dissertation.

Individual portfolio activity (topic scoring) for submission [5]

Complete the topic scoring sheet based on your highest-scoring topic.
Remember, this will be the topic on which you will base the rest of your work
on for this semester.

Chosen topic: The impact of looting on the right to property under the South
African Constitution.
Criterion Points Maximum
Problem/thesis statement potential 35 50
Focused 18 25
Ease of data gathering 18 25
Secondary literature 15 20
Mastery of methods 15 20

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 Supervisor support 16 20
Time to completion 10 15
Your strengths 10 15
Your interests 10 10
Total 137/ 200

You will also be required to submit this portfolio task under “Assignments” as
PDF for which you will get a mark contributing to your overall portfolio mark,
and whether or not your lecturer approves of your topic.

Individual portfolio activity (mind-map) for submission [25]

The elements that you need to include in your mind-map are as follows:
 Topic
 General broad overview that contextualises your topic
 First focused background sub-section (using sources)
 Second focused background sub-section (using sources)
 The gap that you identify based on the discussions in your focused
background sub-sections (your research problem)
 Problem statement (your research problem in a nutshell)

How to submit your mind-map:

On page 6, there is a blank page for you to complete the final version of your
mind-map (you are more than welcome to do rough drafts in your notebook
etc.). We suggest that you complete the mind-map by hand and then take a
picture and embed that picture in page 6. We will provide a video on eFundi on
how to do this if you are unsure.

Once you are done, submit page 6 as a PDF containing your mind-map (and
rubric) on eFundi via “Assignments”. You will receive a mark for this portfolio
task so please make sure that you make use of the rubric to guide your efforts.

Note: You will be using this mind-map to base your actual written background
(to the problem) sub-section in class.

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Mind-map

Criteria: Mark awarded

Topic: Chosen topic has been included
Broad overview: General context is clear /5
First focused sub-section outlined with sources /5
Second focused sub-section outlined with sources /5
Logical gap has been identified /5
Brief problem statement logically flows from above content /5

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Background section (class work): Appendix A of portfolio
The final draft of your background sub-section needs to be attached as
Appendix A. The suggested length is approximately 2-3 pages.

Individual portfolio activity (motivation) for submission [15]

Complete the table below where you address each of the points listed.

Question
What exactly is the problem?
Why is it a problem?
What facets are there to it?
What has been done to address it
before, if anything, and why was
that not satisfactory?
Why is it important for you to
investigate the problem?
My response
Impacts of looting for property
owners, includes, financial loss due
to damage to infrastructure and theft,
the psychological stress, and
traumas, which infringes their
constitutional right to use, enjoy and
dispose it as they wish.
It causes injustice to property
owners. looters often get away with
committing a crime of theft and
looting, property owners suffer the
most because of looting
Loss of property, and financial value
which causes harm to business
owners, disruptions of normal
business operation and loss of
income, negative impact on the
economy of local communities
through, job losses, increased taxes
Law enforcement and security have
been put on high alert, with extra
patrols, cameras, and fines for
looting. Victims of looting are getting
money or compensation, but it's not
always enough. There aren't enough
programs in place to help offenders
get back on their feet, which could
encourage them to do it again
The impact can be used as a starting
point for policy and legal
considerations, such as preventing
looting and enhancing property
rights. Examining the impact can
uncover systemic inequalities and
inequalities that can lead to looting,
including poverty, discrimination, and
police brutality

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 What contribution could you make Providing a platform for people to
by investigating the problem? discuss and share their experiences
with looting, to increase awareness
and understanding

Submit your answers to these questions, as a PDF, onto eFundi via

“Assignments”. You will receive a mark for this portfolio activity.

Motivation section (class work): Appendix B of portfolio

The final draft of your motivation sub-section needs to be attached as Appendix
B in your portfolio template. The suggested length is approximately 2-3 pages.

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Individual portfolio activity (research question) [5]
In the space provided, type out your research question. Then, evaluate your
research question by using each of the criteria set out in the table below and
award yourself a mark out of 5.

My research question:
What role do the courts play in protecting property rights from looting in
South Africa.

Focused on a single problem

Researchable using available resources
Feasible to answer
Specific enough to answer properly
Complex enough to base a mini-
dissertation on
[enter your mark out of 5 here].
Relevant to your field of study

You will submit your research question and your evaluation thereof via
“Assignments” on eFundi as a PDF. You will be awarded a mark for the
completion of this task.

.Portfolio reflection activity

Once you have submitted your research question, take a moment to reflect on
all that you have covered in this unit. In the space provided use the following
cues to write your reflection:
 How you feel about all the work that you have completed in this unit.
 Do you think that your problem statement is well-structured?
 Do you think that you have met all the requirements for the background,
motivation and research question sections?
 Where do you think your strengths lie?
 Are there any specific areas where you feel you need more clarity and
if so, what are they?
 If you need help, what is your plan in order to improve on those areas?
 Finally, are you excited to contribute new knowledge in the field of Law?
Please write a reflection of at least 200 words.

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Before you continue to the next unit:
Item Completed (tick if yes)
Portfolio reflection activity on your topic. 
Portfolio activity for submission: topic scoring. 
Portfolio activity for submission: mind-map. 
Portfolio class activity: attached Appendix A 
Portfolio activity for submission: motivation. 
Portfolio class activity: attached Appendix B. 
Portfolio activity for submission: research question. 
Portfolio reflection on Unit 6. 

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STUDY UNIT 7
TELL ME MORE

Portfolio activity (aim and objectives) for submission [15]

Complete the table below dealing with your aim and objectives:

What role do the courts play in protecting property rights from looting in South
Africa
Aim of answering research question:
To assess the extent which South African court system effectively protects
property rights in the context of looting.
Objectives that need to be fulfilled in order to answer research question:
1. Evaluate court decisions related to property rights and looting.
2. Identify challenges faced by courts in protecting property rights from
looting.
3. Assess the impact of court decisions on deterring looting and
safeguarding property rights.
4. Evaluate the laws and regulations in South Africa that relate to
property rights and looting, to understand the current legal framework
and identify any issues.

Justification of objectives:
1. Court decisions play a significant role in protecting property rights,
and assessing these decisions can help identify strengths and
weaknesses in the current legal framework and assess how these
laws are interpretated and applied.
2. Understanding the challenges faced by the courts can help to develop
solutions and improve the protection of property rights.
3. Evaluating the impact of court decisions can help to determine the
effectiveness of the legal system in deterring looting and
safeguarding property rights. It can provide evidence-based insights
into the success or failure of current practices and can help identify
areas for improvement.
4. It is essential to understand the legal framework for property rights
and looting because it provides the basis for how these rights are
protected in South Africa. By establishing the legal context, this
objective provides a solid foundation for examining the role of courts
in this area.

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 Once you have submitted and you have noted the feedback that you have
received, turn your table into a narrative (written piece) of about ½ to one page
and attach it to your portfolio as Appendix C.

Name and surname of peer-assessor: [Bongani Mazibuko]

Aim
4-5 (excellent)
The answer to the research
question and will achieve the
detailed aim provided.
Mark awarded by peer-evaluator
4-5 (excellent)
The objectives are detailed and
will clearly achieve the aim and
comprehensively answer the
research question.
Mark awarded by peer-evaluator
4-5 (excellent)
Each objectives has been
clearly justified in detail.
Mark awarded by peer-evaluator
2-3 (satisfactory)
The answer to the research
question will achieve the basic
aim provided.
for aim: [type mark here].
Objectives
2-3 (satisfactory)
The objectives are aligned with
the research aim and will
answer the research question.
for objectives: [type mark here].
Justification of objectives
2-3 (satisfactory)
Each objective has been
justified.
for justification of objectives: [type mark here].
0-1 (not achieved)
The answer to the research
question will not achieve the
aim.
0-1 (not achieved)
The objectives will not achieve
the aim, thereby, the research
question will not be answered.
0-1 (not achieved)
The objectives are not justified.

Total: [type total out of 15 here] Feedback: [Research question clear and the facts in the aim,
objectives and the justification slightly in short of explanation
that shows why the research question is a problem that needs to
be addressed]

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Portfolio activity (premise, assumption, hypothesis) for submission [15]
Complete the onion graph below by using the cues provided.

[SA`s legal system is capable to

effectively protect the property
rights from the impact of
looting]

[Looting has become a huge

problem in SA, Property owners
are the most impacted by this
looting.]

[If the legal system of south

africa were to take more
effective measure in ensuring
propertys owners rights were
protected, then there would be
a decreaseof looting. ]

as a result, without effective

measures put in place as well as
inadequate protection of
property rights to deter and
address the impact of looting,
property owners will continue
to be at risk and trust in the
legal system will be lost

Then in the space below type your:

 Premise
 Assumption
 Hypothesis
Your written part should not exceed 500 words.
Premises:
Looting is a widespread problem in South Africa, and it has a significant impact
on the right to property under the South African Constitution. There have been
numerous reports of looting and theft of property across the country, and this
has had a devastating effect on the property rights of individuals and
businesses. The impact of looting on property rights can be seen in the
economic, social and psychological consequences it has on those affected.
Assumption:
It is assumed that the court system in South Africa is capable of effectively
protecting property rights from the impact of looting, as it has the necessary
legal and judicial mechanisms in place to address this issue. The South African
Constitution protects the right to property, and the courts have the power to
enforce this right. Additionally, the court system has the ability to issue
injunctions and other orders to prevent or stop acts of looting. Furthermore, the
courts can award damages to victims of looting and impose criminal penalties
on perpetrators. However, there is a possibility that the court
system may not have.
Hypothesis:
If the court system in South Africa were to take more proactive and effective
measures to protect property rights from the impact of looting, such as
increased law enforcement, harsher punishments for perpetrators, and
increased education and awareness about the impact of looting, then the

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 incidence of looting would decrease. By increasing the deterrents and
consequences of looting, and by educating the public about its negative effects,
it is possible to reduce the occurrence of this crime and protect property rights
in South Africa.

Please submit your activity via “Assignments” as a PDF – you will be awarded a
mark for this activity.

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Portfolio reflection activity
Once you have submitted your premise, assumption and hypothesis activity,
complete the portfolio reflection activity by reflecting on:
 How well you think you did with the above activity.
 Also reflect on how well you think your premise, assumption and
hypothesis fits in with your research question and your problem
statement.
 If you think you need to improve or need support, note how you plan on
getting the support you need.
Please write a minimum of 120 words for this reflection.

Method section (class work): Appendix D of portfolio

For the next week, you will be writing your method section according to the
criteria that we have discussed in class and on the method section that we have
analysed. Your method section should not exceed a page. Your lecturer will
facilitate and guide the writing process in class. If you have any questions,
please ask.
You also need to attach your final version of the method as Appendix D in your
portfolio.

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Portfolio activity (framework) for submission [10]
Complete the table below that reflects your main areas of discussion in your
problem statement section and then have your matching chapter framework
(i.e., give your chapter titles and sub-titles) to go along with it. Note that you do
not need to complete anything for chapters 4 and 5 as they have a different
purpose (as briefly mentioned).
Important concept 1 from problem Title of chapter:
statement: The history and context of looting in SA
[Type concept 1 here] Sub-sections:
Constitutional framework
Historical development of property rights
Contemporary Property Rights in South
Africa
Important concept 2 from problem Title of chapter:
statement: Impact of looting on human rights and
[Type concept 2 here] freedoms
Sub-sections:
The Bill of Rights in South Africa
Looting and Civil Liberties
Legal Framework and Human Rights
Implications
Chapter 4 Your discussion based on the above two
chapters with the view of achieving your
objectives, achieving your aim, and
answering your research question.
Chapter 5 The conclusion chapter where you revisit
your Chapter 1 (the proposal); review how
you have answered your research question;
what final conclusions you make; possible
recommendations etc; suggestions for future
research.

You will need to submit this portfolio activity via “Assignments” as a PDF for
which you will get a mark.

Before you continue to the next unit:

Item Completed (tick if yes)
Portfolio reflection activity on aim and objectives. 
eFundi quiz for marks. 
Portfolio activity for submission: Onion graph. 
Portfolio reflection activity on premise, assumption 
and hypothesis.
Portfolio class activity: attached Appendix D. 
Portfolio activity for submission: framework. 

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STUDY UNIT 8
PUTTING IT ALL TOGETHER

Portfolio activity (relevance for research unit) for submission [10]

Access the link provided and make notes on the following in your note-books:
 Note which sub-project your research falls under.
 Paraphrase the description of the research unit that you think is
applicable.
 Write a short paragraph motivating how and why your research fits into
the sub-project that you have chosen.
 Write a sentence about the contribution your research will make to the
sub-project.
Combine all the above points in a single, well-structured paragraph and submit
it and the rubric via “Assignments” as a PDF for which you will get a mark.

Relevance for research unit paragraph:

The research project falls under the sub-project "Justice in Practice"
within the Faculty's Research Unit Law, Justice, and Sustainability. The
Justice in Practice project focuses its research efforts on the practical
implications of legal frameworks on society. The project focuses on
exploring the connection, between law and justice with an emphasis on
legal areas such as personality rights etc. This research project is highly
relevant to the "Justice in Practice" sub project because it directly
examines how looting affects property owners. It brings attention to the
financial loss, infrastructure damage and violation of constitutional
property rights that they experience. By investigating the role of courts
in protecting property rights, we are striving towards achieving justice in
practice by addressing the injustices faced by property owners because
of looting. Additionally, the research explores systemic inequalities such
as poverty and discrimination that contribute to looting, aligning with the
sub project's goal of promoting justice in practical terms. Moreover, this
project serves as a platform for discussing and sharing personal
experiences related to looting, ultimately raising awareness, and
fostering a deeper understanding of this issue. This research study
contributes to the "Justice in Practice" sub project by identifying and
tackling the unfairness associated with looting and property rights.
Additionally, it aims to offer remedies to alleviate these inequalities and
raise awareness about this matter. In essence this research project
aligns, with the sub-project’s objective of fostering justice within society.

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Rubric Mark awarded
per category
Identification of sub-project (2)
Paraphrased sub-project description (3)
Motivation of how and why research fits into afore-mentioned
sub-project (3)
Contribution research will make to sub-project (2)
Total: /10

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Portfolio activity (ethics checklist) for submission [5]
Complete the ethics checklist below concerning your study:

Yes

No
Does the study involve human participants? 
Does the study use existing data set or biological 
samples of human participants?
Does the study involve animals? 
Does the study involve existing data set or biological 
samples of animals?
Does the study have a potential risk for a negative 
environmental impact?
Does the study pose a risk to the researcher? 
Does the study pose a risk to the name of the NWU? 

Submit your checklist via “Assignments” as a PDF. You will receive a

completion mark for this activity.

Portfolio activity [5]

In the space provided, type out your title. Then, have a peer assess you and
give you a mark out of 5; and give you some feedback on your title.

My Title:
Unpacking the Effects of Looting on Property Rights in South Africa.

Name and surname of peer-assessor: [type here]

Brief and concise
Informative
Honest and realistic
[enter mark out of 5 here].
Eloquent and correct
Brief feedback from peer-assessor: [type some feedback here].

You will submit your research question and your evaluation thereof via
“Assignments” on eFundi as a PDF.

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Check yourself
Complete the proposal checklist and compile your proposal.
When done, attach your full draft proposal as Appendix E.

Proposal section Inserted in the same

order
Title  
Keywords  
Problem statement  
o Background
o Motivation
o Research question

Research aim and objectives  

Premises, assumptions, and  
hypotheses
Research method(s)  
Framework  
Relevance for the Research Unit  
Statement regarding ethics  
Reference list  
Style requirements and editing  
Adhered to Faculty of Law style  
requirements
Footnotes complete  
Reference list complete  

Portfolio completion activity

Complete the checklist on pg.2 of your portfolio along with all your marks and
the grand total.
Finally, complete the final reflection activity where you reflect on all that you
have done this semester (pg.2).

Now that you have completed all that you needed to submit your complete
portfolio (converted to PDF) via “Assignments”.

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Before you celebrate:
Item Completed (tick if yes)
Portfolio activity for submission: relevance to research 
unit.
Portfolio activity for submission: ethics checklist. 
Portfolio activity for submission: title. 
Check yourself: Appendix E (pg.17). 
Portfolio completion (pg.17). 

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Appendix A: Background (full draft)
The protection of property rights is a cornerstone of any democratic society, and South
Africa is no exception. However, the country's history of apartheid and its transition
to a democratic nation in 1994 has had a profound impact on the evolution of property
rights in the country. Before 1994, property rights in South Africa were highly
discriminatory, and they were only afforded to a small minority of the population. With
the adoption of the South African Constitution in 1996, property rights were
guaranteed for all, regardless of race, gender, or socioeconomic status. However, the
protection of property rights has been challenged in recent years, particularly in the
face of widespread looting and unrest.

In recent years, South Africa has experienced several protests and civil unrest,
sometimes escalating to large-scale looting. These incidents of civil unrest, looting and
riots are sparked by a variety of grievances, including economic inequality, social
inequality, and political issues. Such events have had a significant impact on property
rights, as businesses, private property and public infrastructure are often damaged or
destroyed during these episodes.

The Constitution of South Africa, guarantees a broad range of fundamental rights and
freedoms, including the right to property, as outlined in Section 25, which states that
“No one may be deprived of property except in terms of law of general application,
and no law may permit arbitrary deprivation of property.” However, recent events in
the country, such as the unrest and violence of 2021, have put this right, as well as
many others, to the test. These events have called into question the effectiveness of
the Constitution in upholding the rights of citizens.

The most famous case of looting in South Africa occurred in July 2021, when protests
the imprisonment of former president Jacob Zuma turned violent, leading to
widespread looting and destruction of businesses. The impact of such incidents on
property rights raises questions about the effectiveness of the legal system in
protecting those rights in the event of public disturbance.

The destructive and widespread looting in 2021, which targeted businesses and
properties in KwaZulu-Natal and Gauteng provinces, represents a fundamental

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violation of the right to property under the South African Constitution. It has led to
significant losses for businesses, property owners, and ordinary citizens, who have
faced difficult circumstances in seeking recovery and compensation. The events raise
questions about the state's duty to protect the fundamental rights of its citizens, and
the limits of its capacity to uphold these rights in the face of such devastating incidents

the violent incidents of unrest and looting have affected more than just the right to
property as defined in Section 25. Other rights of property owners under the Bill of
Rights, such as the right to safety and security, and the right to seek legal remedies,
have also been compromised. Property owners and their families have been put at
risk during these incidents, leaving them feeling unsafe and insecure. As a result, the
impact of the unrest extends beyond the loss of property to broader infringements on
fundamental rights.

Considering the constitutional protections for property rights, it is essential to assess

the impact of incidents of unrest and looting on the legal and social framework for
property rights in South Africa.

This research seeks to address gaps in knowledge and understanding of the economic,
social, and legal implications of such events on property rights, while also exploring
potential ways to improve the legal and policy frameworks for property rights
protection. The goal is to identify concrete recommendations for legal and policy
reforms that can safeguard property rights in the long term.

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Appendix B: Motivation (full draft)
In South Africa, property rights are not merely a matter of legal protection; they are
a key component of the country's transition to democracy and its broader historical,
economic, and social development. The current constitutional framework, which was
established after the end of apartheid, is built on a commitment to ensuring a more
just society for all, in which property rights play a significant role. The Bill of Rights,
the foundational document of the South African Constitution, highlights the
importance of property rights and their link to economic development, social stability,
and individual liberty.

The devastating events of 2021, when a wave of violence and looting erupted in
KwaZulu Natal and Gauteng, have brought into sharp focus the fragility of property
rights in South Africa and the urgent need to understand the legal, social, and
economic implications of such incidents. These events not only destroyed businesses
and properties, but also brought into question the ability of the legal system and the
state to protect the rights of its citizens in times of crisis. The research is motivated
by a desire to understand and address these challenges, to strengthen the protection
of property rights for all South Africans.

The research aims to explore the impact of the 2021 looting spree on property rights
in South Africa, not only in terms of the legal protection afforded by Section 25, but
also in relation to other rights enshrined in the Bill of Rights, including those related
to security, safety, and legal remedy. The research seeks to gain a holistic
understanding of the impact of these events, going beyond the immediate economic
consequences to the broader implications for social cohesion and the stability of South
Africa's constitutional order.

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Appendix C: Aim and objectives (full draft)
Aim of answering research question

To assess the extent which South African court system effectively protects property
rights in the context of looting.

Objectives that need to be fulfilled to answer research question:

Evaluate court decisions related to property rights and looting. Identify challenges
faced by courts in protecting property rights from looting. Assess the impact of court
decisions on deterring looting and safeguarding property rights. Evaluate the laws and
regulations in South Africa that relate to property rights and looting, to understand
the current legal framework and identify any issues.

Justification of objectives
Court decisions play a significant role in protecting property rights, and assessing these
decisions can help identify strengths and weaknesses in the current legal framework
and assess how these laws are interpretated and applied. Understanding the
challenges faced by the courts can help to develop solutions and improve the
protection of property rights. Evaluating the impact of court decisions can help to
determine the effectiveness of the legal system in deterring looting and safeguarding
property rights. It can provide evidence-based insights into the success or failure of
current practices and can help identify areas for improvement. It is essential to
understand the legal framework for property rights and looting because it provides
the basis for how these rights are protected in South Africa. By establishing the legal
context, this objective provides a solid foundation for examining the role of courts in
this area.

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Appendix D: Methodology
The research will employ a mixed-methods approach, incorporating both qualitative
and quantitative methods. The qualitative methods will include a review of the
literature on property rights in South Africa, as well as an analysis of legal cases and
case studies related to the 2021 looting. The quantitative methods will include data
analysis of relevant statistics on property crime, economic impact, and social
cohesion. This combination of methods will help to provide a more comprehensive
and nuanced understanding of the impact of the looting events on property rights.

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Appendix E: Full draft

The impact of looting on the right to property under the South African
Constitution.

Research proposal submitted as partial fulfilment of the mini-dissertation.

O GAONAKALA
36674478

Supervisor: Ms M Ntatamala
Date of Submission: 7 NOVEMBER 2023

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 Table of Contents
Heading Page
Title …………………………………………………………………………..
Keywords…………………………………………………………………….
Problem statement ………………………………………………………..
Background…………………………………………………………………
Motivation……………………………………………………………………
Research Question…………………………………………………………
Research aims and objectives…………………………………………..
Premises, assumptions and hypotheses……………………………….
Research method(s)…………………………………………………………
Framework…………………………………………………………………….
Relevance for the Research Unit…………………………………………
Statement regarding ethics………………………………………………..
Reference list…………………………………………………………………….

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