ASSESSMENT FEEDBACK

GUIDELINES FOR ANSWERS TO ASSIGNMENT QUESTIONS

Year 2023
Semester SECOND SEMESTER
Module JURISPRUDENCE IN AN AFRICAN CONTEXT
Module code LJU500

1. DETAILS OF LECTURER

Lecturer Adv Thabo Napo

Office 101, The Village Square, c/o Oxford and Queen Streets, Durbanville, Western Cape, 7550

CPD Vorster – Director | S Totaram – Director | D Singh – Director | JJ Human – Director

Company registration number: 2004/031722/07

 2. GUIDELINES FOR ANSWERS TO ASSIGNMENT QUESTIONS

Question 1 [20]

1.1 According to Mbiti, how does kinship as a system of norms work?

Give practical examples where applicable. (8)
Aspect / Element Study
guide or
Marks
textbook
page
Students should be able to articulate the following: Chapter 2
of the
textbook pp
21-24
Be able to define a cardinal principle 1
Be able to mention the set of norms that regulate how people
6
behave
Be able to give practical example, like one family supports
1
another in planting

Total 8

1.2 Do you agree or disagree with John Austin (positivist) that Mbiti’s types of Kinship society were
without law?
Motivate your answer using a Legal positivism approach. (12)
Aspect / Element Study
guide or
Marks
textbook
page
The student should be able to explain the command theory by Chapter 2
John Austin: of the
textbook
pp 24-31
The student should be able to illustrate the four elements of the
command theory, being command, duty, sanction, habitual 4
obedience.
The student should be able to articulate arguments in flavour, or
against the statement that Mbiti’s types of Kinship society were 6
without law
The student should be able to tender their opinion on whether
they agree or disagree with John Austin. Clarity supported with 2
logic is the main criteria in assessing this opinion.

Total 12

2
 Question 2 [20]
Imagine you were a Judge during Apartheid, having to decide whether to enforce a statute that
forced black people to move out of a developed urban centre. How would you be inclined to rule,
and on what basis?
Critically discuss, in essay format, this statement. Be sure to include theories of procedural and
substantive naturalisms. Give examples and authority where applicable.
Aspect / Element Study
guide or
Marks
textbook
page
The student should be able to discuss the procedural and Chapter 3
substantive naturalism theories: of textbook
Pp 53-64
The student should be able to discuss Lon Fuller procedural
naturalism theory, i.e. a system is more legal, if it includes a 8
morality order within it.
The student should be able to discuss William Idowu substantive
naturalism theory, i.e. whether a norm counts as valid law 8
depends at least in part on whether it is morally sound.
The student should be able to tender their opinion on which
theory they support and by giving example and authority. Clarity
supported with logic is the main criteria in assessing this opinion. 4

Total 20

Question 3 [30]
3.1 If you were to act as a judge in a civil dispute, would you be able to stay objective? Motivate
your answer by referring to the Critical Race Theory (CRT). Give examples and authority.
(12)
Aspect / Element Study
guide or
Marks
textbook
page
The student should be able to discuss the Critical Race Theory Chapter 5
(CRT): of the
textbook pp
115-121
The student should articulate that CRT has focused largely on
8
race, particularly blackness,
The student should be able to tender their opinion, give example
and authority to their answer. Clarity supported with logic is the 4
main criteria in assessing this opinion.

Total 12

3
 3.2 Do you agree with Joel Modiri’s views on the decision of BoE Trust Limited NO and Another
(846/11) [2012] ZASCA 147 (28 September 2012). (18)

Aspect / Element Study

guide or
Marks
textbook
page
The student should be able to articulate Joe Modiri’s views on Chapter 5
the decision of BoE Trust Limited NO: of the
textbook
pp 116-121
The student should be able to give brief facts of the case, legal
questions and the decision taken. 8

The student should be able to discuss Joe Modiri’s views on the

decision taken by the court, i.e. that the common law must be 8
infused with constitutional values.
The student should be able to tender his/her opinion on the
judgement of Modiri’s views. Clarity supported with logic is the 2
main criteria in assessing this opinion.

Total 18

Question 4 [20]
Let us accept that the vast majority of Ugandans are firmly opposed to individuals being allowed to
express their sexual orientation through engaging in sexual intercourse with members of the same
sex. After analysing the statement, discuss Utilitarianism theory of law.
The question for the rule utilitarian would be whether a law that criminalises same-sex sexual
intercourse (and indeed increases the penalties for such behaviour) advances the overall
happiness?

Aspect / Element Study

guide or
Marks
textbook
page
The student should be able to discuss the Utilitarianism theory: Chapter 6
of the
textbook
Pp134-140
The student should be able to discuss utilitarian John Stuart Mill
10
and Jeremy Bentham.
The student should be able define concepts like act utilitarianism
6
and rule utilitarianism.
The student should be able to tender their opinion on
Utilitarianism theory of law, support it with examples and case
4
law. Clarity supported with logic is the main criteria in assessing
this opinion.
Total 20

4
 Question 5 (10)
Write an essay in which you outline the arguments for the death penalty and arguments against
the death penalty. Which one do you support, motivate your answer using applicable statutes and
case law.

Aspect / Element Study

guide or
Marks
textbook
page
The student should be able to discuss the arguments in flavour Chapter 10
or against the death penalty: of the
textbook
Pp 262-267
The student should be able to articulate arguments in flavour or
8
against the death penalty.
The student should be able to tender their opinion on whether
they are for or against the death penalty using applicable
2
statutes and case law. Clarity supported with logic is the main
criteria in assessing this opinion.

Total 10

ASSIGNMENT TOTAL: 100

1. CONCLUSION

I wish you good luck on the coming exams.

Regards
Adv. TW NAPO