JUR 110 (2024) Study Guide
JUR 110 (2024) Study Guide
JUR 110 (2024) Study Guide
Department of Jurisprudence
Jurisprudence 110
JUR 110
2024
1. Statement of anti-discrimination
The University of Pretoria is committed to building an inclusive, affirming and transformed institutional
culture, curriculum and campus life. It rejects and condemns racism, sexism, homophobia, transphobia,
xenophobia, ethnic chauvinism, religious intolerance, unfair discrimination, hate speech, sexual harassment,
gender-based violence and retaliation, and all other forms of discrimination. The University has committed
itself to the eradication of these practices, and in 2019 adopted an Anti-Discrimination Policy, to realise
procedural and substantive equality in all respects.
As the lecturers and presenters of this course, we acknowledge the extreme harm that racism, sexism,
xenophobia and other forms of discrimination have inflicted and continue to inflict on our society and
communities. We commit to ensuring that there is an open dialogue between us and all the students in the
module on curriculum content and teaching method which may be interpreted as discriminatory or exclusive.
We undertake to ensure that any such concerns are raised without fear of intimidation or recrimination.
Moreover, we resolve to continuously improve the teaching of this course in a way that allows the inclusion
of all the students enrolled for this course, building their self-confidence and self-efficacy, and supporting
the ultimate goal of substantive equality for all persons.
The choices that we make about curriculum content and pedagogy (what and how we teach) are also choices
about what kind of society we wish to build. In this declaration of intent, we resolve to be part of and give
substance to the University’s anti-discrimination and transformation endeavours.
2. Introduction
2.1 Welcome
Welcome to Jurisprudence 110 (JUR 110). JUR 110 concerns itself with law and history, legal skills, and
foundational concepts in a post-1994 South African context. It aims to offer a basic introduction to the law
and to specific historical approaches to law, society, politics and culture in order to enable students to
examine problems in the South African legal and political context. As such, the course requires intensive
reading, writing, and most importantly - THINKING. JUR 110 demands a high level of commitment from you
to put in the hours, to utilise the tutorials and academic literacy opportunities, to read, understand and to
formulate your own informed opinion. If you are committed to the quest for knowledge, you will be
rewarded with new insights and perspectives and an anticipation for what the law can be and can do.
This module mainly focuses on reading, writing and formulating arguments and through this process, we
want students to start examining law’s role in constructing, perpetuating and addressing forms of social
exclusion and oppression based on race, sexuality, gender, class, and nationality among others. This course
understands legal education as an exercise in developing the capacity to think and act as an active,
thoughtful, democratically-minded and publically-oriented citizen. JUR 110 adopts a wider, more expansive
conception of law informed by approaches developed not only in law but also in history, philosophy,
literature, sociology, and economics. Time will be spent on examining law from a historical and critical
perspective. In other words, the development of law and jurisprudence will be traced and studied not only
in terms of a seamless progression over time but also in terms of cracks and tensions in traditions that have
shaped our past and present. This entails an introduction to approaches that read and think against the grain
and an uncovering of not only conventional meanings and approaches but also by bringing to light
alternative ones.
JUR 110 has both a theoretical and skills component and will encompass conceptual knowledge combined
with practical application. You will get the opportunity to test your skills through online MCQs and also to
establish your comprehension and writing abilities through assignments and tutorial essays.
3. Administrative information
We will aim to answer your emails within 24 hours. If you find that your email has not been answered within
48 hours, please email us again.
Please note that consultations are for discussing SPECIFIC queries and problems and not an opportunity to
receive an entire lecture. You may either consult in person or via email.
* Please see last page of this study guide on email etiquette. This document guides you on proper email
communication.
3.2 Timetable
There will be FIVE online multiple choice quizzes (MCQs) placed on ClickUP. These online quizzes will only be
available for a limited time and needs to be completed within the prescribed time and number of attempts.
We will make more information available as the semester progresses on the dates and scope for each of the
MCQs. The three best grades counts towards your semester mark.
There will be ONE compulsory semester test and ONE compulsory test.
The examination is compulsory.
3.4 ClickUP
Please consult ClickUP on your UP portal for JUR 110 continuously for information pertaining to this module.
Announcements, marks, study material and other important information will be placed on ClickUP. ClickUP
is the primary means of communication between the lecturers and the students so PLEASE ensure that you
visit the site regularly. Your study material will be uploaded on ClickUP and will be made available weekly.
All issues should be reported in writing, providing details of the complaint or issue.
i. The student should first consult the lecturer concerned about the complaint or issue.
ii. If the matter is, however not resolved, the student should consult the class representative (The
primary function of the class representative is to serve as a two-way communication channel
between the class and the lecturer.)
iii. If the matter remains unresolved the student should consult the module co-ordinator in the
case of large module classes with multiple lecturers.
iv. Where the co-ordinator is unable or fails to resolve the matter, the student should consult the
Head of Department.
v. Should the matter remain unresolved, the student may approach the Dean of the Faculty.
vi. Student matters should be resolved at Faculty level. However, should the above steps fail to
bring about a resolution, the student may refer the matter to the relevant member of the
Executive. In the case of an academic matter, it should be referred to the Vice-Principal:
Academic. Other matters may be referred to the Registrar or another relevant functionary.
vii. Only in exceptional cases, where no resolution has been reached through the above processes,
and as a last resort, the matter may be escalated to the Vice-Chancellor and Principal. The Vice-
Chancellor and Principal’s decision in any such matter will be final.
Kleyn D, Viljoen F, Zitzke E, Madi P Beginner’s Guide for law Students 5th edition (JUTA Claremont 2018).
This book is available from all the major academic bookshops and also in e-book format:
https://www.wizebooks.co.za/Get/9781485128342-beginners-guide-for-law-students
Supplementary reading material will be prescribed to students during the semester and will be placed on
ClickUP. Supplementary reading is still COMPULSORY reading and you will be assessed on it in the
assessments.
5. Module information
The objective of JUR 110 is to introduce beginner students to the law in the post-1994 South African context.
It presents an overview of the sources of law and introduces students to research, formulation of arguments,
and reading and writing skills that are required in the study of law. JUR 110 addresses two broad questions:
i. Where does the law come from and where do we find it? This question opens up the question
of the historical development and main sources of South African law.
ii. What is law and how does it work? This question opens the issue of how we define and
understand law, the meaning of law, theoretical approaches to law, and its relationship to other
systems and contexts.
Law studies form part of the cognitive (intellectual) domain. This domain is differentiated into different
levels, which are connected:
In all evaluations, these outcomes will be used to describe what the student is required to master after each
learning opportunity.
Over the course of this module students will critically engage with some of the following questions:
This module is not only an introduction to the foundations of all other modules in the LLB curriculum, but
also an essential opportunity to acquire and apply a critical approach to the law and legal instruments.
Students also get the opportunity to practice legal skills like finding, reading and summarising case law and
legislation.
To be successful in this module, students must be able to read with comprehension and to reflect on what
they have read in their own words. Students need to be committed to work consistently throughout the
semester.
The number of credits allocated to a module give an indication of the volume of learning required for the
completion of that module and is based on the concept of notional hours. Given that this module carries a
weighting of 15 credits, it follows that you should spend an average of 150 hours of study in total on the
module (1 credit = 10 notional hours). This includes time for lectures, assignments, projects, tests and exams.
This means that you should spend approximately 150 hours / 14 week= 11 hours per week.
5.6 Tutorials
Tutorials will be offered on a regular basis. More detail about the tutorials will be provided during the course
of the semester.
The academic literacy lectures will be presented every week. These lectures take place on Fridays. You will
be provided with a separate course outline for these lectures. The course outline will be posted on your JUR
110 clickUP site under the heading Academic Literacy.
6. Assessment
* Please consult the UP Portal for the date of the Semester Test and Examinations.
Five online MCQs of which the best three will count 30%
Semester test 35%
Test 2 35%
Online tests
The online MCQs will be placed on ClickUP for a limited time and must be completed within the prescribed
time. There are no SICK or supplementary online MCQs available - the best three of your five attempts will
count. We will provide information on the dates and scope for each of the MCQs as the semester progresses.
6.3 Examination
A minimum semester mark of at least 30% is required in order to be admitted to the examination in this
module.
6.4 Final mark
NOTE: A minimum mark of 40% in the examination is required in order to pass the module.
To be admitted to the supplementary exam you must obtain a final mark of 40-49%.
A student who, due to serious illness, is not able to write an examination, must within three days from the
date of the examination, hand in an original medical certificate/supporting document to the Student
Administration in the faculty in which they are registered. A student who is prevented from sitting
an examination may be granted permission by the Dean to write an extraordinary examination.
7. Plagiarism
Plagiarism is a serious form of academic misconduct. It involves both appropriating someone else’s work and
passing it off as one’s own work. Thus, you commit plagiarism when you present someone else's written or
creative work (words, images, ideas, opinions, discoveries, artwork, music, recordings, computer-generated
work, etc.) as your own. Only hand in your own original work. Indicate precisely and accurately when you
have used information provided by someone else. Referencing must be done in accordance with a
recognised system. Indicate whether you have downloaded information from the Internet. For more details
visit the following website:
http://www.library.up.ac.za/plagiarism/index.htm
8. Module Units
Themes:
What is the law?
The functions of law in society
The law and other social norms (morality, justice, community mores, and religion)
The law and certainty
Introduction to the sources of South African law
Study Material:
- Beginner’s Guide: Chapter 1 & pp 55-56 & 82-84
- Lecture Slides and any additional study material placed on ClickUp
Outcomes:
• Formulate a definition of what the law is by referring to the so-called characteristics of law.
• Distinguish between the social contract conceptions of Hobbes, Locke and Rawls.
• Formulate an African philosophical critique of the social contract.
• Explain where the rules of the law can be found by defining the various sources of South African
law.
• Briefly explain case law as a source of law.
• Distinguish between primary and secondary sources of law and explain the authoritative nature of
each.
• Critically evaluate the belief that the law can provide certainty.
• Distinguish between natural law and positivism.
• Understand and explain the difference between formal and substantive justice.
Themes:
From parliamentary sovereignty to constitutional democracy
The South African transition
The interim Constitution and the adoption of the Constitution of the Republic of South Africa, 1996
Constitutional supremacy, the rule of law, equality, and the separation of powers
Study Material:
- Introduction to Law & Legal Skills in South Africa: Chapter 2 (selected sections)
- Beginner’s Guide pp 56 -60 (3.1)
- Lecture Slides and any additional study material placed on ClickUp
Outcomes:
• Discuss the main characteristics of the apartheid legal order.
• Discuss the implications of the Native Land Act 27 of 1913 under apartheid rule. Discuss the
functions of the homelands under apartheid rule.
• Discuss the concept of parliamentary sovereignty and its functioning pre-1994.
• Shortly explain the main events leading up to the fall of apartheid.
• Discuss the purpose and operation of the interim Constitution.
• Explain the concepts of the rule of law and constitutional supremacy.
• Explain the concept of transitional justice.
• Explain the concepts of substantive equality and the ‘politicised’ rule of law.
• Explain the concepts of liberal democracy, the separation of powers and the counter-majoritarian
dilemma.
Themes:
The classification of the South African legal system
Study material:
- Beginner’s Guide : Chapter 4
- Lecture Slides and any additional study material placed on ClickUp
Outcomes:
• Explain the need for a basic classification of the law.
• Discuss the various subdivisions within each branch of the law.
• Identify particular branches of law in a factual scenario.
Themes:
External legal history, internal legal history and legal-historical frameworks
The Western roots of South African Law: An overview
Southern African Societies up to the Seventeenth Century
State Formation in Southern Africa, 1760-1840
Historical legal developments in South Africa: Common Law (1652-1910)
Apartheid law: 1948 – Constitutional democracy
Conquest, settler colonialism, democratisation and decolonisation
Study material:
- Beginner’s Guide : Chapter 2 (selected sections) (2.5)
- Introduction to Law & Legal Skills in South Africa: Chapter 3 (selected sections).
- Pampallis & Bailey A Brief History of South Africa: Selected pages.
- Lecture Slides and any additional study material placed on ClickUp
Outcomes:
• Define and explain the concepts of external legal history, internal legal history and legal-historical
frameworks.
• Create a timeline in order to demonstrate the history of Southern African society up to the 17th
century.
• Explain and discuss the Western roots of South African law by identifying six phases of historical
legal development up to 1910.
• Explain the main characteristics of apartheid law by referring to legislative examples.
• Discuss the legal implications of conquest and colonialism.
• Discuss the main features of colonialism in what later became South Africa.
• Discuss apartheid as the continuation of the settler colonial project.
• Explain the difference between the democratisation and decolonisation paradigms.
Themes:
The Constitution: Structures of Government
The Constitution: The Bill of Rights
Formal and substantive equality
Transformative Constitutionalism
Different theoretical approaches to analysing post-1994 Constitutionalism
Study material:
- Beginner’s Guide : Chapters 5 & 6
- Introduction to Law & Legal Skills in South Africa: pp 51-57.
- Smith A 'Equality constitutional adjudication in South Africa' (2014) 14 AHRJL 609-632.
- Lecture Slides and any additional study material placed on ClickUp.
Outcomes:
Governance --
• Explain the principle of the separation of powers.
• Explain the principle of co-operative government.
• Briefly explain the difference between a bill and legislation (final statute).
• Discuss how legislative authority is performed in South Africa (legislative authority at national,
provincial and local spheres; exclusive and concurrent provincial competence; ordinary bills
affecting & not affecting the provinces, bills that amend the Constitution).
• Explain the functioning of the executive authority in the national, provincial and local spheres.
• Discuss judicial authority with reference to section 165 of the Constitution.
• Provide a brief overview of the state institutions that support constitutional democracy.
Themes:
The legislative process
Legislation as the primary source of law
Contents of a statute
Citation of legislation
Study material:
- Beginner’s Guide : Chapter 3 (3.2 only)
- Lecture Slides and any additional study material placed on ClickUp
Outcomes:
• Explain what legislation is.
• Explain the legislative process.
• Discuss how legislation comes into force and when it stops having legal force.
• Distinguish between amendment and repeal of legislation.
• Understand and explain the different components of an Act/statute.
Themes:
The doctrine of judicial precedent
The hierarchy of courts
Case law citation
Structure and contents of a law report
Reading and summarising a case
Jurisdiction
Study material:
- Beginner’s Guide: Chapter 3 (3.3 only) & pp 320-328.
- Lecture Slides and any additional study material placed on ClickUp.
Outcomes:
• Define the doctrine of juridical precedent.
• Explain the application of the doctrine of judicial precedent with reference to the hierarchy of the
courts.
• Explain the application of the doctrine of judicial precedent with reference to the distinction
between ratio decidendi and obiter dicta.
• Distinguish between a majority judgment, a minority judgement, and a separate concurring
judgment.
• Discuss the advantages and disadvantages of judicial precedent.
• Understand how to cite case law.
• Understand the structure and content of law reports.
• Be able to read and summarise cases.
• Explain the hierarchy of the courts.
• Explain what jurisdiction means and discuss the three factors that determines a court’s
jurisdiction.
• Apply these factors to the various courts and identify which court(s) have jurisdiction in a specific
factual scenario.
• Describe the South African court structure.
Themes:
Custom as a source of law
Customary law as a source of law
The recognition of customary law, official and living customary law
Study material:
- Beginner’s Guide: Chapter 3 (3.5 & 3.6 only)
- Lecture Slides and any additional Study material placed on ClickUp
Case law:
Bhe v Magistrate, Khayelitsha 2005 (1) BCLR 1 (CC)
Shilubana and Others v Nwamitwa 2008 (9) BCLR 914 (CC)
Outcomes:
• Explain the difference between custom and customary law.
• Discuss the requirements for a custom to qualify as law with reference to Van Breda v Jacobs 1921
AD 330.
• Explain customary law as a source of law.
• Explain when customary law is applicable.
• Discuss the recognition of customary law under colonialism and apartheid.
• Differentiate between official and living customary law.
• Critically discuss the distorting effects of the official customary law rule of male primogeniture
with respect to intestate succession. Refer to the Bhe-case.
• With reference to the Shilubana-case, discuss the issue of the appropriate balance between a
community’s role in determining and developing indigenous law and the courts’ role in developing
customary law in line with the Constitution.
Study material:
- Beginner’s Guide: Chapter 3 (3.4 only)
- Lecture Slides and any additional Study material placed on ClickUp
Case law:
Carmichele v Minister of Safety and Security 2001 (10) BCLR 995 (CC)
Masiya v Director of Public Prosecutions and others 2007 (5) SA 30 (CC)
National Coalition for Gay and Lesbian Equality and another v Minister of Justice and others 1999 (1)
SA 6 (CC)
Khumalo and others v Holomisa 2002 (5) SA 401 (CC)
Outcomes:
• Understand the origins of common law as explained in Unit 4.
• Explain what ‘Roman-Dutch’ law refers to.
• Discuss the common law as a primary source of law with reference to sections 2, 8(3), 39(2) & (3),
and 173 of the Constitution.
• Read and summarise the prescribed cases and explain the significance of each of these cases as it
concerns the status of common law.
19 Feb – 23 Feb
26 Feb – 1 March
4 March – 8 March
11 March – 15 March
18 March – 22 March
• Tuesday 19 March – follow Thursday timetable
• Wednesday 20 March – follow Friday timetable
• 21 March – Public Holiday
2 April – 5 April
• 2 April - Public Holiday
8 April – 12 April
15 April – 19 April
Wednesday, 17 April – Semester Test
22 April – 26 April
29 April – 3 May
• 1 May – Public Holiday
• Thursday 2 May – follow Wednesday timetable
6 May – 10 May
Test 2 (Date to be announced)
13 May – 17 May
20 May – 24 May
27 May – 31 May
3 June – 7 June
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