STUDENT NUMBER: 65152999

MODULE NAME: CML1501

MODULE CODE: 615911

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 DECLARATION OF OWN WORK
I, Thabo Mogotlane confirm that:

 this MODULE contains my own, original ideas and work

 those ideas, or work, that are not my own, have been cited through
the prescribed referencing system which I have
familiarised myself with in Tutorial Letter CMNALL/E/301

 I have not submitted the ideas or work contained in this MODULE for
any other tertiary education credit

 I have read the University’s Policy of Research Ethics

 I have read and understood the PLAGIARISM POWERPOINT FOR
UNDER- GRADUATE STUDIES (available under “Additional
Sources” on myUnisa)
I have familiarised myself with the library guides ON PLAGIARISM
AND ETHICS offered by Unisa’s library:
[Link]
TABLE OF CONTENTS
 I have read and understood Unisa’s Policy for Copyright
Infringement and Plagiarism, and I am aware that plagiarism is
1. Introduction___________________________________________ 3
punishable in terms of the Copyright Act 98 of 1978 and I have read
the regulations of the University of South Africa in this respect,
available online:
[Link]
0admission/Docum
ents/Policy_copyright_infringement_plagiarism_16November2005.pdf

65152999

STUDENT NUMBER

30 April 2024

SIGNATURE DATE

Martha Mogotlane 30 April 2024

WITNESS DATE

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 Table Of Content

1. Introduction_________________________________________________
4

2. Delict and Damages_______________________________________ 6

2.1. Fault in Delict: Intention and Negligence ___________________ 6

2.2. Meaning of Damage in Delict___________________________ 6

2.3. Understanding Damages in Delict_________________________ 6

3. Criminal procedure________________________________________ 7

3.1. Right Against Self-Incrimination___________________________7

3.2. Journalists' Obligations against imprisonment_________________

7

3.3. Criminal Procedure Act Compatibility with Constitution________ 7

4. Business Practices and Claims________________________________

8

4.1. Meaning “Claim of False Disparagement”______________________

8

4.2. Meaning “Claim of Passing Off”____________________________

8

4.3. Contravention of Consumer Affairs Act: Unfair Business

Practices________________________________________________ 8

5. Copyright Protection_______________________________________9

5.1. Eligibility for Copyright Protection___________________________

9

5.2. Categories of Works Protected____________________________9

5.3. Protection of Creations__________________________________9

6. Contempt Proceedings_____________________________________10

6.1. Contempt of Court________________________________________ 10

6.2. Contempt in Facie Curiae__________________________________ 10

6.3. Commencement of Criminal Cases__________________________ 10

6.4. Trade Coupon Constitution_________________________________ 10

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7. Conclusion_______________________________________________11

Sources Consulted___________________________________________12

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Introduction

In today's rapidly evolving legal landscape, understanding key concepts and

principles is essential for navigating complex legal issues. From intellectual
property rights to criminal procedure, the intricacies of law shape various
aspects of society and commerce. This discussion delves into fundamental
legal concepts, including copyright protection, contempt of court, and
deceptive business practices, elucidating their significance and implications
within the legal framework. By exploring these topics, we gain insights into the
principles that underpin the rule of law and uphold justice in diverse contexts.

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Question 1: Delict and Damages

(a) In delict, the element of fault can manifest either as intention or negligence.
Intention refers to the deliberate action or purposeful conduct that results in
harm to another party. Negligence, on the other hand, involves the failure to
exercise reasonable care, leading to foreseeable harm. In the case of intention,
the person acts with the aim of causing harm, while in negligence, the harm is
caused due to a lack of reasonable care. For example, in the case of
Donoghue v Stevenson (1932), negligence was evident when a manufacturer
failed to ensure the safety of its product, resulting in harm to the consumer.

(b) "Damage" in delict refers to the harm or loss suffered by the plaintiff as a
result of the defendant's wrongful act. This harm can be physical, emotional, or
financial. Case law provides examples of damage in various contexts, such as
personal injury cases where physical harm is inflicted, or in cases of
defamation where the plaintiff suffers harm to their reputation. For instance, in
the case of Wilkinson v Downton (1897), the defendant's false statement
caused the plaintiff severe emotional distress, constituting damage in delict.

(c) "Damages" in delict represent the monetary compensation awarded to the

plaintiff to remedy the harm suffered due to the defendant's wrongful act.
There are different types of damages, including compensatory, punitive, and
nominal damages. Compensatory damages aim to restore the plaintiff to the
position they were in before the harm occurred, by compensating for losses
such as medical expenses or lost income. Punitive damages are awarded to
punish the defendant for egregious conduct and deter future similar behaviour,
while nominal damages are symbolic and awarded when there is no
substantial loss. For example, in the case of Hadley v Baxendale (1854),
compensatory damages were awarded to cover the financial losses incurred
due to the defendant's breach of contract.

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Question 2: Criminal procedure

(a) The statement that "the fundamental principle of our law of evidence and
criminal procedure demands that no person should be obliged to incriminate
himself or herself" reflects the legal concept of the privilege against
self-incrimination. This principle protects individuals from being forced to
provide evidence or testimony that could potentially implicate themselves in a
crime. An example of this principle in action is the right to remain silent when
questioned by law enforcement, as enshrined in various legal systems around
the world, including the Fifth Amendment to the United States Constitution.

(b) In many legal jurisdictions, journalists are protected by laws that uphold
their right to protect their sources and confidential information. While there may
be circumstances where journalists are subpoenaed to testify or provide
evidence, they often have legal avenues to resist such demands, particularly
when it comes to revealing confidential sources. However, the specifics of
these protections can vary depending on the jurisdiction and the particular
legal framework in place.

(c) Section 205 of the Criminal Procedure Act, 1977, provides for the issuing of
subpoenas compelling individuals to testify or provide evidence in criminal
proceedings. This section outlines the procedures and requirements for the
issuance and enforcement of subpoenas. Whether this provision is consistent
with the Constitution of the Republic of South Africa, 1996, would depend on
various factors, including whether it respects the rights and freedoms
guaranteed by the Constitution, such as the right to a fair trial and the privilege
against self-incrimination. Any potential inconsistency would likely be subject
to constitutional scrutiny by the courts.

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Question 3: Business Practices and Claims

a) The claim of false disparagement involves making false or misleading

statements about a person's or a company's goods, services, or reputation
with the intention of harming their business or causing financial loss. This can
include spreading untrue information about the quality or safety of products,
making false claims about a competitor's business practices, or spreading
rumours to damage a company's reputation. False disparagement can result in
legal action for damages against the party responsible for making the false
statements.

b) The claim of passing off occurs when one party misrepresents their goods
or services as those of another party, causing confusion among consumers
and potentially harming the goodwill and reputation of the genuine business.
Passing off typically involves elements such as a similarity in the names,
branding, or packaging of the products or services, leading consumers to
believe they are purchasing from a well-known or reputable source. Legal
action for passing off aims to protect businesses from unfair competition and
preserve consumer trust.

c) The claim of contravention of the Consumer Affairs (Unfair Business

Practices) Act 71 of 1988 involves allegations of engaging in unfair or
deceptive business practices that harm consumers. This act typically prohibits
practices such as false advertising, misleading pricing, deceptive sales
techniques, and other actions that exploit or deceive consumers. Legal action
under this act seeks to enforce consumer rights, promote fair competition, and
ensure that businesses operate ethically and transparently. Examples of
contraventions could include falsely advertising the benefits of a product, using
deceptive sales tactics to pressure consumers into making purchases, or
selling unsafe or substandard goods.

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Question 4: Copyright Protection

(a) Copyright protection can be claimed by individuals or entities that create

original works fixed in a tangible form. This includes authors, artists, musicians,
film-makers, software developers, and other creators who express their ideas
in various mediums such as literary works, artistic works, musical
compositions, films, and computer programs. Copyright protection grants
creators exclusive rights to reproduce, distribute, perform, display, and adapt
their works.

(b) Yes, the Copyright Act 98 of 1978 provides a list of various categories of
works that are protected under copyright law. These categories include literary
works (such as books, articles, and essays), artistic works (such as paintings,
drawings, sculptures, and photographs), musical works (including
compositions and lyrics), cinematographic films (including movies and videos),
sound recordings, and computer programs. Each category of work is granted
copyright protection to ensure that creators have control over the use and
dissemination of their creations.

(c) Not every type or category of creation can be protected under copyright law.
To qualify for copyright protection, a creation must meet certain criteria,
including being original, fixed in a tangible form, and falling within one of the
categories of works specified by the copyright law. Additionally, ideas, facts,
methods, systems, and other unoriginal or utilitarian elements are generally
not eligible for copyright protection. However, other forms of intellectual
property protection, such as patents and trademarks, may be available for
certain types of creations that do not qualify for copyright protection.

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Question 5: Contempt Proceedings

(a) Contempt of court refers to any action that demonstrates disrespect,

disobedience, or defiance towards the authority or dignity of a court or its
officers. This can include behaviours such as disrupting court proceedings,
disobeying court orders, refusing to comply with legal obligations, or making
statements that undermine the integrity of the judicial process. Contempt of
court is considered a serious offence as it undermines the authority of the
judiciary and the rule of law.

(b) Contempt in facie curiae, or "contempt in the face of the court," occurs
when contemptuous behaviour or actions are committed in the presence of the
court. This can include disrespectful conduct, insults, or disruptions that occur
during court proceedings, directly affecting the administration of justice.
Contempt in facie curiae is typically addressed promptly by the presiding judge
to maintain order and uphold the dignity of the court.

(c) A criminal case commences when formal charges are filed against an
individual or entity by a prosecuting authority, such as a government agency or
law enforcement agency. This usually occurs after an investigation has been
conducted, and there is sufficient evidence to support the charges. The
criminal case officially begins with the accused's arraignment, where they are
informed of the charges against them and are given the opportunity to enter a
plea.

(d) A trade coupon constitutes a form of contract, typically a printed offer

directed at a specific target group of consumers, inviting them to take
advantage of a promotional offer or discount. When a consumer returns the
coupon in accordance with the terms specified, they are entitled to receive
something of value, such as a discount on a purchase or a free product. By
accepting and redeeming the coupon, the consumer enters into a contractual
agreement with the issuer, obligating both parties to fulfill their respective
obligations as outlined in the offer.

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Conclusion

In conclusion, the exploration of fundamental legal concepts provides valuable

insights into the intricacies of law and its multifaceted applications. From
safeguarding intellectual property rights to ensuring fair judicial proceedings,
these principles play a pivotal role in maintaining order, protecting individual
rights, and fostering trust within society. As legal systems continue to evolve in
response to societal changes and technological advancements, a nuanced
understanding of these concepts becomes increasingly imperative. By
upholding the principles of justice, fairness, and accountability, we contribute
to the integrity and efficacy of the legal system, thereby fostering a more
equitable and harmonious society.

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Sources Consulted

1. Copyright Act 98 of 1978, Government Gazette, South Africa, [Online].

Available at: [
[Link] ]
(Accessed: 10 April 2024).

2. Criminal Procedure Act, Act No. 51 of 1977, Government Gazette, South

Africa, [Online]. Available at: [
[Link]
] (Accessed: 10 April 2024).

3. Consumer Affairs (Unfair Business Practices) Act 71 of 1988, Government

Gazette, South Africa, [Online]. Available at: [
[Link]
f ] (Accessed: 15 April 2024).

4. LawTeacher. 2013. Donoghue v Stevenson Case. 1932. UKHL 100, [1932]

AC 562. [Online]. Available at: [
[Link] ]
[Accessed 15 April 2024].

[Link]. 2013. Wilkinson v Downton Case [1897] EWCA Civ 1,

[1897] 2 QB 57. [Online]. Available at: [
[Link] ]
(Accessed: 15 April 2024).

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