UNIVERSITY OF FORT HARE

FACULTY OF LAW

MODULE LEARNING GUIDE 2023

INTRODUCTION TO LAW

(Module Code: LPI 113E )

Ms V. Gobeni
LLB; LLM
 NELSON MANDELA SCHOOL OF LAW

UNIVERSITY OF FORT HARE

FACULTY OF LAW

SCHOOL/PROGRAMME: LLB (Bachelor of Laws)

Learning Guide (LG) Year: 2023

Module/Course Title: Introduction to Law

Module Code: LPI 113 E

Module Credit Value: 16 Credits

National Qualifications Framework (NQF) Level: 7

Date of Approval of Module by Faculty: 2003

Name of Lecturer: Ms V GOBENI (East London Campus)

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 TABLE OF CONTENTS

Cover Pages
Table of Contents

I – GENERAL INTRODUCTION
1. Welcome 4
2. Contact Details 4
2.1 Role Players 4
2.2 Consultation Hours 4-5
3. Overview of the Qualification 5
3.1 Name of the Qualification or Programme 5
3.2 Rationale for the Degree 5
3.3 Purpose of the Module/Course 5

II – LEARNING COMPONENT
1. Structure of the Module 6
2. Level Descriptors of the Module 6
3. Learning Outcomes 6
4. Outline of Course Content 7
5. Teaching and Learning Methods 7
6. Assessment Methods 7
7. Assessment-Related Prescriptions 8
8. Plagiarism 9
9. Faculty referencing style 10
10. Consequences of fraud 11
11. Time Allocation 11-14
12. Roles and Responsibilities 14
13. Assessment Plan 15
14. Learner Support 16
15. Course Readings 17
Compulsory Readings
Additional Readings

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I – GENERAL INTRODUCTION

1. WELCOME STATEMENT

This module is designed for students who will eventually become legal
practitioners and administrators and who will be required to give legal advice and
carry out administrative responsibilities respectively.

The course is divided into two parts:

The first part deals with the roots of our law and answers questions such as:
“what is the law?”, “where does our law come from?”, “where can we find the
law?” and “who are the people in the legal profession?” and “what are the
structures within which they operate?”

The second part introduces the specific branches of our law, under which both
public and private law, as well as substantive and procedural law are considered.

This combined intensive course is designed to give you an introductory

understanding of the history, structures, scope and principles of the system of
South African law.

Although not the primary objective of this course, linguistic skills, problem-solving,
critical-thinking, research skills, e-learning, group work and the management of
voluminous information, all of which are skills necessary for the study and
practice of law, will be introduced to the first year law student through the
opportunities provided for engagement with the discourse of law in the
substantive content in the two sections above.

2. CONTACT DETAILS

2.1 Role Players

Person Name Office Tel./Ext. Email

Instructor Ms V 620,Elco tba
(East London Gobeni Building,
Campus) 6th floor
Class Rep. To be
elected by
the class
Faculty Ms K amkiva@[Link]
Manager Mkiva
Manager: 7207
Student
Development
Unit (TLC)

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2.2 Consultation Hours

The Course Instructor will be available to meet students with

appointments(appointments to be made through the class reps along with
purpose of consultation) within the following time periods :

Thursdays: 10:00 - 13:00

3. OVERVIEW OF THE QUALIFICATION

3.1 Name of the Qualification/Programme: Bachelor of Laws (LL.B)

3.2 Rationale for the Degree

In pursuing the study of law, one embarks on the challenging process of

becoming a member of one of the oldest and most rewarding vocations in the
world. Legal training is steeped in a long tradition of liberation. It develops a
learner’s skills in the mastery of hard facts and theory as well as in articulate and
logical reasoning and communication. A successful learner will acquire theses
qualities and discover them to be greatly to his/her advantage in his/her
leadership role in society. A lawyer enjoys prestigious status shared by few
others and has a broad selection of careers. He/she can practise as an attorney
or advocate, serve within the judiciary as magistrate or judge, enter government
service as prosecutor, legal adviser, diplomat, etc, or enter the business world as
legal advisor or senior executive. The LLB degree is a much sought-after
qualification that opens many doors for the graduate.

The LL.B. is now the only recognised-qualification for legal practice. Formerly,
holders of a B. Proc were allowed to enter into the attorney’s profession and
holders of a B Juris could serve in the civil service as magistrates or prosecutors.
The B. Proc and B. Juris programmes have been phased out. No new candidates
have been allowed to register for these programmes since 2004.

3.4 Purpose of the Module/Course

This is a compulsory module for LLB students. It is also prescribed or optional in

certain curricula offered by the Faculty of Management and Commerce, as well
as the Faculty of Social Sciences. This module has been designed as an
introductory study of South African Law of Persons.

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II – LEARNING COMPONENT

1. Structure of the Course/Module

Module Title: Introduction to Law

Module Code: LPI 113 E

Credit Value: 16 Credits

Place in Programme: Core in Bachelor of Laws (New LL.B); Core or optional in
variour [Link]/[Link]. Sci curricula

2. Level Descriptors of the Module: NQF Level: 7

3. Learning Outcomes and Associated Assessment Criteria

Exit level Outcomes Associated Assessment Criteria Associated tasks

Basic competency as speakers Demonstrate by use of Formative seminars and discussions in
of the legal language / appropriate legal terminology; which the identification and
familiarity with the discourse Demonstrate by appropriate use extraction of critical legal principles,
Ability to define key principles, of concepts, principles and and issues from practical examples is
concepts and terms terms; called for
Able to explain the structure of Demonstrate by sound basic and Formative/ Summative research and
the SA legal system in general general knowledge of the SA discussion tasks in class or in
terms as well as its origins legal system, its origins, the cyberspace in which ability to access
Ability to explain the basic nature of law generally and its and deal with legal knowledge
nature of law and its specific specific divisions in SA context resources is required
divisions in SA context Formative/ Summative Tests in
continual mode
Summative Examination

Ability to isolate and explain Demonstrate by referring to Formative seminars and discussions
rules and principles from the principles of law extracted from calling for explanation of principles
common law and statute and Common law and Textbooks and Formative/ Summative Assignment
to basic application of same in other materials and proposing and class tasks
appropriate manner as well-reasoned, logical and Formative/ Summative
authority for propositions and adequately sourced arguments Tests in Continual mode
in basic problem solving or solutions Summative Examination posing
questions testing knowledge of South
African legal principles and
competency in the linking of
substantive legal sources
appropriately with particular legal
issues
Ability to appropriately Demonstrate by referring to Formative seminars and discussions in
communicate knowledge of the principles of SA Law extracted which the knowledge of the South
South African law, its history, from Common law and African law, its history, divisions,
divisions, structures and the Textbooks and other materials structures and the legal profession is
legal profession verbally and in and through appropriate called for

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writing construction of answers in oral Formative/ Summative Assignment
and written mode and class tasks
Formative/ Summative Tests in
continual mode
Summative Examination posing
questions that require students to
provide well expressed cogent written
answers

Ability to research and deal Demonstrate by basic Formative Seminar discussions

with legally relevant competency in preparation for relating to preparation, research and
information in print and other and participation in seminars/ materials
media and organize same for tests/ exams, as well as Formative/ Summative deadlines for
efficient focused use compliance with deadlines assessment and other tasks
Summative examination
Ability to think holistically Demonstrate by integrating Formative seminar discussions around
about Law & SA Law in the Constitutional and other Constitutional and other social issues
wider legal and social context principles from related Formative/ Summative Assignment
and/ or to perform basic critical disciplines e.g. Philosophy, and and class tasks relating to
examination of the law in all other jurisdictions as well as comparative, interdisciplinary and
the forms introduced historical reflections into legal historical subject matter
discourse Formative/ Summative tests
Summative examination in which
questions will call for critical,
comparative, interdisciplinary and
historical opinions on legal issues

4. Outline of Course Content

Please see time allocation table below.

[Link] and Learning Methods

Expository lectures; class tests; interactive tutorials; a semester assignment; and

student consultation.

6. Assessment Methods

Continuous assessment through class tests, and assignment and a three-hour

written examination internally moderated.

Assignments: Some Guidelines to note

 Assignments must be typed in Arial 12 font, justified with 1.5 line spacing.
 It is the responsibility of every student to check the accuracy of the
spelling in the assignment.
 Assignments must be properly referenced and all notes must be at the
bottom of each page i.e. foot-noted.

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  All work must be properly acknowledged; plagiarism is not tolerated in the
University and any plagiarised work will not be assessed and the author
will be reported to the Faculty for appropriate action.
 On the cover page, the assignment must have the name of the University
and of the faculty, the name of the course/module, the full title of the
assignment question, the due date and the name, student number and
contact telephone number and e-mail address (where possible) of the
student .
 Every assignment must be handed in on the due date. Failure to hand in
an assignment on the due date will result in a loss of 10% of marks for
each day of default.
 Assignments must be handed in to the lecturer personally and the date of
submission must be recorded and signed for by the student.
 Every assignment should preferably have an introduction, a body of
argument and a conclusion.
 In marking assignments, credit will be given for conciseness and focus of
argument, relevance, evidence of understanding of themes and
grammatical presentation of the essay.
 All students are expected to adhere to the stipulated length of an
assignment; any excess pages will not be marked or credited.
 Failure to adhere to instructions will carry mark penalties.
Assessments
 Tests must be written at the appointed time.
 Candidates must write legibly.
 Questions may be answered in any order but each question must be
answered together sequentially.
 A student who fails to write the test due to illness must provide proof of
such illness as soon as possible for admission to a sick test.
 A sick test will be written at the time and place as appointed by the
lecturer.
 All tests will be closed- book, unless otherwise indicated.
 Failure to complete a compulsory assessment (test or assignment) will
result in the learner being disqualified from writing the examination,
irrespective of the marks obtained for assessments which were completed.

7. ASSESSMENT-RELATED PRESCRIPTIONS

7.1 Due Performance Requirements (Faculty Rule L.8)

The following requirements MUST be satisfied in order for a student to qualify to

write the examinations in this module.

7.2 Class attendance

Class attendance is compulsory for all law modules. Accordingly, attendance

registers shall be circulated in class and must be completed by learners. A

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learner’s class attendance record shall be considered for the purposes of
considering condonations of final marks and any other discretionary student
matters.

Special note:
Class attendance is compulsory for all students. Therefore every student should
obtain 100% lecture attendance in each module. A leave of absence will only be
granted to students who, by reason of illness or other special circumstances, are
unable to attend lectures; provided that no student shall be absent from lectures
for a period/periods exceeding 25% of the required attendance in each
module. Every application for leave of absence should be accompanied by
satisfactory evidence of such illness or special circumstances and, further,
should be submitted to the Faculty Secretary prior to the date of absence from
class.

7.3 Attendance at tutorials

75% attendance at tutorials is the minimum required. This is applicable to

modules where tutorials are part of the learning programme. Failure to comply
may result in disqualification from writing the examination.

7.4 Participation in tests and assignments

100% participation in mandatory tests and assignments is required by the Faculty.

Failure to comply may result in disqualification from writing the examination.

7.4.1 Requirement of an examination entrance (due performance) sub-

minimum (General Rule 5.9)

A student shall not be eligible to write the degree or supplementary examination

in any module for which s/he is properly registered unless s/he has obtained a
minimum semester (DP) mark of 40% in the module. For the avoidance of doubt,
this rule shall not apply to a student who is registered for a module under
General Rule 7 or under any other institutional rule that exempts her/him from the
requirement of a semester (DP) mark.

7.4.2 Requirement of an examination sub-minimum (General Rule 5.10)

Notwithstanding the provisions of General Rule 5.8, a student shall only be

credited with a pass in a module if s/he obtained a minimum of 40 percent in the
degree or supplementary examination.
A student who has been unsuccessful in obtaining the examination sub-minimum
mark of 40 in the degree examination shall be entitled to a second chance at
obtaining the said sub-minimum mark (through the supplementary examination)
provided s/he obtained a minimum final mark of 45.

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8. Plagiarism Alert – Additional learner responsibility

Learners must be aware that plagiarism is an academic offence prohibited in

terms of the UFH Plagiarism Policy 2009. With regard to what constitutes
plagiarism, etc, see the following extract from the said policy.

DEFINITIONS

Plagiarism, in an academic, university context, may be defined as taking and

using the ideas, writings, works or inventions of another, from any textual or
internet-based source, as if they were one’s own.

This definition covers the following aspects:

 Using the direct words of another without using quotation marks (even if
the passage is referenced);
 The unacknowledged copying of a sentence or two of text; copying more
extensive blocks of text;
 The syndication of a single piece of work by more than one student
(unless the assignment task is a legitimate group assignment);
 The borrowing and using of another person’s assignment (with or without
their knowledge and permission);
 Stealing an entire essay from another person or from the Internet; or
infringing copyright.
 Cut-and- paste for material off the internet without quotation marks or
reference.

For the purposes of this policy, the intention, negligence or innocence of a

person is not relevant to the finding as to whether plagiarism, as a fact, has
occurred. However, the state of mind of the person will be highly significant in
determining how to deal with the case as far as taking remedial action or
imposing a penalty is concerned.

Students should note that their assignment may be submitted to an electronic

plagiarism detection software programme now available to the Faculty.

9. Faculty Referencing Style

In preparing and submitting assignments which require students to acknowledge

their authorities and sources in footnotes, Faculty requires that ALL students use
the house style of Speculum Juris (the law journal published jointly by the Faculty

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and its counterpart at Rhodes University). Copies of Speculum Juris are also
available on short loan in the Library.

10. Consequences of cheating/fraud

Students should carefully note that the Dean of Law will not provide a testimonial
in respect of any law student who is convicted of cribbing, plagiarism or any other
form of cheating/dishonest conduct in a test/examination or on an assignment or
any assessment exercise. Without a testimonial from the Dean, a law graduate
will not (a) be admitted as an attorney; or (b) be allowed to register for articles of
clerkship – which is necessary in order to qualify for admission as an attorney.
Also, a law graduate who is not in possession of a testimonial issued by the
Dean may not (a) be admitted as an advocate; or (b) be accepted for pupilage
training – which is necessary for admission to the bar (of advocates).

11. Time Allocation

TOPIC READING Key Questions!

Textbook
Ref.
Introduction Where does the law come from?
Lecture 1 Why do we need Laws?
What is the law? What are the two main theories of law?

Lecture 2: What are the significant periods in Roman Law?

History of SA law Describe the Ius Commune?
How did Roman Dutch & English Law influence SA Law?
What do the terms ‘hybrid’ & ‘codification’mean?
Describe the modern SA Legal system?
Consider the process & timeline which gave rise to the SA Constitution.
What does our legal history tell us about possible future development in SA
Law?

Lecture 3: What is a constitution?

The Constitution How does the SA Constitution operate?
What do ‘constitutionality’ and ‘rule of law’ mean?

Lecture 4: What is legislation?

Legislation By what process does legislation come into being?
How does legislation operate?
How do we interpret statutes?
What role do judges play in relation to legislation?

Lecture 5: What is case law?

Case Law Why do we record cases?
Where do we find case law reports?
How do we read a judgement?

Lecture 6: Define common law in the SA context.

Common Law How do we apply the common law in SA?
How is it developed?

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Lecture 7: What is customary law?
Customary Law How do Customary Law & the Constitution
work together?

Lecture 8: What is meant by ‘secondary sources’?

Secondary sources How are secondary Sources used?

Lecture 9: What is a court?

The Court Structure Where do courts fit into the constitutional framework?
What types of courts are there?
What is alternative dispute resolution?
Describe common types of ADR.

Lecture 10: What are the common types of legal professionals in SA?
The Legal profession Contrast the roles that each play.
What is your understanding of professional legal ethics?

Lecture : 11 & 12 Create a diagram that depicts the classifications of law.

Classifications / What is substantive law?
Branches of our What is procedural law / adjectival law?
law What is Public Law?
What is Private Law?

Public law: Explain the difference between constitutional values and principles.
Constitutional Law What are human rights?
What legislation guarantees basic human rights to all?
Identify and give examples of the three generations of human rights.
How important is the Bill of Rights for the law in South Africa? Explain.
Right to equality:
When will treating people differently amount to discrimination & when
will this discrimination be unfair?
[Test set out in Harksen v Lane NO 1998 (1) SA 300 (CC)
Right to life: The CC was asked to decide Whether the death penalty
was consistent with the right to life. Identify the relevant case,
the court’s decision and discuss the reasons.
Limitation of rights:
South African law makes prostitution a criminal offence. Find the case
of S v Jordan and others 2002 (6) SA 642 (CC)
and discuss the constitutional validity of this prohibition.
List the types of relief that a court can award when a right in the Bill
of Rights has been infringed.

Administrative Law What is administrative law?

What are the sources of administrative law?
What is the effect of Section 33 of the Const on administrative law?
What is the importance of Section 195 of the Const?
What, specifically does PAJA1 deal with?
What is judicial review?

Lecture 13 & 14 What is criminal law?

Criminal Law Define and explain the different theories of criminal law.
What are the sources of our criminal law?
In point form, briefly state which elements need to be proved in every

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 criminal action.
What is meant by the:
‘unlawful’?
‘voluntary’?
‘conduct’?
‘fault’?
‘causation’?
‘criminal capacity’?
Discuss when there will be a legal duty on you to prevent harm to
another.
Briefly explain two defences excluding unlawful voluntary conduct.

Private Law: What are legal subjects?

Law of Persons & What a natural person?
Family Law What is a juristic person?
What are legal objects?
What are legal rights?
What is legal capacity?
What does the law of
persons deal with?

What does family law deal with?

What is the effect of the Civil Union Act 17 of 2006?
When will a civil marriage be terminated?
Do a survey amongst your family and friends to find out whether they
entered into a civil marriage, a customary or religious marriage.
Which act gives ‘recognition’to customary marriages?

Law of Succession What does the law of succession deal with?

What does it mean if a person dies testate?
What does it mean if a person dies intestate?
Which Act governs the estates of persons who die intestate?
What is a will?
What does an executor do?

Lecture:15 & 16 What does the law of property refer to?

Law of Property Define the following:
Law of Intellectual ‘Immovable property’
Property ‘Movable property’
‘Intangible’ / ‘incorporeal property’ corporeal property
What is the law of
Intellectual property?
What is a ‘patent’?
What is ‘copyright’?
What is a ‘trademark’?

Law of Obligations: What branches of private law are covered by the ‘law of obligations’?
- law of contract What is a ‘contract’?
- law of delict What is the law of delict?
What are ‘damages’?
What is the ‘Aquilian action’?
What is the actio iniuriarum?
Identify and explain the four elements that must be proved in every
situation where you want to sue a wrongdoer in delict for the loss or
damage suffered.
What is an omission?
What is the difference Between patrimonial and non-patrimonial loss?

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 Lecture: 17 & 18 What is commercial law?
Commercial Law:

Types of Identify four different forms of business enterprise.

business enterprise Provide a brief explanation of each business enterprise.

Law of contract List and briefly explain the six requirements for a valid contract.
Do all contracts have to be in writing in order to be valid?
Insolvency law When is a person said to be insolvent?
List and explain three acts of insolvency.
What are the consequences of Insolvency?

Negotiable Instruments Why was the law of negotiable Instruments developed?

List 5 common instruments of Payment currently in use in South Africa.

Labour Law What is Labour Law?

Identify the three most important pieces of legislation governing
employment law.
List 4 duties of an employee and 4 duties of an employer.
Provide 3 examples of circumstances when an employment
relationship can be terminated?

Law of Sale & Lease What is a contract of sale?

What is a contract of lease?
What are the essential elements of a contract of sale?

Lecture: 19 & 20 What is evidence?

Procedural / Adjectival What is the law of evidence?
Law: Discuss the role of the law of Evidence in the legal system.
Law of Evidence What is direct evidence?
What is circumstantial evidence?
Identify and briefly explain 4 Different forms of evidence.
What is regarded as the basic criterion of admissibility of evidence?
Discuss briefly.
What is ‘the legal burden of proof?’
What is the ‘standard of proof’? Discuss the meaning in relation to
civil and criminal matters.

Criminal Procedure Briefly outline and explain the sequence of events from the commission
of a crime to sentencing.

Civil Procedure What is civil procedure?

Identify and briefly explain the two forms of civil proceedings.

Lecture 21 & 22 What is public international Law?

Public & Private What are the main sources of public international law?
International Law What are the aims of the United Nations?
Identify the important role-players in public international \law and
briefly explain their functions and / or importance.

What is private international law and why is it important?

12. Roles and Responsibilities

The Student

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 1. It is the responsibility of every candidate in this course to have thoroughly
read and digested all the materials prescribed/supplied for each topic
ahead of lecture hours.
2. Assignments must be typed with page numbers and stapled together and
are to be executed with precision and care, and plagiarism is to be
avoided.
3. The lecturer may require students to maintain an active e-mail box for
communication purposes and for forwarding of materials. Students must
ensure that they empty their mailboxes regularly so that e-mail
communication is not thereby disrupted.
4. Should the lecturer so stipulate, assignments must be submitted
electronically, via e-mail.
5. Students must pay attention to grammar, spelling, correct citation of
authorities and proper organisation of the essay.
6. Failure to hand in an assignment on the due date will result in deduction of
marks at the rate stated in paragraph 7.1 above
7. Students must attend lectures and tutorials punctually and regularly. The
lecturer reserves the right to exclude students who disrupt classes by their
late arrival.
8. Students must write the class test on the set date, and at the set time and
venue.

The Instructor
It is the responsibility of the instructor to:

1. Give lectures with diligence according to the best of his ability;

2. To respond to student’s questions pertaining to their understanding of the
course;
3. To assess the written assignment and the class test; and
4. To be available for consultation at such hours as he has published.

13. Assessment Plan

1. The modes and procedures of formative and summative assessment,

awarding of a qualification cum laude, supplementary assessment, re-
assessment and special examinations for learners, are as prescribed
respectively by General Rues 5,6,7,8 and 9 of the General Prospectus of
the University of Fort Hare. Details of all assessments that take place
outside the examination room shall be communicated to learners in the
study guide for the module concerned, or as otherwise determined by the
Dean.
2. Learners shall be entitled to remarking and scrutiny of scripts, as provided
for in the General Rules of the University of Fort Hare.

Assessment Timetable
Exercise Description Value

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Final Examination To be advised 50% of final mark (100
internally moderated marks) Semester mark
also equals 50% of final
mark

3. Due Performance Requirement

Subject to such additional requirement(s) as may be set out in the General Rules,
a learner shall only be entitled to write the final examination in a module if he/she
has obtained:
1. 100% attendance at lectures, unless the learner was absent with leave of
absence obtained prior to the date(s) of the lecture(s) from which the
learner was absent;
2. 75% attendance at tutorials unless the learner was absent with leave of
absence obtained prior to the date(s) of the lecture(s) from which the
learner was absent;
3. 100% participation in mandatory tests and assignments;
4. Leave of absence shall only be granted to learners in exceptional
circumstances.

14. LEARNER SUPPORT

14. 1 Support Strategies

 Learners will find additional support, outside of the lecturer, classes,

tutorials and personal consultations, in the library, and the Student
Development unit of the Academic Development Centre. Peer-assisted
learning in the form of Supplementary Instruction (SI) is available and,
upon request through the Writing Centre of the Student Development
Department of the Academic Development Unit, there is additional one-
on-one support for assignment and research tasks. Please refer all
queries in this regard to Student Development.

 Diversity of learning styles is catered for in the variety of verbal and non-
verbal course material provided/ delivered, the variety of formative modes
of engagement and situated learning activities and tasks, individual and
group work, as well as the mix of formative and continual assessment
activities.

 USING THE LIBRARY - As students in an LLB course it is expected that

students are familiar with the support and services in the Library. Library
use will be crucial for the preparation of assessment tasks. Refer to the
Chief Librarian East London Campus for assistance and information about
library database and research tutorials.

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15. COURSE READINGS

a. Compulsory Reading Materials

Textbook:
The prescribed text for INTRODUCTION TO LAW is:
 Meintjies van der Walt, L et al Fresh Perspectives: Introduction to South
African Law (2019)(3rd Edition), Pearson/Prentice Hall: Cape Town

Copies of the textbook are available on 1 hour Short Loan in the Library.

Other useful works include:

 Kleyn D, Viljoen F (1998) Beginner’s Guide for Law Students, 2nd Edition,
Juta & Co, Cape Town
 Maisel P & Greenbaum, L (2001) Introduction to Law and Legal Skills,
Butterworths, Durban
 Morris et al (1996) Laying Down the Law, 4th Edition, Butterworths, Sydney
 Strong SI (2006) How to write law essays and exams, 2nd Edition, Oxford
University Press, Oxford
 Wade J (1990/91) “Meet MIRAT: Legal Reasoning Fragmented into
Learnable Chunks” 2 Legal Education Review 283
 Du Plessis JR, Kok K (1989) An Elementary Introduction to the Study of
SA law, 2nd Edition, Juta & Co, Cape Town
Additional prescribed readings:
As provided in class by the lecturers

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