INTRODUCTION TO LAW

CODE OF COURSE: ILW1036

SEMESTER CODE: 01

ASSIGNMENT NUMBER: 02

STUDENT NUMBER: 7844654

ASSIGNMENT DUE DATE: 1 April 2010

NAME: C. H. Olivier

ADDRESS: P.O. Box 1694

RIVONIA

POSTAL CODE: 2128

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 ASSIGNMENT 02
FIRST SEMESTER

Question 1

1.1 Private law will be the main division applicable in this

problem. Mr. Nkosi sues Mr. Zulu for the repairs of the
wall, which means that an action between two private
persons has been initiated (relationship between two
individuals), and the State has no interest in this matter.
However, due to the fact that Mr. Zulu came from a
party when the accident occurred, and if it was
presumed that he was under the influence of alcohol
while driving, which is a criminal offence as stipulated in
section 65 of chapter 11 of the National Road Traffic Act
93 of 1996, the state will charge Mr. Zulu (relationship
between the state and the subject).

1.2 Law of patrimony. The repair of Mr. Nkosi’s wall

(means) has a monetary value of R 50,000-00, which
Mr. Nkosi has a claim against Mr. Zulu.

1.3 Law of obligation. Because of the damage caused to

the wall, an obligation arises between Mr. Nkosi and
Mr. Zulu. Mr. Nkosi now has a right against Mr. Zulu for
performance in paying the money for the repairs, and
Mr. Zulu has a duty to perform.

1.4 Law of delict. Mr. Zulu damaged Mr. Nkosi’s wall. Mr.
Nkosi has a right to claim compensation, and Mr. Zulu
now has a duty to either pay Mr. Nkosi for the repair of
the wall, or repair the wall himself.

1.5 Mr. Nkosi will institute his case in the local

Magistrate’s Court. The claim is less than R 100,000-
00. If the amount was over R 100,000-00, he would
then institute his claim in the High Court.

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Question 2

Name and briefly discuss the criteria, as set out in

section 36 of the Constitution in terms of which a right in
the Bill of Rights may be limited.

2.1 The law that limits a right must be of general

application – the law must apply to everybody in the
country.

2.2 The limitation must be reasonable and justifiable in an

open and democratic society based on human dignity,
equality and freedom – There must be a very good
and justifiable reason to limit a right in terms of the
context of a constitutional society.

2.3 The nature of the limitation – what is the kind of the

right being limited.

2.4 The purpose of the limitation and how important this

purpose is – why it is necessary to implement this
limitation and the importance thereof.

2.5 The nature of the limitation and how much of a

limitation it will be – what the nature of the limitation is
and to what extent the limitation will be.

2.6 The relation between the limitation and the purpose of

the limitation – the relationship between the limitation
and the purpose of the limitation must be strong
enough to justify the limitation.

2.7 The achieving of this purpose in a less restrictive way

– achieve the results with the purpose of the limitation
of the right in a less restricted manner.

Section 36 (2) of the Constitution says that law may

not limit any right covered in the Bill of Rights, except
if proportionality test, as set out in section 1, has been
achieved.

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