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ilw1501 Exam Papers and Memos Pdf Download Free

In South Africa, a memorandum refers to a document that serves as an official communication within the education system.

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Memorandums are commonly used in schools and educational institutions to convey important information, instructions, or announcements to teachers, staff members, and students.

Memorandums in South African education often cover a wide range of topics, including:

Curriculum and Assessment: Memorandums may provide guidance on curriculum implementation, changes in assessment methods, or updates on examination procedures.
Policies and Regulations: They may communicate updates on educational policies, regulations, or guidelines issued by the Department of Basic Education or other relevant authorities.
Administrative Matters: Memorandums can cover administrative matters such as school schedules, staff meetings, training programs, or professional development opportunities.
Events and Activities: They may inform students and teachers about upcoming events, competitions, sports fixtures, cultural activities, or field trips.
Safety and Security: Memorandums can address issues related to school safety, emergency procedures, or any specific security measures to be taken.
Academic Support: They may provide information on tutoring services, study resources, or academic support programs available to students.

ilw1501 questions and answers

ILW1036 STUDY NOTES | Ilw1501 exam papers and memos pdf 2020

Q: What is “the law”?

A: The law is all encompassing; it entails many facets of everyday life. It governs our behaviour in the form of legal norms. It is to be obeyed at all times by all members of society, if one fails to comply with the law, punishment is administered, be it as a jail sentence or remunerations for damages caused. The law is made, governed and enforced by state organs.

The law is divided into two sections namely, private law and public law.

Private law, deals with the relationship between individual citizens whereas public law deals with the relationship between the state and the individual.

The divisions of the law can also be interpreted as Formal (Procedural) law and Substantive law. The procedures that must be followed in legal proceedings are ruled by formal law. Substantive law is that which determines the content and the meaning of different legal rules. The different normative systems and the law have strong links to each other.

For example, religion and law overlap in many aspects as the Western legal tradition is strongly influenced by canon law. Discrepancies however, do appear as some religious boundaries cannot be enforced by law, example adultery.

Personal morality is not enforced by the law unless it coincided with legal principles. This is due to the fact that personal morals are based on the character of the individual. Community mores however, are the collective morals of the members that make up the community.

As with personal ethics, these norms are only enforceable when it coincides with the legal norms. As communities differ, the accepted behaviour in each community differs according to the residents.

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Justice is equality before the law. In this respect, some arguments can be made that the law is unjust or just. In regard to Formal law, there are basic requirements that formal law must comply with to achieve justice.

These requirements are that the rules must be explicitly laid down to show how people must be treated in specific cases. These rules must apply to all which fall under the same circumstances and this rule must be implied impartially by an unbiased judge.

Substantive justice however, remedies some cases in which a party may feel that the result was unjust. Substantive justice concerns the content of the rule and not the way on which it is applied. In this way, formal law is that part of the law which regulates the enforcements of substantive law.

Law is also a system of rights. Every rights involves a relationship that is made up of two parts, the relationship between a legal subject and the legal object, and the relationship between the legal subject which is the holder of the right and other legal subjects (they must respect your rights).

A legal subject is anyone who is subject to the legal norms and who also may be the bearer of rights and duties. A legal object is an object to which economical value may be attached, be it a car or a person’s good name.

There are four classes of rights, namely real rights, personality rights, intellectual/immaterial property rights and personal rights.

Real rights are rights to physical, material things, eg a car. Real rights are called rights of ownership, rights of pledge or rights of servitude etc. Rights of ownership give the owner the right of Ius utendi, fruendi and abutendi. A right of pledge is when an object is used as collateral (mancipatio cum fiducia, pignus and hypothec), in this respect, the right to the pledged thing is limited as it cannot be used or enjoyed until the debt is paid. Rights of servitude are for example, servitudes of iter give the right to walk over the land of another.
Personality rights are the rights that each one of us has to parts of our personality. Eg the right to physical integrity, the right to good name and reputation and the right to honour. (actio iniuriarum)
Intellectual property rights relate to the creations of the human mind. Copyright and Patents protect this right.
Personal rights is the right to performance. It may be a claim, delivery, payment or services.

Roman-Dutch law and its origins:

The Roman era spanned across 753BC-476AD. The height of the Roman Empire was during the second half and first two centuries AD. It was during this period that Roman culture, law and development reached its peak. The Roman law administered in this period is known as classical Roman law. However, in the 4^th century the Roman Empire split into the Western Roman Empire where Rome was the capital and the Eastern Roman Empire where Constantinople was the capital. It was at this point that the decline of the Roman Empire began. Gradually, the Germanic Tribes began to infiltrate the Western Roman Empire and in 476AD when Rome was overthrown, a Germanic ruler took to the throne. With this he brought over Germanic laws and Roman law, although greatly weakened, it was still practiced through Canon Law. The reception of Roman law in Europe was one of the reasons that Roman law remained alive. In the Eastern Roman Empire however, Roman law survived successfully, and resulted in the Emperor Justinian creating the Corpus Iuris Civilus. This is a collection of Roman law and aided the reception of Roman law in other countries. A renewed interest in Roman law developed in the 12^th century and was studied at the medieval universities. Thus, these emerging jurists carried this knowledge over to their respective countries and infiltrated the legal systems. When Roman law was received in Netherlands, Roman-Dutch law was created. Today, we still make reference to some great Roman-Dutch jurists such as de Groot and Voet.
When Jan van Riebeeck docked at the Cape of Good Hope, it was regulated by the terms of Artyckelbrief, which governed the service of employees of the Company’s overseas territories. Only later, when the Cape became a settlement, did the legislation or Placaeten. In this regard, Roman-Dutch law became the base of South Africa’s legal system.
When the British occupied the Cape, they brought with them the principles of English law which were administered mainly under the rule of law and the administration of justice. African Customary law was not recognised nor was it a written law. As a result, when the Constitution of 1996 officially recognised Customary law, the codification process began.

There are many different divisions of Public law, specifically:

Public International law which is concerned with relations between states, eg war and peace treaties and the United Nations.
Constitutional law which is concerned with the institution of the state and its organisation, it also governs the powers of the state
Administrative law which controls the administration of the state in general. It determines the way in which the state bodies, department and boards should exercise their powers in regard to their relationship with the citizens.
Criminal law states which acts are crimes and what the penalties that are imposed by the state for commission of these crimes.
Law of procedure is divided into three subdivisions, namely,
Law of civil procedure, which is a process by which private-law disputes are brought before the courts, eg, summons being served, how and when the pleadings must be drawn up and lodged, jurisdiction of the courts etc
Law criminal procedure, concerns itself with the way which someone who is suspected of committing a crime, is prosecuted and tried.
Law of evidence is that which deals with how evidence must be dealt with in court.

There are also many divisions of Private law namely:

Law of persons is concerned with persons as subjects of the law, the beginning and end of legal personality and status of a legal subject.
Family law is that which deals with the legal relationship between spouses, the legal relationship between parent and child and the legal relationship between guardians and their wards.
Law of personality is concerned with personality rights, which is essentially the right to our body, reputation and dignity.
Law of patrimony is the relationship between persons and their means. Is covers a variety of things and has many subdivisions:
Law of things (property): classified as moveable an immoveable property. Ownership is the most complete real right but is limited in certain circumstances.
Law of succession is concerned with who inherits from a person who dies and what is to be done with the deceased’s estate. If no will or valid will is presented, the estate falls under intestate succession
Law of obligations is the legal relationship between two or more parties in terms of which one party has a right against the other party for performance and the other party has a corresponding duty to perform. It falls under three obligations
Law of contract where the buyer has a claim for delivery of the goods and the seller who has a duty to deliver it. Likewise the seller has a claim on the payment and the buyer, a duty to pay the amount agreed upon.
Law of delict is where someone damages the property of another, he has a duty to compensate the owner or replace it and return the status quo.
Unjustified enrichment is the law that states that no one may be enriched without justification or at the expense of another.

Other areas of law that are both private and public are:

Mercantile law deals with all commercially related fields of law, eg company law, insolvency, negotiable instruments and tax law etc.
Labour law which concerns the relationship between employee an employer and includes all labour legislation.
Conflict of laws is the branch of law that deals with the question of which private-law system applies if more than one private-law system is involved. International conventions between states may also play a role in conflict of law and therefore private as well as public law involved in conflict of laws.
Legal philosophy (jurisprudence) is the field of law which looks at law from a philosophical perspective. Legal philosophy is important because through a philosophical evaluation of law, a better understanding of the law and a critical approach towards it is acquired, which can be of a value in determining the need for legal reform.

S v Makwanya 1995 (3) SA 391 (CC) – capital punishment unconstitutional.

There are various sources of South African law such as:

Authoritative sources which lawyers use to give weight to their argument and find out what the law might have to say about the case at hand. The main authoritative sources are
Legislation/statutes/acts of parliament: also known as statutory law, it is subject to the constitution and is printed in the Government Gazette on a weekly basis to update the public on the decisions made by parliament.
Court decisions/case law/court cases: in the event of a lawyer referring to a previous case, we use the principle of judicial precedent. To implement this system, we must have an effective method of law reporting and a hierarchy of our courts. Since South Africa has achieved both these requirements, the most well known of our law journals is the South African Law Reports, this journal reports the judgements of cases that have judicial precedent. The ratio decidendi is the part of the judgement that creates this precedent. There are also cases where one can find obiter dicta when the principle of the case is more broadly formulated by the judge than is necessary to cover the facts, where the judge makes an incidental remark, where the judge asks and then answers a hypothetical set of questions and where a the judge quotes a similar case and gives an illustration.
Common law: is the law of the country that is not contained in legislation. In our case, common law refers to Roman-Dutch law and the Corpus Iuris Civilis, and English common law.
Custom; is not made up of written rules but develops from customs within the community. Custom is carried down from generation to generation although there is strict requirements that must be met for a custom to be recognised as a legal rule, such as the custom must be reasonable, it must have existed for a long time, it must be generally recognised and observed by the community and the contents must be clear and definite. Eg Van Breda v Jacobs (fishermen)
African indigenous law; is largely unwritten, it has been formally recognised by the Constitution and must now be applied in all courts where applicable.
Persuasive sources are those to which lawyers and judges may turn when no authoritative sources are found. There are different persuasive sources one may look at;
Other legal systems that have a similar system to ours or are historically related to us by Roman-Dutch law or English law.
The Bill of Rights stated that we may take foreign law into account when interpreting the Bill of Rights, so in that respect, we refer to foreign law when dealing with the Bill of Rights.
Modern legal writers do not have any authority but are often consulted by judges, practitioners and academics and have great influence when a legal rule or principle has to be determined.

The Constitution is the set of rules and regulations that govern a country. It is a long document that sets out the structure and functions of the government. It also sets out the standards that will have to be used to protect the individual against any abuse by the state.

South Africa has had four official Constitutions, namely, the Constitution of 1910 where the Union of SA was formed, the 1961 Constitution when SA became a Republic, the tricameral Constitution of 1983, and the first democratic Constitution of 1996.

The non democratic Constitutions were unjust as only a small number of South African’s had the right to vote. Opposition to the Apartheid system of government, escaladed when riots such as the Sharpeville Massacre 1960 and the Soweto Riots 1976 occurred.

After heavy sanctions were imposed on SA, the government finally unbanned the black movement and its leaders. This paved the way for negotiations to begin and a fully democratic Constitution to be drawn up. The final draft was certified on the 4 Dec 1996.

The Constitution covers the following:

The governing of the country at national, provincial and local levels
Legislative powers and process at each of these levels
Administration of justice by all the different courts
Rules relating to regular elections
Functioning of the police, the army and other security services
The manner in which the finances of the country should be managed
Provisions regarding the powers of traditional leaders
Establishment of institutions (Human Rights Commission, The Commission for Gender Equality etc)

The Constitution also sets out the nine provinces and the eleven official languages of SA as well as all national symbols such as the national flag.

The Constitution also contains the Bill of Rights which is the second chapter of the Constitution and lists all the fundamental human rights that are protected by the Constitution and is applied vertically.

The Constitution is the foundation of our democracy and is the supreme law of our land. It delegates the separation of powers into the legislative authority, the executive authority and the judicial authority. This ensures that the powers of each of the state organs are kept in check.

The Constitution sets out the structure of the judiciary and the judicial system, the judiciary deals with the courts. There are many courts namely:

The Constitutional Court: which has the final say in all constitutional matters, the CC can change or remove legislation if it is not consistent with the Constitution. It can also make the application of a law invalid, however, the Supreme Court and High Court may also hear Constitutional matters.
The Supreme Court of Appeal: deals exclusively with appeals
The High Courts
The Magistrate’s Courts

The Constitution has also made provisions for state institutions to support our democracy, specifically:

The Public Prosecutor
The Human Rights Commission
The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities
The Commission of Gender Equality
The Auditor General
The Electoral Commission
The Independent Authority to Regulate Broadcasting

The Bill of Rights which is chapter 2 of the Constitution and lays out the fundamental rights of every citizen. Fundamental rights are natural rights that every human is entitled to. There are three different categories of fundamental rights, some of which are listed below:

First-generation rights: are sometimes called “blue rights”, these are civil rights, procedural rights and political rights. Eg the right to equality, the right to human dignity, the right to life, the right to freedom of expression and the right to freedom and security.
Second-generation rights: are sometimes called “red rights”, because they became important during the socialist revolutions. They relate to socio-economic issues eg, the right to education, the right to access to health care services and to sufficient food and water.
Third-generation rights: are called “green rights” are more to do with the population in general than the individual, eg, right to clean or unpolluted air.

Although fundamental rights can never be taken away from the individual by the state, the state may limit the fundamental rights of the individual.

Some of the rights contained in the Bill of Rights are limited because of the way in which they are formulated or described. In event of a state of emergency, certain fundamental rights may be suspended for a period of time.

Section 36 of the Constitution is also known as the “limitation clause” which sets out the criteria in terms of which a right contained in the Bill of Rights may be limited. The criteria is:

The law that limits the right must be of general application
The limitation must be reasonable and justifiable in an open and democratic society based on human dignity
There are many questions that need to be asked namely:
What is the nature of the right?
What is the purpose of the limitation and how important is this purpose?
What is the nature of the limitation and how much of a limitation will it be?
How do the limitation and the purpose of the limitation relate to one another?
Could this purpose be achieved in a less restrictive way?

South African Court System:

South Africa does not have a jury system
Magistrates preside over a Magistrate’s court and judges preside over the Superior courts
Prosecutors work for the state and prosecute those accused of crimes
We refer to judges as “your lordship” and magistrates as “your worship”
There might be an interpreter makes sure that everyone understands the proceedings in the language of their choice
The orderly keeps order and calls upon witnesses
After the investigation, the summons is served and the accused must appear in court
In a criminal case in a Magistrate’s court, the parties involved are the state and the accused, the presiding officer is the Magistrate and the onus of proof rests with the state and must be proved beyond a reasonable doubt
In a civil case in the Magistrate’s court, the parties are the plaintiff and the defendant. They are represented by attorneys. The onus of proof rests with the plaintiff and is on a balance of probabilities
The Magistrate’s court has a limit to the period of the sentence they impose and the amount of remunerations issued. This is due to the jurisdiction of the court, which is the competence of the court to hear a matter. The jurisdiction in a criminal matter is determined by the type of offence and the sentence. In civil matters the nature of the relief claimed and the amount claimed determines the jurisdiction
If the judgement is to be appealed, the case is seen at the Supreme court of appeal. The court superior to the Supreme court of appeal is the Constitutional court
A criminal case seen at the High court. The parties are represented by advocates although some attorneys have applied to appear in High court. The judge also has a clerk as well as the orderly and interpreter

Translations:

Accused: beskuldigde

Advocate: advokaat

Appeal (v): appelleer

Appeal (n): appel

Application: aansoek

Arrest (n): arrestasie

Arrest (v): arresteer

Attorney: prokureur

Beyond a reasonble doubt: bo redelike twyfyl

Charge (n): aanklag

Civil case: siviele saak

Civil claim: siviele eis

Civil matter: siviele aangeleentheid

Clerk of the court: klerk van die hof

Court orderly: hofordonnans

Compensate (v): vergoed

Compensation (n): vergoeding

Constitutional case: grondwetlike saak

Constitutional Court: Konstitusionele Hof

Constitutional matter: grondwetlike aangeleentheid

Convict (v): vonnis, veroordeling, skuldig bevind aan

Conviction (n): vonnis, veroordeling, skuldigbevinding

Crime: misdaad

Criminal case: strafsaak

Criminal matter: strafregtelike

Damage (n): skade

Damages (n) skadevergoeding

Defendant: verweerder

Discharge (n): ontslag, vryspraak, ontheffing

Discharge (v): vryspreek, voldoen

District court: distrikhof

Evidence: bewys, getuienis

High court: Hoe Hof

Higher courts: hoer howe

High treason: hoogverraad

Indictment: akte van beskuldiging

Interpreter: tolk

Investigating officer: ondesoekbeampte

Judge: regter

Judge’s clerk: regtersklerk

Jury: jurie

Jurisdiction: jurisdiksie

Lawyer: juris, regsgeleerde, regspraktisyn

Legal representatives: regsverteenwoordigers

Lower courts: laer howe

Magistrate: landdros

Magistrate’s court; landdroshof

Motion: mosie

Nature of relief: aard van regs hulp

Notice of trial: kennisgewing van vehoor

Notice issued by a peace officer: kennisgewing uitgereik deur n vredesbeampte

Offence: oortreding

On a balance of probabilities: op n oorwig van waarskynlikhede

Onus of proof: bewyslas

Plaintiff: eiser

Presiding officer: voorsittende beampte

Prosecute (v): aankla, vervolg

Prosecutor (n): aanklaer

Public prosecutor: straatsaanklaer

Regional court: streekhof

Sentence: vonnis

Serve a summons: n dagvaarding beteken

State advocate: staatsadvokaat

State prosecutor; staatsaanklaer

Statement: verklaring

Sue: dagvaar, geregtelik, vervolg

Summons: dagvaarding

Supreme court of Appeal: hoogste hof van Appel

Trial: verhoor

Witness: getuie

“ Your lordship/ your ladyship”: u edele

“Your worship”: u edelagbare

It’s important to note that the specific content and format of memorandums can vary between educational institutions and the departments responsible for issuing them.

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Therefore, it’s advisable to refer to the guidelines and instructions provided by the relevant authorities or the specific institution to understand the memorandum requirements and procedures.

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Note “Memorandums are distributed through various channels, including email, physical copies, or online platforms. They are important for ensuring effective communication within the education system and informing stakeholders about relevant matters.”

Five (5) important hints to help you pass exams:

Start Early and Plan Your Time: Don’t leave your studying until the last minute. Begin preparing well in advance and create a study schedule that allows for consistent and organized learning. Spreading out your study sessions over time will help you retain information better and reduce last-minute cramming.
Understand the Exam Format and Syllabus: Familiarize yourself with the exam format, including the types of questions and the time limits. Review the syllabus or study guide provided by your teacher to identify the key topics and concepts that will be covered in the exam. This knowledge will help you focus your studying on the most important areas.
Review and Summarize: Regularly review your notes, textbooks, and other study materials. Summarize the main points and concepts in your own words. By reviewing and condensing information, you reinforce your understanding and make it easier to recall during the exam.
Practice Past Exams and Sample Questions: Obtain past exam papers or sample questions and practice answering them under exam conditions. This will familiarize you with the types of questions that may be asked and help you manage your time effectively. Analyze your answers and learn from any mistakes or areas of weakness.
Take Care of Yourself: Ensure you get enough sleep, eat well, and exercise regularly. A healthy body and mind contribute to better concentration, memory retention, and overall performance during exams. Avoid excessive stress and take breaks during your study sessions to avoid burnout.

Keep in mind that everyone has their own unique study methods, so it’s important to find what works best for you. Experiment with different techniques and strategies to discover what helps you learn and retain information effectively. Good luck with your exams!

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