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HFL1501: Describe transformative constitutionalism in your own words and How is a real right enforced: Historical Foundations of South African Law Assignment, UNISA, South Africa

University University of South Africa (UNISA)
Subject HFL1501: Historical Foundations of South African Law

QUESTION 1:

Describe transformative constitutionalism in your own words.

QUESTION 2:

How is a real right enforced?

Read the following scenario and answer the question that follows: Leo has a servitude to draw water from the farm of his neighbor Barry. He is, however, unable to draw the water as the pipe is blocked. Leo now demands that Barry, as the owner of the servient land, clean and maintains the duct. Is Leo’s claim correct? Provide a reason for your answer.

(2) Consider the current position on land reform as described in section 25 of the Constitution of the Republic of South Africa, 1996, and answer the following questions:

(a) Is expropriation without compensation currently possible under South African law? Provide a reason for your answer.

(b) Do you agree with the current expropriation arrangements, as set out in section 25? Provide a reason for your answer.

QUESTION 3

Indicate whether the performance in the agreement concluded in the following scenario is a (a) specific performance, or (b) unspecified performance. Write down only “A” or “B” as your answer: Orabile gets drunk and accidentally fires his pistol near the fence separating his farm from Mzu’s farm. The bullet from Orabile’s weapon kills Mzu’s bull. The bull has won awards at two local competitions. Mirabile undertakes to compensate Mzu for his loss. He will pay Mzu the amount an independent appraiser determines as the value of the bull at the time of its death.

(1) 3.2 Read the following statements and identify whether the contract described in each is Write down only “valid”, “void” OR “voidable” as your answer:

(a) John buys two tickets to a movie from Andile. John is under the impression that he is buying the tickets from a woman named Ayanda. (1)

(b) Xoli kidnaps Rabelani’s daughter and uses this as leverage to force Rabelani to sell his house to Xoli at a very low price. (1)

(c) Mia tries to convince Lientjie to buy her old coffee machine.

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