Mrs MT Khumalo Student no:44835639 SCL1502 ASSIGNMEMT 3(EXAM) Unique no:342839 Question 1 Discussing the 5 elements of legal research

1.Research is a human activity .it is something that we as humans,with all our faults and preconceptions and influences undertake. 2.Research is a communal activity. In order to successfully do research we interact with lectuerers ,with other scholars through their work, 3.The purpose of legal research is the study of legal problems and issues in order to better our understanding of how the law functions and how it can be improved. 4.Legal research involves creative,systematic and original work that explains how the law functions and it embraces the critical evaluation of this functioning. 5.At the basic level legal research is criticalengagement with an intellectual tradition. Question 2 The case of Sv Gerwe1977(3)SA1078(T)The court case took place at Empangeni against abused and poarchering of Rhino Horns. Summary of the facts In our days our country is in serious crisis of smugglers poarchering the rhino horns and kill them.In the province of KZN the numbers are too high as we manage to arrest this 2 men,as they appear in this court today,the magistrate ask them why they not protecting our animals because it is our heritage,the next generation needs to see our precious things in the country, as the Animals Protection ACT no71of1962 says. Legal question Are we doing enough to empower people how important it is to protect and save our big5 for the future? The courts reason for its decision;

The court found that as the word protect makes it clear that our heritage need to be saved and protected.As the offenders said that they are doing this dirty job for selling them in other countries,because they believe that the rhino horn give them goodluck,they buy horns from them for making muthi in those countries.The magistrate :Mr Langa said no matter how poverty bad it is there is no reason why u can destroy your future generation heritage because if it does not stop now in 5years to come there will be no rhinos. Finding/judgement The court found both offenders guilty of not taking care of animals as the Animal Protection Act 71of 1962 says. 2.2 SPCA welfare animal organisation 2.3Performing animal protection act no 24 of 1935 2.4(1)C Sustein Right and their Critics(1995)70Nortre Dame LR727 (ii)H Corder Administrative Justice:A Cornerstone S.A Democracy(1998)14SA JHR38,41 (iii)(South African law journal)Thus:univ of Chicago LR;Oxford of legal studies ,mordenLR,int&comparativeLQ,SA medical J Question3 The same sex marriages in South Africa The legislation of samesex marriage took a very long time to get legalized.As we know we are living in a democratic country ,it was a tough decision has to be taken.South Africa is a country with people of different believes,cultures and norms,so no one suppose to judge one another.Then the Christians and others who oppose this type of union disagree even today.The Christians believe that it is a sin to marry someone as same sex as you are because they the Holly Bible in the book of Genesis 1versus 1-5 In the beginning God create the heaven and earth and then he puts two people Adam &Eve in the gardene of EdenThat was a man and a woman. In a long time before this kind of relationship was very reare in this country, we were seeing it as for western countries.but now South Africa is a rainbow nation and democratic every have a right and a freedom of choice.I have been researching on internet using GOOGLE,I found that the first union of same sex took place in AMERICA.It was not easy for our government to take decisionof amendig the Marriage Act no 25 of 1961.They came to that decision on October 2006.The society of Gays and Lesbian were very excited.Although there is still discrimination in their homes,in communities and in their working places.Others they got beaten,stabed and

raped by those they do not like to accept their status,they also angry with them.They have tha negative thought in their minds that this is not true they are performing or are pretending.So when they dies they are not going to see God they are going to Devil because they are sinners. They are proud of themselves because when it comes to the debate of HIV/AIDS they said they are safe because they have their ways of doing it.Others are asking questions of ;where does this world go?Is this the end of the world? There is any future generation coming? because the same sex cannot bear children, they can adopt. So who is going to bear children for them? There are many questions that need answers. The families who do not believe in this union are very disappointed of their sons and daughters because when they grow them they expect to be happy tomorrow, they expect grandchildren so their families are expanding. They even worried about ,if a couple is gay and they adopt a girl child what lesson do they give to that child? and in lesbian too visa versa, they used to say in zulu lafa elihle kakhuluOn that time they loose hope. Our parents believe on their children because they are their future. They say a growing family is a growing community; a growing community is a growing nation. That is why they have many doubts about this union. As we are in a democratic world everyone have a right and a freedom of choice, it is on our Constitution and on Bill of Rights, no one suppose to judge others on their believes and Choices (i).1.The Act of Parliament; Act no 4 of 2000.(Promotion of equality and prevention of unfair Discrimination) (ii)Text book C Loots & G Marcus jurisdiction ,powers and procedures at al constitutional law of SA (1996,3rev 1991)6.1,6-9 (iii)Journal article LH Hofman DT Zeffertt the south African law of evidence & ed (1988) 121 (iv)Court case;Connolly and others v AA Mutual Insuarence Association Itd1991(1)SA423(W)

Question4 Reading the badly written essay on freedom of expression and correcting the mistakes and answering the questions given; 1.Freedom of expression

Freedom of xpression is being to say or do what you want, whenever you want to without being forced by any one or anythingto do so.While on the other hand it is said that expression relate to things that people say,write or do in order to show their feelings, opinions or ideas 2.This right form one of the human rights in the Bill of Rights in section 16 provides; (i)Everyone has the right to freedom of expression which includea)The right to the press and other media; b)Freedom to receive or impart information or ideas; c)Freedom of artistic creativity;and d)Academic freedom and freedom of scientific research. 13.It is clear that when constitution was drafted so many factors that contributed to the democratical state was taken into consideration, hence the inclusion of section16 which not only adds to the contens but plays an important role in the advancement of democracy. Democracy means governed by the people,This imply that people will have to place their expertation and what they want to see happening in that state or also to criticize why such promises are not kept? This is where this right will almost probably fit in ,and this is why this right forms one of the important right in our constitution and should be protected. However this right is not without limited. The same section of the subsection (2) provides the rights in subsection16.2 does not extent to: a) Propaganda for war; b)Incitement of imminent violence; or c)Advocacy of hatred which is based on race, ethnicity, gender or religion, and that causes incitement to cause harm. In S v Mamabolo the question of the protection of this rights and its limitation as opposed to other humans right was addresses as follows: The accused was charged of contravening section 10 of the Constitution, whereby it was alleged that accused publication of words scandalized the court with the purpose of bringing the administration of justice into a dispute. The legal question that had to be answered was that whether the trier of fact has been satisfied with the requisite preponderance depending on the nature of the case, that the publisher of the offending statement brought about a particular result in the case of the

scandalizing the court that result must have been to bring the administration of justice into disrepute. Findings Leave was granted to appeal direct to this court because this case constitutional issue of substance on which a ruling by this court was desirable in the interest justice. 3.Conclusion This right just like any right , will be limited in terms of the application of the limitation clauce contained in section 36 of the constitution. Bibliography: 1. Author Ian Currie , Johan de Waal and Wetton bill of right fifth ed (juta & co ltd hand book 2005) 2. S V Mamabolo 2001(3) SA 409 Constitutional Court E TV and other entervening