Question 1

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Which option indicates an example of a personality right?

right to your honour

right to your poem

right to your house

right to your payment

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You must understand the meaning of the concept "right". You must know the four
private-law rights, namely (1) real rights; (2) personality rights; (3) intellectual property
rights/immaterial property rights; and (4) personal rights. And then you must know the
examples of each of the four private-law rights. This question tests your knowledge of
the examples of a personality right. Study Learning Unit 2 of the Study Guide (p
29) for the answer to this question.

Question 2
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Complete the following sentence by choosing the correct option:
Local levels of government are responsible for the passing of…

by-laws.

codes.
statutes.

ordinances.
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This question tests your understanding of the role of local levels of
government. Study Learning Unit 6 of the Study Guide (pp 101-102) to find the
correct answer to this question.

Question 3
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Which one of the following combinations of legal disciplines fall within private law?

mercantile law, constitutional law, law of obligations

family law, law of succession, law of patrimony

international law, administrative law, criminal law

law of persons, labour law, law of evidence

Feedback
Private law is one of the main divisions of South African law. Different divisions of
law or legal disciplines fall under private law. Studying the focus areas provided in
Lesson 5 as well as the diagram on page 68 of Learning Unit 5 of the Study Guide, will
certainly assist you in mastering the different divisions of private law in South African
law. See Learning Unit 5 of the Study Guide (p 68) to find the correct answer to this
question.

Question 4
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Complete the following sentence by choosing the correct word from the options below:
The focus of legal systems belonging to the ______________ legal family is on the
community.

hybrid

indigenous

mixed

socialist
Feedback
Learning Unit 4 of the Study Guide teaches you that there are different legal systems
in the world. All these legal systems form part of a world legal order. The different legal
systems in the world are grouped or classified into families of law (legal families) or legal
cultures. Study the diagram in the focus areas of Lesson 4 on the ILW1501-22-S1
module site under myModules 2022 on myUnisa for a better understanding of the
different legal families in the world.
Study Learning Unit 4 of the Study Guide (p 64) for the correct answer to this
question.

Question 5
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Read the following scenario and answer the question that follows:
Marcus is searched by the security guards in Pick ‘n Pay after being suspected of
shoplifting. As they go through Marcus’ backpack, several items which he had not
purchased are found inside. The police are then called to handle the matter further.
Which normative system is applicable to Marcus in this scenario?

religion

individual morality

community mores
the law
Feedback
In this question your understanding of the four normative systems is tested. You are
required to identify the normative system which is applicable to the scenario. Study
Learning Unit 1 of the Study Guide (pp 15-22, especially p 19 and p 22) to find the
correct answer.

Question 6
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Which one of the following does NOT form part of the development and composition of
South African law?

African customary law receives official status as law.

English law comes from Britain to the Cape.

Roman law comes to the Cape of Good Hope.

South Africa becomes a constitutional democracy.

Feedback
This question tests your understanding of the development and composition of South
African law. Study Learning Unit 3 of the Study Guide (p 42) for the correct answer to
this question.

Question 7
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Read the following scenario and answer the question that follows:
Phillip and Henry are a homosexual couple who live together in a cohabitation
relationship. They join a group of believers in their area to practice their faith with other
people who share the same beliefs as they do. However, Phillip and Henry are no longer
welcome to attend the services hosted by group, after certain members find out that
they are homosexual.
Which normative system is applicable to this scenario?

community mores

religion

the law

individual morality
Feedback
In this question your understanding of the four normative systems is tested. You are
required to identify the normative system which is applicable to the scenario. Study
Learning Unit 1 of the Study Guide (pp 15-22, especially p 19 and p 22) to find the
correct answer.

Question 8
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Which one of the following statements about the connection between the law and
rights is most correct?

The law and rights have no connection.

Rights determine specific aspects of the law.

The law and rights are the same thing.

The law determines specific aspects of rights.

Feedback
In this question your understanding of the connection between the law and rights is
tested. Study Learning Unit 2 of the Study Guide (pp 32-33) as well as Activity and
Feedback 2.3 (2)(pp 37-38) to find the correct answer to the question.

Question 9
Complete
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Complete the sentence by choosing the correct option from the list below:
The _________________ is/are often consulted by judges, practitioners and academics, and
may have great influence when a legal principle or legal rule has to be determined.

customary law

effective system of case reporting

views of modern legal writers

common law
Feedback
In this question your understanding of the two kinds of sources of South African law,
namely authoritative and persuasive sources of law, and the examples belonging to
each of these kinds of sources of law is tested. Study the focus areas in Lesson 6 and
Learning Unit 6 of the Study Guide (p 106) and Activity and Feedback 6.2 (1) (pp
108-109) to find the correct answer to this question.

Question 10
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Choose the correct option below, which best describes the following statement:
“This specific area of law is concerned mainly with the question of which private-law
system applies if more than one private-law system is involved in a scenario.”

mercantile law

public law
conflict of laws

labour law
Feedback
South African law is divided into different divisions, areas, or branches of law. Two of the
learning outcomes of Learning Unit 5 of the Study Guide require you to memorise the
different divisions of law and their descriptions given in Learning Unit 5. Studying the
focus areas provided in Lesson 5 as well as the diagram on page 68 of Learning
Unit 5, will certainly assist you in mastering the different divisions of South African
law.
In this question we test your knowledge and understanding of the description of one of
the many different divisions of law that exist in South African law. Study Learning Unit 5
of the Study Guide (p 73) to find the correct answer to this question.

Question 1
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Read the following scenario and answer the question that follows:
Jane Mothibe agreed with Brilliant Car Repairs to repair her motor vehicle. In terms of
the contract, Brilliant Car Repairs would provide the parts and the labour for which Jane
would pay them R 10 000. Brilliant Car Repairs did not perform in terms of their contract
and Jane decided to take them to court.
What is Jane’s “right to appear in court” called?

a human right

a personal right

a real right

a capacity
Feedback
This question tests your understanding of the term “right” that has another meaning in
everyday language. Study Learning Unit 2 of the Study Guide (p 32) to find the
correct answer to this question.

Question 2
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Which one of the following real-life situations does NOT fall under private law?

agreement to cut off branches

repair work to motor vehicle

voting in municipal elections

payment of private school fees

Feedback
In this question your understanding of the two methods which are used to divide the
South African law into main divisions is tested. This question specifically tests your
understanding of the first method, namely public and private law. The difference
between public and private law is tested in a scenario question, an application question,
which is more difficult. The question requires you to first distinguish between public and
private law. Only then, you will be able to identify the real-life situation which does not
fall under private law. Study Learning Unit 1 of the Study Guide (pp 9-13) to find the
answer to this question.

Question 3
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Read the following scenario and answer the question that follows:
Tom Mothibe is in a hurry to get to work and drives 120 km/h in a 60 km/h zone.
Suppose the police summons Tom to appear in court for committing a serious traffic
offence in terms of the National Road Traffic Act 93 of 1996.
Which main division of South African law will be applicable to Tom’s court appearance
after being summonsed to appear in court for committing a serious traffic offence?

traffic law

public law

substantive law

private law
Feedback
South African law is divided into different divisions, areas, or branches of law. In Learning
Unit 5 of the Study Guide we deal with public and private law as main divisions of South
African law. In this question we test your understanding of the meaning of public
and private law as main divisions of South African law, as well as the differences
between these two main divisions. We also test your ability to apply your
knowledge to a scenario. Study Learning Unit 5 of the Study Guide (p 69) for the
correct answer to this question.

Question 4
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Read the scenario and answer the question that follows:
Sipho concluded a contract of sale with Zodwa. In terms of this contract, Sipho
undertook to sell his motor car, a red Mazda CX3, to Zodwa for R163 000. They agreed
that Zodwa will pay the purchase price when Sipho delivers the car to her. When Sipho
wanted to deliver the car, Zodwa refused to pay the purchase price. She told Sipho that
she no longer liked the Mazda CX3 and decided to buy another motor car, a white
Toyota RAV.
In the scenario above both Sipho and Zodwa have rights in terms of the private
law? Which rights are we referring to?

real rights
personality rights

movable rights

human rights
Feedback
You must understand the meaning of the concept "right". You must know the four
private-law rights, namely (1) real rights; (2) personality rights; (3) intellectual property
rights/immaterial property rights; and (4) personal rights. And then you must know the
examples of each of the four private-law rights. This question requires you to identify the
private-law right that is applicable to the scenario. Do not be misled by the facts of the
scenario that refer to the contract of sale between Sipho and Zodwa which may imply
that Sipho and Zodwa have personal rights in terms of the private law. The answer is not
personal rights because personal rights is not one of the options of the question. Study
Learning Unit 2 of the Study Guide (pp 27-29) for the answer to this question.

Question 5
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Read the following scenario and answer the question that follows:
Tom Mothibe is in a hurry to get to work and drives 80 km/h in a 60 km/h zone. He is
fined for speeding because he contravened the National Road Traffic Act 93 of 1996.
To which kind of sources of law does the National Road Traffic Act 93 of 1996 belong?

parliamentary sources of law

persuasive sources of law

secondary sources of law

authoritative sources of law

Feedback
In this question your understanding of the two kinds of sources of South African law,
namely authoritative and persuasive sources of law, and the examples belonging to
each of these kinds of sources of law is tested. Study the focus areas in Lesson 6 and
Learning Unit 6 of the Study Guide (pp 101-102), specifically Activity and Feedback
6.2 (1) (pp 108-109) to find the correct answer to this question.

Question 6
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Read the following scenario and answer the question that follows:
Phillip and Henry are a homosexual couple who live together in a cohabitation
relationship. They join a running group in their community to improve their fitness.
However, after certain members of the running group find out that they are homosexual,
they ignore Phillip and Henry when they attend the running group’s sessions.
What is the sanction for NOT complying with the norms of the normative system of the
running group in this scenario?

disapproval by the couple’s families

prosecution by a state organ

individual or personal discontent

rejection by a group of the community

Feedback
In this question your understanding of the sanctioning applicable to the four normative
systems is tested. Before you can determine which sanction will be applicable to the
scenario, you must first identify the normative system which is applicable to the
scenario. Study Learning Unit 1 of the Study Guide (pp 15-22, especially p 19 and p
22) to find the correct answer.

Question 7
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Which one of the following was known as the church law of the Roman Catholic
Church after the fall of the Western Roman Empire?

Canon law

Roman Catholic law

Roman-Dutch law

Justinian law
Feedback
This question tests your knowledge of the role that the Roman Catholic Church and its
church law played after the fall of the Western Empire. Study Learning Unit 3 of the
Study Guide (p 44) for the correct answer to this question.

Question 8
Complete
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Read the following scenario and answer the question that follows:
Jane Mothibe agreed with Brilliant Car Repairs to repair her motor vehicle. In terms of
the contract, Brilliant Car Repairs would provide the parts and the labour for which Jane
would pay them R 10 000. Brilliant Car Repairs did not perform in terms of their contract
and Jane decided to take them to court.
Which further subdivision of the law of obligations is applicable to the agreement
between Jane Mothibe and Brilliant Car Repairs in this scenario?

law of delict

law of things

law of contract
law of patrimony
Feedback
Private law is one of the main divisions of South African law. Different divisions of
law or legal disciplines fall under private law. Studying the focus areas provided in
Lesson 5 as well as the diagram on page 68 of Learning Unit 5 of the Study Guide, will
certainly assist you in mastering the different divisions of private law in South African
law.
Study Learning Unit 5 of the Study Guide (p 68 and pp 71-72) to find the correct
answer to this question which requires you to identify the further subdivision of the
law of obligations that will be applicable to the agreement concluded between the
two parties in the scenario.

Question 9
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Indicate whether the following statement is true or false by choosing
the correct option below:
“In every legal matter the Constitution of the Republic of South Africa, 1996 is the first
source of law that must be consulted.”

True, because the Constitution is the supreme law of South Africa and no other law may
be in conflict with it.

False, because the Constitution was not adopted through the usual parliamentary
process.

False, because different types of scenarios will require the consultation of different
sources of law.

True, because the Constitution is the benchmark against which all other laws must be
tested for fairness.
Feedback
This question tests your understanding of the status and the use of the Constitution of
the Republic of South Africa, 1996 as a source of law in solving legal matters.
Study Learning Unit 6 of the Study Guide (p 101) to find the correct answer to this
question.
Question 10
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Which of the following legal systems does NOT fall under the religious legal family?

Islamic

Jewish

Marxism

Hindu
Feedback
Learning Unit 4 of the Study Guide teaches you that there are different legal systems
in the world. All these legal systems form part of a world legal order. The different legal
systems in the world are grouped or classified into families of law (legal families) or legal
cultures. Study the diagram in the focus areas of Lesson 4 on the ILW1501-22-S1
module site under myModules 2022 on myUnisa for a better understanding of the
different legal families in the world.
Study Learning Unit 4 of the Study Guide (p 64) for the correct answer to this
question.

Question 1
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Which one of the following is NOT an authoritative source of South African law?

Indigenous African law

Islamic law
Common law

Judicial precedent
Feedback
In this question your understanding of authoritative sources of South African law and
the examples belonging to this kind of source of law is tested. Study the focus areas
in Lesson 6 and Learning Unit 6 of the Study Guide (pp 101-106), specifically
Activity and Feedback 6.2 (1) (pp 108-109) to find the correct answer to this question.

Question 2
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Complete the following sentence about the law by choosing the most correct option:
In South Africa, law is regarded as…

norms set by individuals.

norms set by religious groups.

norms set by communities.

norms set by the state.

Feedback
In this question your understanding of the concept of law is tested. Study Learning Unit
1 of the Study Guide (pp 7-9, and p 22) to find the answer to this question.

Question 3
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What is the correct term used for African customary law that has to some extent been
recorded in writing, for example in legislation, court decisions and textbooks?

living customary law

primary customary law

unofficial customary law

official customary law

Feedback
This question tests your understanding of the different meanings of the concept of
African customary law. See Learning Unit 3 of the Study Guide (p 52) for the correct
answer to this question.

Question 4
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Read the following scenario and answer the question that follows:
Ms Masina and Ms Seoke live in Protea Glen Estate in Soweto and have been neighbours
for some time. Ms Masina does not care about the environment and regularly burns all
her garden refuse by making a big fire. This is a huge nuisance to Ms Seoke and makes
life very unpleasant for her.
Which subdivision of the law of patrimony is applicable to this scenario?

law of persons

law of things

law of personality

law of delict
Feedback
Private law is one of the main divisions of South African law. Different divisions of
law or legal disciplines fall under private law. Studying the focus areas provided in
Lesson 5 as well as the diagram on page 68 of Learning Unit 5 of the Study Guide, will
certainly assist you in mastering the different divisions of private law in South African
law.
Study Learning Unit 5 of the Study Guide (p 68 and p 71) to find the correct answer
to this question which requires you to identify the subdivision of the law of
patrimony that will be applicable to the scenario.

Question 5
Complete
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Read the following scenario and answer the question that follows:
Samantha recently completed her law degree and asks her friend, Mary, to lend her
R1000 so that she can buy a beautiful dress to wear at her graduation. Mary agrees, on
condition that Samantha gives her a sound system as security for the debt. As soon as
Samantha repays Mary the R1000, Mary will return the sound system to Samantha.
What is the above arrangement between Samantha and Mary called?

a property right

a real right

a pledge

a servitude
Feedback
You must understand the meaning of the concept "right". You must know the four
private-law rights, namely (1) real rights; (2) personality rights; (3) intellectual property
rights/immaterial property rights; and (4) personal rights. And then you must know the
examples of each of the four private-law rights. This question tests your knowledge of
the examples of a real right. It is important to know that there are real rights (ownership)
and limited real rights (servitude and pledge). This question requires you to identify the
example of the limited real right that is applicable to the scenario. Study Learning Unit
2 of the Study Guide (pp 27-28) for the answer to this question.

Question 6
Complete
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Question text
Different legal systems influenced the development and composition of South African
law. Which legal system did NOT officially play a role in the development and
composition of South African law?

Roman-Dutch law

English law

Roman law

African customary law

Feedback
Study Learning Unit 3 of the Study Guide, Activity and Feedback 3.2 (1) (p 55 and p
57) for the correct answer to this question.

Question 7
Complete
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Read the following scenario and answer the question that follows:
Marcus is searched by the security guards in Pick ‘n Pay after being suspected of
shoplifting. As they go through Marcus’ backpack, several items which he had not
purchased are found inside. The police are then called to handle the matter further.
What is the sanction for NOT complying with the norms of the normative system
applicable to Marcus in this scenario?

individual or personal discontent

prosecution by a state organ

rejection by Marcus’ family

disapproval by the community
Feedback
In this question your understanding of the sanctioning applicable to the four normative
systems is tested. Before you can determine which sanction will be applicable to the
scenario, you must first identify the normative system which is applicable to the
scenario. Study Learning Unit 1 of the Study Guide (pp 15-22, especially p 19 and p
22) to find the correct answer.

Question 8
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Which one of the following is NOT a requirement for a custom to be recognised as a
legal rule?

existence of the custom for a long time in the community

general recognition and observation of the custom by the community

reasonableness and fairness of the custom

contents of the custom must be written down by the community

Feedback
This question tests your understanding of custom as an authoritative source of South
African law, more specifically the requirements required for a custom to become a
legal rule. See Learning Unit 6 of the Study Guide (pp 104-105) to find the correct
answer to this question.

Question 9
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Which one of the following is a legal subject in terms of the private law in South
Africa?

a family photo

an unborn baby

a dog

a grandfather
Feedback
This question tests your understanding of the concept "legal subject". You must know
the meaning of the concept "legal subject" and you must also be able to identify a legal
subject. Make sure that you understand the difference between a legal subject and a
legal object. Study Learning Unit 2 of the Study Guide (pp 25-27) for the correct
answer to the question.

Question 10
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Which further subdivision of testate succession will come into operation when a
deceased has left no valid will?

law of persons

law of intestate succession

law of testate succession

law of estates
Feedback
Private law is one of the main divisions of South African law. Different divisions of
law or legal disciplines fall under private law. Studying the focus areas provided in
Lesson 5 as well as the diagram on page 68 of Learning Unit 5 of the Study Guide, will
certainly assist you in mastering the different divisions of private law in South African
law.
Study Learning Unit 5 of the Study Guide (p 68 and pp 71-72) to find the correct
answer to this question which requires you to identify the further subdivision of testate
succession that will be applicable when a deceased has left no will.

Question 1
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Which one of the following is NOT a factor that will explicitly be considered in
determining whether a limitation of a right is reasonable and justifiable in an open and
democratic society based on human dignity, equality and freedom, as per section 36 of
the Constitution of the Republic of South Africa, 1996?

The relation between the limitation and its purpose

The importance of the purpose of the limitation

The nature and extent of the limitation

The social status of the persons affected

Question 2
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Once law has been declared unconstitutional by a court of law, who must confirm the
unconstitutionality of the specific law before it has legal force?

Public Protector

Constitutional Court

President
Parliament

Question 3
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Complete the following sentence by choosing the correct option below:
In the case of S v Makwanyane and Another (CCT 3/94) 1995 (3) SA 391 (CC), the
Constitutional Court decided that the death penalty is an infringement of the
fundamental rights to…

freedom of belief and opinion.

physical and bodily integrity.

life and human dignity.

freedom and security of the person.

Question 4
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Which two types of civil proceedings can legal practitioners use to institute civil cases?

action and defence proceedings

action and application proceedings

appeal and review proceedings

summons and trial proceedings

Question 5
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Which one of the following is NOT a ground upon which court proceedings of lower
courts may be reviewed by higher courts?

corruption of presiding officer

absence of court’s jurisdiction

gross irregularities in procedure

error in court’s decision

Question 6
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In our law there is the notion that the law applies to everyone equally. What is this
notion called?
Indicate the most correct option:

rule of law

justice

democracy

ubuntu

Question 7
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Read the following scenario and answer the question that follows:
Two men have been murdered in a drive-by shooting in Mitchells Plain, Cape Town, in
what is believed to be a gang hit. The suspects fled the scene but were later arrested and
charged with murder. Police confirmed that the accused, Gerwin Morris and Warren
Davies, are members of the Junky Funky gang, one of the notorious gangs on the Cape
Flats. Since they fled the scene of the crime, they were denied bail. You are their attorney
and must answer several questions asked by their family members.
Gerwin’s grandmother is heart-broken and wants to know whether her grandson will be
punished with the death penalty. You comfort her by telling her that the death penalty
no longer exists in South Africa.
Which sources of South African law will you use to prove to Gerwin’s grandmother that
the death penalty is an unconstitutional form of punishment in terms of South
African law?

legislation and case law

criminal law and case law

common law and case law

constitutional law and criminal law

Question 8
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Which one of the options best relates to the following statement?
"All legal practitioners are expected to act ethically."
Most legal professionals are subject to a high duty of care as the legal profession
functions as a service system to private entities only.

Should a legal practitioner be found guilty of unethical behaviour, this is easily remedied
and limited to payment of a fine.

A Code of Conduct sets out rules and standards relating to ethics, conduct and practice
for legal practitioners and juristic entities.

Unethical conduct by legal professionals or abuse of their positions is not considered to

be a serious offence.

Question 9
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Read the following scenario and answer the question that follows:
The Western Cape Parliament has published legislation in which it states that fishers
must in future obtain a permit in order to sell fish to tourists on the beach. The fishers
are very upset and regard the legislation as contrary to the provisions of the Bill of
Rights.
Which application of the Bill of Rights is involved in this scenario?

general application of the Bill of Rights

neutral application of the Bill of Rights

vertical application of the Bill of Rights

horizontal application of the Bill of Rights

Question 10
Complete
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 Flag question
Question text
Read the following scenario and answer the question that follows:
The Western Cape Parliament has published legislation in which it states that fishers
must in future obtain a permit in order to sell fish to tourists on the beach. The fishers
are very upset and regard the legislation as contrary to the provisions of the Bill of
Rights.
Which specific fundamental right of the fishers has been infringed in this scenario?

right to freedom of association

right to freedom of expression

right to freedom of movement

right to freedom of trade