Faculty of Law

Comm Law Tutorial (06/03/2024)

 Chapter 1

1. What is law? What is Commercial Law? (2)

• Law is a set of rules that regulate how society should co-habit amongst
• each other. Commercial Law deals with laws in a business setting/ laws
regulations within the business environment.
2. What is the highest law-making body in South Africa? (1)
• Parliament
3. What is the highest law of the land? What does this mean for other laws
and conduct in South Africa? (3)
• The Constitution of the Republic of South Africa– this means that any law
or conduct that is inconsistent with it will be rendered invalid.
 Chpt 1 Cont.
4. Section 8 of the Consumer Protection Act provides that a minor cannot purchase an alcoholic beverage. Lisa, an 18-
year-old African male went to Barneys Tarven one Friday evening and he was refused entry and the manager claimed
that only white people are allowed in there.
• With reference to this, answer the following:
4.1 Can you limit a person’s right? Why? (3)
• Yes, section 36 of the Constitution allows for a person’s right to be limited if it is reasonable and justifiable to do
so.
4.2 Was Barneys correct in refusing Lisa entry? (2)
• No, the manager limited Lisa’s right in an unjustifiable manner (discriminated against Lisa based on his race).
5. What are the 3 branches of government in South Africa? (3)
a) The Judiciary
b) Legislature
c) Executive
6. Can the above branches perform duties of another simultaneously? Why? (2)
• No, because of the principle/ doctrine of separation of powers.
7. List 4 sources of South African law. (4)
a) The Constitution
b) Customary Law
c) Customs
d) Legislation
e) Common Law
f) Case Law
g) International Law
h) Foreign Law
 Chpt 1 Cont.

8. Can customary law be inconsistent with the Bill of Rights? Explain, make
reference to the leading case. (3)
• No, the court in Bhe v Magistrate Khayelitsha found that the male
primogeniture rule which gave men the right to inherit property but
denied woman the same right was unconstitutional.
9. A case of rape in Grahamstown High Court was decided similarly to
another case of rape in Supreme Court of Appeal, why do you think this
was done? What do we describe this principle as and what is the advantage
of this principle? (3)
• Judicial Precedence, this principle allows for consistency and fairness.
10. List at least 4 South African main Courts in accordance to their
hierarchy. (4)
a) Constitutional Court
b) Supreme Court of Appeal/ Labour Appeal Court
c) High Court/ Labour Court
d) Magistrate Court
 Chapter 2

1. List and briefly describe the branches of law. (6)

a) International Law – made up of international treaties/ conventions/ agreements
entered into / signed by a number of states, these are the same for all states that
have signed into these.
b) Foreign Law – refers to laws of other countries, other than South African laws, e.g
laws of Zambia/ Zimbabwe.
c) South African National Law – these are laws in South Africa, i.e our law is based on
Roman-Dutch Law, English Law, the Constitution and other laws (e.g Consumer
Protection Law, Labour Relations Law, etc.)
2. How is South African law divided? (3)
d) Public Law
e) Private Law
f) Procedural Law
2.1 Briefly describe what each branch’s purpose is. (3)
g) Public law regulates the relations between the state and its citizens – there is a
vertical relationship.
h) Private law regulates the relations between private individuals in the country – there
is a horizontal relationship between these individuals.
i) Procedural law – has to do with the way legal rules are enforced or applied in a
specific matter.
 Chpt 2 Cont.
2.2For each division above, list at least 2 branches. (6)
a) Public law – Constitutional law and Administrative law
b) Private law – Mercantile law and the Law of Obligations
c) Procedural Law – Law of Evidence and Criminal Procedure law
3. When parties are in dispute about a certain issue, they often approach the court to
resolve such a matter (trial procedure). Can you briefly describe the phases in the trial
procedure. (8)
• The Pleadings – the aggrieved party will, through his lawyer, issue summons to the
defendant. The defendant will, in return, notify the plaintiff by sending notice of
intention to defend using a plea.
• The Trial – this is a process by which the court tries to resolve a dispute between the
parties. Both parties will get an opportunity to argue their case, provide evidence and
witnesses will lead evidence in support of both parties’ claim.
• Appeals and Reviews – An appeal is a process by which a party that believes the
court’s decision was incorrect in law, appeals the decision. No new evidence is heard
during an appeal. A review is a process where a party believes that the court’s
decision was reached in an improper manner, applies to court for a review. The party
may be of the belief that the judge was biased or unfair.
• Enforcement of Judgments – the judge will deliver judgement and, if, e.g, it is a
criminal matter, either the accused will be imprisoned/ released if not found guilty. In
a civil matter, the order will payment of a sum of money by the person found liable
(judgment debtor).
4. What is the difference between an appeal and a review? (2)
• Ref number 3 above.
5. Can you mention 2 legal subjects recognized by South African law? (2)
a) Natural persons
b) Juristic persons
6. What does it mean to be a legal person/ subject in South Africa? (3)
• A legal person has capacity to exercise legal rights and have legal action
taken against them, or they can take legal action against someone.
•Chapter 3
1. What is a provision? (1)
2. Why do you think we need to interpret statutes? Provide atleast 2
examples. (5)
3. Briefly describe what it means to interpret statute? (4)
4. What is the responsibility of Parliament? And what is the court’s
responsibility when it comes to laws? (2)
5. When it comes to interpreting statutes, courts are required to promote the
spirit and purport of fundamental rights in the Bill of Rights, what do we
refer this as? (1)
6. List 4 approaches to interpretation of statutes. (4)
7. From the approaches listed above, which approach finds little support? Is
there an exception to this, explain? (3)
8. Which provision is important when interpreting the BOR? Can you give an
illustration of this importance? (3)
Any Questions?