SCL1501/201/2/2024

Tutorial letter 201/2/2024

SKILLS COURSE FOR LAW STUDENTS

(SCL1501)
Semester 1

IMPORTANT INFORMATION:
This tutorial letter contains important information
about your module.

Open Rubric
Dear student
This tutorial letter contains feedback or comments on Assignments 01 and 02 of the first semester.

______________________________________________________________________________

FEEDBACK ON ASSIGNMENT 01
______________________________________________________________________________

QUESTION 1

- Law is a system of rules (½ ) governing human conduct, ( ½ ) and it is recognised by the

state ( ½) and is also enforceable ( ½ ).
- Although law is rules (or system of rules). Not all rules are law, because rules may be any
guideline/instructions. (1) On the contrary, law is more than just rules and comprises all the
aspects (recognition by the state, controlling human conduct and enforceability)
(1)
- Whereas rules have a sense of control only among members of the community, unlike law,
rules are not recognised and enforceable by the state but only by an organisation or
institution which has created them. (1)
QUESTION 2
- The “state” is a non-physical /notion/ conception of a citizens’ or people’s with common
identity who through a social contract have decided to belong to that “unseen” entity. (1)

- The extract illustrates the idea that citizens do play a role in the preservation of law and
order in a democratic state. (1) The basis for this role is the notion of a “social contract”
which all citizens are deemed to signed or agreed to in order to determine how they will
live with one another. (1)

- Members of society a common government to which have entrusted the responsibility, by

social contract, to protect them and maintain peace and order. (1)The rule of law is
therefore the basis upon which the social contract is premised. (1)

2.2
- Section 7 of the Constitution provides that '[the] Bill of Rights is a cornerstone of
democracy in South Africa. (1) It enshrines the rights of all people in our country and affirms
the democratic values of human dignity, equality and freedom.' (1) The belief that people

2
SCL1501/201

should be treated equally under the law is one of the cornerstones of our constitution. (1)
Yet not all citizens have been treated equally throughout the nation’s history, and some are
treated differently even today. (1)
- The law serves the interests of the powerful political elite, at present and post 1994 it is
influenced by the ideology of non-racialism (Freedom Charter) (1)
- The Constitution is crafted in such terms that uphold the Freedom Charter views (libertarian)
e.g. the words “We, the people of South Africa” (preamble of the South African
Constitution). (1) Such wording shows that law is not value-free/neutral but is
influenced by the interests of those in power. (1)

QUESTION 3
3.1

-In terms of the extract, Mr Kiba’s approach does not amount to praxis. (1) This is so
because he was mainly concerned with getting the driver’s licence without ensuring that he
also develops the necessary skills to enable him to drive. (1) “Praxis” is premised on
reflection and action (theory and practice/knowledge and skills or application). (1) The
extract confirms that, it is not enough to get the driver’s licence, but rather what is
important is for one to be able to use that licence effectively when the situation demands.
(1) It was difficult for Mr Kiba to move the truck because he was not patient to develop his
driving skills properly at the driving school . (1) Therefore, Kiba failed to blend knowledge
and the relevant skills since he could not be properly tested at the Licensing department.
(1)

3.1.1 In the text, Motlanthe makes a spectacularly good case for reflection as a great
characteristic or attribute for the human species. (1) Essentially, according to Motlanthe,
anyone who has his/her sense of reflection in a suspended mode is no different from an
animal or an object, for that matter. (1) He emphasises the point that the minute one stops
reflecting one is as good as dead. (1) It is in this sense that he values the ability to think or
reflect as a very precious thing that sets human beings apart from animals and non-human
objects or things. (1)

3.1.2 The concept, “subjective being” refers to the idea that leaners are complete human
beings with a mind of their own, values and experiences. (1) Their brains are thus not
empty vessels. (1) In other words, as subjects, rather than objects, learners may question
3
information and relate that information to their lived experienced. (1) Kgalema Motlanthe
emphasizes this point by stating that questioning, critical thinking and self-reflection form
subjective becoming because without critique/reflection human beings lose their sense of
‘personhood’ and drift towards being non-human. (1)

3.3.3 Kgalema Motlanthe emphasize s that learners must be active participants in the
learning process. (1) In other words, as subjects, rather than objects, learners may
question information and relate that information to their lived experienced. (1) He
emphasizes this point by stating that questioning, critical thinking and self-reflection
form subjective becoming because without critique/reflection human beings lose their
sense of ‘personhood’ and drift towards being non-human. (1)

QUESTION 4
The form of irrelevance in argument applicable is the argumentum ad hominem. (1) This
refer to an aspect of irrelevance in argumentation, which comes about when the criticism is
based on the person or arguer (1), rather than the argument. (1) the words “your argument
is totally unacceptable because you are still young, from a rural Province and have never
been to America…” (1) indicates/reflects a personal attack on the arguer. (1)

4.2
The introduction of the Legal Practice Act repeals legislation which was traditionally
separate for attorneys and advocates namely, the Attorneys Act and the Admission of
Advocates Act (1) and that the proposed commonality wipes out the distinction between
attorneys and advocates. (1)
-Attorneys in terms of the Act will no longer play “middleman” between the public and
advocates and this gives the public a choice in who to approach as their legal
representative. (1)
-All legal practitioners will be regulated under a single independent body referred to as the
Council. (1)

4
SCL1501/201

QUESTION 5

Item/service Fees Costs/Expenses

Letters received R927

Letters written R1155

Stamps/Postage R83.38 √
(R72.50 + vat @15%)
Affidavit R1504.50 √
1½ pages: 2xR88.50 =R177.00
2½ pages: 3xR88.50= R265.50
5½ pages: 6xR88.50= R531.00
5½ pages: 6xR88.50= R531.00
Telephonic consultation R1165.50 √
23 min: 3xR129.50= R388.50
11½ min: 2xR129.50= R259
36 min: 4x129.50= R518
Consultation R6769 √
33 min: 2xR967= R1934
2½ hrs: 5xR967=R4835
Advocate’s fees R2553.00 √
(R2220.00 + vat @15%)
Specialist’s fee R3849.63 √
(3347.50 + vat @15%)
Total=R11 521 Total=R6486.01 √

Vat @ 15% R1728.15 √

= R13 249,15√
+ Expenses R6 486.01
TOTAL DUE R19 735,16√

[40 MARKS]

5
______________________________________________________________________________

FEEDBACK ON ASSIGNMENT 02
______________________________________________________________________________

QUESTION

Indicate the correct statement

The Skills Course for Law students (SCL1501) deals with:

A) The importance of skills in our studies and legal profession

B) Effective learning and banking education

C) Tasks or activities as more important than knowledge

D) Integration of knowledge with theory and cases

ANSWER: A

QUESTION

Indicate the correct statement.

The following holds true for meaningful education:

A) No relation exists between studying and learning

B) It is correct for students to easily confuse studying and learning

C) Dialogue is essential for learning

D) Learning is a core element of banking education.

ANSWER: C

QUESTION

Indicate the correct statement

The following aspect appropriately describes banking education:

A) Paulo Freire promotes banking education because it appropriates reasoning capacity

B) Questioning or interrogation of information enhances banking education

C) Banking education gives a balance between studying and learning

D) Banking education undermines the notion of praxis

ANSWER: D

6
SCL1501/201

QUESTION

Indicate the incorrect statement.

All of the following are suggestions for improving your listening skills except:

A) Sympathising with the speaker

B) Paraphrase the speaker

C) Empathising with the speaker

D) Maintain eye contact with the speaker

ANSWER: A

QUESTION

Indicate the correct statement

The reason why non-verbal communication is important is because:

A) 35% of one’s message is communicated verbally

B) 65% of the message is transmitted verbally

C) Influence and perception are at the centre of legal practice

D) A magistrate/judge readily accepts non-verbal messages

ANSWER: C

QUESTION

Indicate the correct statement

The following holds true for “examination-in-chief”:

A) The witness is not allowed to tell his/her version of events

B) All leading questions are allowed

C) The lawyer asks his/her own witness questions

D) The lawyer punches holes in the witness’ testimony

ANSWER: C

7
QUESTION

Indicate the correct statement:

When does an Act of Parliament come into force?

A) After it has been signed by the President

B) Immediately after it has been passed by the Parliament

C) After it has been signed by the President and published in the Government Gazette

D) After it has been passed by Parliament and signed by the President

ANSWER: C

QUESTION

Indicate the correct statement:

Which one is regarded as a presumption when reading or interpreting legislation?

A) Legislation is presumed to contain meaningless sections

B) Legislation is presumed to intend to achieve reasonable and non-partisan

consequences.

C) Legislation is presumed to change existing law, particularly common law

D) Legislation is presumed to apply retrospectively

ANSWER: B

QUESTION

Indicate the incorrect statement

A) The procedure in action proceedings is started by way of summons

B) Action proceeding is used when there are no fundamental disputes on the facts of the case
between the parties involved

C) The parties in action proceedings are the Plaintiff and the Defendant

D) Ex parte application is another type of civil case

ANSWER: C

8
SCL1501/201

QUESTION

Indicate the correct answer

Which of the following court will never be “the court of first instance”?

A) The High Court

B) The Magistrate’s court

C) The Supreme Court of Appeal

D) The Constitutional court

ANSWER: C

QUESTION

Indicate the correct statement

If a case goes on appeal and the appellant wins, we would say:

A) The appeal was dismissed and the decision upheld

B) The appeal was dismissed and the decision reversed

C) The appeal succeeds and decision upheld

D) The appeal succeeds and the decision reversed

ANSWER: D

QUESTION

The trial stage before the cross-examination is referred to as:

(A) Main examination

(B) First cross-examination

(C) Examination-in-chief

(D) Re-examination

ANSWER: C

9
QUESTION

Indicate the incorrect statement

The following characterises a student as a subjective being:

A) Interaction and dialogue with the teacher or lecturer

B) Engaging and questioning current affairs

C) Memorisation and regurgitation

D) Research on the subject matter

ANSWER: C

QUESTION

Indicate the incorrect statement

The Act has to undergo the following processes in order to be effective:

A) Passed by the Parliament

B) Signed by the President

C) Signed by the minister

D) Published in the Government Gazette

ANSWER: C

QUESTION

Indicate the correct statement

When a matter was heard in a Magistrate Court, appealed to the High Court and further appealed
to the Supreme Court of Appeal (SCA), the High Court would be regarded as:

A) The “court of first instance” to the matter in SCA

B) The “court a quo” to the matter in Magistrate Court

C) The “court a quo” to the matter in SCA

D) Both the “court of first instance” and “court a quo” to the matter in the SCA

ANSWER: C

10
SCL1501/201

QUESTION

Indicate the correct statement

Argumentum ad hominem

A) Is allowed during cross-examination

B) Is a form of irrelevance in arguments

C) Is irrelevant only in criminal cases

D) Is relevant at any stage of the trial

ANSWER: B

QUESTION

Indicate the correct statement

An attorney applies numeracy skills when performing the following duties:

A) When dealing with the high court matters only

B) When calculating damages and making claims on behalf of the clients

C) When giving advice on car collision matters only

D) When consulting with the clients

ANSWER: B

QUESTION

Indicate the correct statement

Letsoalo, Raligilia and Mahlobogwane are partners in the firm MGOs (Pty) Ltd. How much will
Letsoalo get if they have agreed to share in the firm’s profit of R450 000 on the basis of the ratio 1:
2: 3?

A) R150 000,00

B) R210 000,00

C) R139 999,00

D) R75 000,00

ANSWER: D

11
QUESTION

The salvage value of Boledi Moretsele’s Chevrolet Spark is R25 000. How much may he claim
from the defendant if it has become uneconomical to repair after an accident? The pre- accident
value of the Spark was R130 000.

A) R110 000,00

B) R105 000,00

C) R90 000,00

D) R80 000,00

ANSWER: B

QUESTION

Indicate the incorrect statement.

The following are characteristics of the concept “law”:
A) People who break laws can pay a fine or go to jail
B) Rules are laws
C) Law is a system of rules
D) Law applies to human beings
ANSWER: B [20 MARKS]

______________________________________________________________________________

FORMAT OF YOUR EXAMINATION PAPER

______________________________________________________________________________

As indicated in your Tutorial Letter 101/3/2024, the total marks for the SCL1501 examination will
be 100, which mark will be adapted to 80. The examination paper will be 100% multiple-choice
questions. It will as a result; consist of 50 (fifty) multiple-choice questions. You must choose ONE
statement as your answer for each question. Each question counts TWO marks. The paper will
cover ALL the learning units in this module.

Best wishes

Ms PAN Nyawo (Module Leader)

Tel: 012 433 7810 Email: [email protected]

Dr FM Mahlobogwane
Tel: 012 433 9535 Email: [email protected]

12
SCL1501/201

Adv KH Raligilia
Tel: 012 433 9444 Email: [email protected] PRETORIA

13