Paper details
1.This document consists of three pages.
2.This assessment constitutes 45 per cent of the total mark for this module.
3.The University rules and regulations regarding plagiarism are applicable. Students found to be in contravention of these rules and regulations will be referred to the Student Discipline Court for prosecution. You are required to work independently.
4.Your response to both questions below must not exceed a total of 3000 words. Criminal law homework help
5. Your answer must be typed on a Microsoft Word document and presented in size 11 Arial font, with 1.5 line spacing and numbered pages. Please copy and paste the assignment header at the end of this document and insert your details. Two marks will be allocated for compliance of instructions.
6. Use footnotes to reference your work. Footnotes are included in the word count.
7. Ensure that your response is meticulously proofread and free of any grammatical errors.
8.You are encouraged to set out your work in paragraphs with headings as may be appropriate
Question 1: Introduction to Constitutional Law [23 marks]
Consider the following as a context:
George owns a small farm along the pristine Wild Coast region of the Eastern Cape Province. The local municipality wishes to erect a road closer to the coast to replace a much longer inland route. George’s farm falls within the path of the proposed road and the Municipality offers to purchase the farm from George. George refuses the offer and the municipal official indicated that this is a compulsory acquisition. George arranges a meeting with the official and tells this official that he believes that this must be contrary to the Constitution of South Africa and his rights. However, when the official asks George what section of the Constitution he is invoking to challenge the acquisition, Georgehesitantly replies: ‘Uhmm, I cannot mention any one section…it’s just…the vibe of the thing.’Criminal law homework help
Now answer the following questions:
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- Explain whether the Constitution of South Africa has a ‘vibe’, as described by George, or themes or foundational values that underscores all its provisions. If so, set out what these themes or foundational values are.
(3 marks)
1.2 George’s farm was subsequently sold and some of the workers who lived on the farm now found themselves destitute and without adequate shelter. One of the workers believes that the Government has failed in its duty to provide access to housing. Section 26 of the Constitution of South Africa provides that:
“(1) Everyone has the right to have access to adequate housing.
(2) The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right.”Criminal law homework help
Write a carefully structured and well-reasoned essay in which you explain how the Constitutional Court has interpreted the following provision:
“the state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of this right”.
Answer the question by referring specifically to the case of Government of the Republic of South Africa and Others v Grootboom and Others 2001(1) SA 46 (CC).[1] Your answer must contain a brief summary of your own understanding of the case.
(20 marks)
Question 2: Introduction to Criminal Law [20 marks]
Lindiwe is a 40-year-old woman who lived with her husband, Luke, in their marital home for over 15 years. Luke abused Lindiwe over many years, both mentally and physically. Over the past few months Lindiwe had been involved in a discreet extra-marital affair with another man.
On the night of the 20June, after drinking four glasses of whisky, Luke came across text messages that Lindiwe had sent to her secret lover on her mobile phone. When Luke decided to confront her about being unfaithful to him, Lindiwe denied everything. This enraged Luke and, in response, he became verbally abusive and assaulted her. Lindiwe managed to take refuge in their bedroom and locked the door behind her.Criminal law homework help
Twenty minutes after locking herself in their bedroom, she decided to go to the kitchen to make some dinner and took a gun with her. However, when Luke saw her, he shouted: ‘I am going to end your life tonight’ and he picked up a kitchen knife and rushed towards her. Whilst he was rushing towards her with the kitchen knife, Lindiwe frantically, and in a moment of crisis and panic, pointed the gun in his direction and pulled the trigger. Luke sustained a fatal gunshot wound to the chest and he died on the scene.
Lindiwe was subsequently arrested and charged with murder. Lindiwe approaches you for advice and states that she intends to plead self-defence. Prepare an opinion[2] in which you advise Lindiwe on her prospects of successfully raising this defence. In your answer, refer to the relevant legal principles and case law. Structure your opinion using the [IRAC] format.
[Question 1: 23 marks]
[Question 2: 20 marks]
[Compliance: 02 marks]
[1]You are expected to download case law on your own through the library online databases.Criminal law homework help
[2]A legal opinion is a written interpretation or analysis of a legal position by a professional legal practitioner which is intended to be relied on by the person to whom it is addressed. In other words, a legal opinion is the opinion of a particular legal practitioner about the application of the law to a particular set of facts and usually contains conclusions or recommendations.
[1]You are expected to download case law on your own through the library online databases.
[1]A legal opinion is a written interpretation or analysis of a legal position by a professional legal practitioner which is intended to be relied on by the person to whom it is addressed. In other words, a legal opinion is the opinion of a particular legal practitioner about the application of the law to a particular set of facts and usually contains conclusions or recommendations. Criminal law homework help