Rrllb81: Tutorial Letter 103/1/2024

RRLLB81/103/1/2024
Tutorial Letter 103/1/2024
Research Report
RRLLB81
Semester 1
Department of Criminal and Procedural Law
IMPORTANT INFORMATION:
This tutorial letter contains important information

about your module.
Contents
SECTION A: PREPARING ASSESSMENTS 02 AND
03…………………………………..……………………………………………………………………….5
1 INTRODUCTION .......................................................................................................................... 5
2 LEGAL RESEARCH ..................................................................................................................... 6
3 THE RRLLB81 RESEARCH JOURNEY ....................................................................................... 6
4 THE RESEARCH JOURNEY FROM SELECTING THE TOPIC TO SUBMITTING

ASSESSMENT 2 .......................................................................................................................... 7
4.1 Selecting a topic ........................................................................................................................... 7

4.2 Formulating your own research question, title, and research aim/hypothesis in respect of the topic
you chose ..................................................................................................................................... 8
4.3 Researching the topic you have chosen........................................................................................ 9
4.3.1 Types of sources ........................................................................................................................ 10
4.3.1.1 Primary sources .......................................................................................................................... 10
4.3.1.2 Secondary sources ..................................................................................................................... 10
4.3.2 Accessing reliable sources of legal information ........................................................................... 11
4.3.2.1 A word of caution on the use of the Internet as a source of information ...................................... 11
4.3.2.2 Databases for reliable, authoritative and persuasive sources of law ........................................... 12
4.3.3 Evaluation of sources.................................................................................................................. 13
4.4 Construct an outline .................................................................................................................... 14
4.5 Drafting Assessment 2 ................................................................................................................ 16
4.5.1 Adding content to your report outline .......................................................................................... 16
4.5.2 Components/elements of your draft (and final) research report(s)............................................... 16
4.5.2.1 Front cover ................................................................................................................................. 16
4.5.2.2 Declaration of authenticity ........................................................................................................... 18
4.5.2.3 Abstract ...................................................................................................................................... 18
4.5.2.4 Keywords .................................................................................................................................... 19
4.5.2.5 List of abbreviations and acronyms ............................................................................................. 19
4.5.2.6 Table of contents ........................................................................................................................ 20
4.5.2.7 Introduction ................................................................................................................................. 20
4.5.2.8 Body / Middle chapters ............................................................................................................... 21
4.5.2.9 Conclusion .................................................................................................................................. 23
4.5.2.10 Bibliography .......................................................................................................................... 23
4.6 Some observations concerning legal writing ............................................................................... 24
4.6.1 Keep it clear and simple .............................................................................................................. 24
4.6.2 Hallmarks of good academic legal writing ................................................................................... 24
4.6.2.1 Clear ........................................................................................................................................... 24
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4.6.2.2 Concise....................................................................................................................................... 24
4.6.2.3 Formal ........................................................................................................................................ 25
4.6.2.4 Substantiated .............................................................................................................................. 25
4.6.2.5 Rational ...................................................................................................................................... 25
4.7 Flow of ideas............................................................................................................................... 25
4.7.1 Bridge sentences ........................................................................................................................ 25
4.7.1.1 The recapitulating bridge............................................................................................................. 26
4.7.1.2 The implication or complication bridge ........................................................................................ 27
4.7.1.3 The question ............................................................................................................................... 27
4.7.2 Transition words and phrases ..................................................................................................... 28
4.7.3 Practical suggestions on how to ensure proper flow.................................................................... 29
4.8 Proofreading, editing and submitting your draft ........................................................................... 29
4.9 Ensuring that a Turnitin originality report is created for your submission ..................................... 30
4.9.1 How to submit your document to Turnitin ....................................................................................... 30
4.9.2 Round robin run upon the closing of the assessment .................................................................. 35
4.9.4 What to do if you have any problems with any aspect of Turnitin ................................................ 36
5 THE RESEARCH JOURNEY FROM AFTER SUBMISSION OF ASSESSMENT 2 TO
SUBMITTING ASSESSMENT 3 ................................................................................................. 36
5.1 Ongoing revision ......................................................................................................................... 36

5.2 What to expect from the assessment of Assessment 2 ............................................................... 36
5.3 Very important warning concerning Assessment 3 ...................................................................... 37
5.4 Tasks involved in preparing your final research report ................................................................ 38
SECTION B: TOPICS FOR ASSESSMENT 2 AND ASSESSMENT 3……………….39
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Dear Student
You must submit two formative assignments for this module (Assessment 1 and
Assessment 2), and one summative assignment (Assessment 3).
• Assessment 1 is a multiple-choice assignment, consisting of twenty (20) questions.
Assessment 1 contributes 25% towards your year mark. Your year mark contributes
40% towards your final mark.
• Assessment 2 is a draft research report. A draft, in this sense, is a preliminary version

of a piece of writing. The work you submit as Assessment 2 will therefore be a
preliminary version of the research report that forms the outcome of this module. The
idea behind this assignment is for us to monitor your progress with the writing of the
final research report. From Tutorial Letter 103/1/2024 (this tutorial letter) you are
required to select ONE (1) topic and base your Assessment 2 AND Assessment 3 on
that topic. From the topic you have selected, you are required to formulate you
own working title or the title of your research report. You may NOT change topics
once you have selected a topic.
Assessment 2 may not exceed 12 pages, excluding the Title Page, Table of Contents,
other preliminary material (such as your list of abbreviations and acronyms) and the
Bibliography. You MUST reference this assignment according to the School of Law
reference style, which is discussed in Tutorial Letter 102/3/2024 and
LLBALLF/302/4/2022.
Assessment 2 contributes 75% towards your year mark. Your year mark contributes
40% towards your final mark.
• Assessment 3 is your final research report and is a revision of your draft research
report.
The final research report (or Portfolio) constitutes the examination. You will submit it
as Assessment 3, and you must submit it using the normal methods of submission,
even though it is the examination for this module.
The final research report may not exceed 15 pages, excluding the Title Page, Table of
Contents, other preliminary material (such as your List of Acronyms and Abbreviations)
and the Bibliography. If you ignore this limitation, the part of your research report that
exceeds the prescribed length will not be marked, and the research report will be
assessed purely on the first 15 pages.
Assessment 3 contributes 60% towards your final mark, while the year mark contributes
the remaining 40%. You must achieve 40% as the subminimum in the examination
(Portfolio/Assessment 3) before your year mark will be taken into account. In other
words, if you do not obtain at least 40% in the examination (Portfolio/Assessment 3),
your year mark will NOT be taken into account when your final mark for the module is
calculated. Your examination mark will then be your final mark.
TO SUMMARISE: There are two formative assessments for this module. Both are
compulsory. The marks for the two assignments constitute your year mark (Assessment 1
contributes 25% towards your year mark, and Assessment 2 contributes 75% towards your
year mark). Assessment 1 is a multiple-choice assignment. For Assessment 2 you will
submit a draft research paper. You will continue to work on improving the draft even after
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submission thereof. Research is a sustained endeavour of writing, revising, and rewriting.
Once you have received feedback on your draft research paper, you will further improve
your research report by heeding and responding to the comments and suggestions. The
final product will be submitted as Assessment 3, which constitutes your summative
assessment. You will not write an examination in this module.
NOTE: NO EXTENSION IS GRANTED FOR LATE SUBMISSION OF

ASSIGNMENTS AND NO ASSIGNMENTS ARE ACCEPTED VIA E-MAIL.
This tutorial letter consists of two main sections, SECTION A and SECTION B. SECTION
A contains study material relevant to Assessments 2 and 3. It also provides important
information relating to the planning and writing of these assignments. SECTION B contains
the topics for both assignments. There are topics from each Department in the School of
Law. SECTION B starts on page 39 of this tutorial letter.
SECTION A
PREPARING ASSESSMENTS 2 AND 3
1 INTRODUCTION
As human beings, we cannot possibly claim to be in possession of all information. Even
where we are in possession of a lot of facts, we often have to admit that we do not really
understand the significance of the data or appreciate the intricate interconnectedness
thereof. Research is sparked by what we do not know or understand. Often, it begins with
a question. The question might not even be clear, as we might have insufficient knowledge
to formulate a meaningful question. As we gather more information, our comprehension of
the subject at hand grows; we discover what is clearly established or trite, and we start
seeing the murky depths of the unexplored. As our knowledge and understanding grow
more complex, our questions become more clearly defined and sophisticated. By the time
you take this module, you are a senior law student whose questions should reveal a level
of sophistication and clarity of thought appropriate for one who has travelled some
distance on the journey of exploring the mysteries of the law.
Research entails a careful and systematic investigation or study of a subject aimed at

discovering information or establishing facts. When properly carried out, the process of
research should enhance the researcher’s understanding of the subject and allow him or
her to draw valid conclusions from the factual findings or information discovered.
The acquisition of knowledge proceeds from basic to specialised. Once in possession of

sufficient information to be able to formulate a question worthy of serious investigation, we
can start to collect data or information germane to that particular problem. At
undergraduate level, we might not be in possession of sufficient knowledge or have the
required maturity of thought to make ground-breaking discoveries, but that does not mean
that we are not capable of doing research. To fill the gaps in our own knowledge and
understanding, we might need to research a question to which others, who have dedicated
a great deal of their lives to the study of a particular field, might already have produced
adequate answers. Answers which we cannot (yet) improve upon. Research at this level is
not primarily aimed at making a truly original contribution that moves the boundaries of
knowledge in a significant way, but it surely is intended to increase and enrich the
researcher’s own knowledge and understanding of the subject matter.
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Of course, there is no single, final answer to most questions that are worth exploring. As
unique individuals we are capable of contributing to the creation of knowledge by
organising, processing and analysing information in a fresh way, and by expressing our
findings in a distinctive voice. Researchers seldom set out to reinvent the wheel. We can
and do learn from others’ endeavours — the very existence of educational institutions
attests to that. Obviously, the better the sources of information used and the more
accurate the facts gathered through research, the more likely the researcher is to find valid
and meaningful solutions or answers to his or her questions. This is true of all learning, but
producing a research report entails more than harvesting existing information: It requires
the researcher to sort information relevant to the particular research question from that
which is irrelevant, to combine or synthesise what he or she has learnt in a structured,
systematic, meaningful, accurate and scientific way, and to give form to the knowledge
gained and the insights arrived at through the process of investigation. Out of the many
sources of information gathered, the researcher creates a new product using human
ingenuity. Just as two musicians in possession of the same music score would never
produce the exacts same music, so two researchers researching the same topic will not
produce the exact same end product.
2 LEGAL RESEARCH
Is law a suitable subject for research?
As you must have discovered along your journey as a law student, the content of the law is
not always simple, and the meaning thereof is almost always subject to interpretation.
Even where the content of the law is readily discernible, its application to specific
situations might not be obvious. Law applies to a wide range of human activity.
Developments in almost any sphere of human activity necessitate the creation or
adaptation of legal rules. Sometimes, entirely new law is required to cater for previously
unencountered problems following in the wake of new scientific discoveries. Humans live
in a constantly changing reality, and the law governing that reality likewise needs continual
review.
The complexity of the content, meaning, interpretation, application and implications of the
law gives rise to questions deserving of planned, thorough, systematic investigation,
analysis and conclusions. It comes as no surprise that law counts among the earliest
subjects taught and researched at universities. In fact, the University of Bologna, which
many regard as the oldest continuously operating university in the world, started off as an
institute devoted to the study of law.
Legal research is also an essential part of legal practice. Lawyers routinely engage in legal
research of varying complexity. They have to find relevant sources of law, read them
meticulously, interpret them carefully and analyse them critically. In the litigation context,
lawyers have to depend on research for planning their strategy and formulating their
arguments based on authority. An advocate who seeks to persuade a court of appeal to
adopt a certain position must be able to substantiate his or her arguments with an appeal
to relevant sources, correctly interpreted. Counterarguments must be criticised
persuasively. Every lawyer is expected to stay abreast of the latest legal developments.
This requires research which might include studying new legislation, or evaluating the
extent to which new case law represents a departure from established principle.
3 THE RRLLB81 RESEARCH JOURNEY

As a law student you have already studied the basic principles of law in various subject
fields. You might perhaps have used research skills in research assignments during your
previous years of study. You have completed the module LME3701 which serves as a
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foundation for RRLLB81. In LME3701, you were provided with a synoptic overview of
essential legal research themes specifically for the novice legal researcher in the legal
research planning stage. At its core, LME3701 is grounded on research methodology and
includes reference to the legal research conventions needed to execute basic academic
legal research in preparation for writing up a research report in your fourth year of study as
part of RRLLB81. While LME3701 is designed to communicate general aspects of the
research process and to demonstrate the planning phase connected to research in the
field of law, RRLLB81 is designed to culminate in the eventual writing up of a research
report. So, while LME3701 focused on the legal research methodology necessary for
drafting a research proposal, RRLLB81 focuses on the process that follows upon
the research proposal. Every research project in RRLLB81 presupposes a research
proposal, but you will not be required to submit a research proposal for purposes of
RRLLB81, and whatever planning you have done in the form of a research proposal will
not be assessed in RRLLB81. It is presumed that you know how to do a research
proposal, and that you have done the necessary research planning in accordance with
what you have learned in LME3701. Since an acceptable research report cannot be
produced without planning, we will briefly touch upon certain aspects of the planning
phase of your research without repeating everything that you were taught in LME3701.
We realise that you are not yet an established researcher, or, at least, an established legal
researcher. Research can be done at various levels. At the lowest level, you might get a
basic question to which you must find a rather straight-forward answer. At the other end of
the spectrum, an established researcher has almost full autonomy over the research
process, from identifying the topic to getting the results published without any supervision
or content-related advice. The current research project (RRLLB81) is situated between
these two extremes, but much closer to the former than to the latter. Hence, you are given
a list of topics that experts consider viable. To further assist you, the problems to be
investigated are described in some detail. You are not required to start at ground zero.
You are presented with some information, pointers, a few initial sources and some
instructions. While this is certainly a great help, it simultaneously narrows the scope of
what you are allowed to do. Read the topics very carefully, noting the set parameters, the
limitations and the focus of the enquiry, and what you are expected to do and not to do.
In an attempt to lay the groundwork for a systematic approach to the writing of your
research report, we will describe the process of doing research from choosing a topic to
submitting the final portfolio (Assessment 3). We will split the process in two phases, the
first stretching from selecting a topic to the submission of a draft research report
(Assessment 2), and the second stretching from that point to the submission of your final
research report (Assessment 3).
4 THE RESEARCH JOURNEY FROM SELECTING THE TOPIC TO

SUBMITTING ASSESSMENT 2
4.1 Selecting a topic
In this module, you are offered a list of topics from which you must choose one suitable to
you. These topics have been drafted with care.
Every Department in the School of Law has identified and drafted topics for this
module. The topics are included in SECTION B of this tutorial letter.
Once you have considered all the research topics, you should make your selection. This,
in itself, is a process. You will probably be able to eliminate certain topics because they do
not interest you at all. You are likely to end up with your own shortlist of topics that you
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think have potential. You might find a topic amusing enough, but still be uncertain whether
it will hold your attention for the duration of your research project. The only way to find
greater certainty is to do some initial reading. Find a good secondary source such as a text
book or a scholarly journal article on the topic and read it attentively. If it does not grab
your attention, look for another topic. Allow your mind to wonder a little, exploring
interesting angles, pondering the possible direction(s) that the topic may lead you in.
Although you are not allowed to re-write the topic to suit your own preferences, you are
allowed some room for manoeuvring in that you are required to formulate your own title,
and your title would be aligned to your research question. Your research topic and
research question would define your personal approach to the inquiry, but they must relate
to the topic as described in this tutorial letter.
Study the topics carefully. Note the topic area, focus and instructions of each of the
available topics as described in this tutorial letter. Topic area refers to the broad area of
the law you are being invited to consider. Look for any indications of how you are expected
to focus your enquiry. Focusing a topic is crucially important. A topic should be focused to
allow the researcher to explore the topic in sufficient depth and detail. The topics provided
were drafted by different persons from different Departments. They reflect a diverse range
of interests and personal approaches. Some may already be sufficiently focused, while
others might allow you greater room for shaping your own unique interest. If you do not
focus your research as described in the topic, you might be overwhelmed by the huge
selection of sources, and you might have difficulty selecting what to include in your study.
If you interpret the focus of the topic as provided too narrowly, you might find that there are
too few sources to refer to and that you do not have enough to say on the topic, and you
may end up repeating yourself in your research paper. The instructions will specify what
you are expected to do with your knowledge.
While it is very important to choose a topic that interests you, you should also bear in mind
the time and resources at your disposal.
4.2 Formulating your own research question, title, and research

aim/hypothesis in respect of the topic you chose
As we said in the Introduction, research is sparked by what we do not know or understand.
A poor question is one to which we already know the answer. A good question directs us
to search for and discover something worthwhile. To ask a proper and valid question, one
needs to have sufficient knowledge. Knowledge leads to questions, and the quest for
answers gives rise to further questions. The better your knowledge base, the better you
will be able to formulate a question worthy of serious investigation.
You must formulate a research question from the topic you choose. When formulating
the research question, try to do so in a single sentence. The research question is intended
to help you focus your enquiry. It should guide you along your research journey when you
have to decide on a title for your report, which sources to consult, which information to
include (and, just as important, which information to omit), how your report should be
structured, what sort of argumentation to employ, and, ultimately, what your findings and
conclusions should pertain to. It is therefore crucial to craft this navigational tool very
carefully. Your research question should be one that can be solved in the scope of your
research report. However, it should not be a question to which a mere ‘yes’ or ‘no’ answer
would suffice.
Once you have formulated your research question, you are ready to craft a title for your
report. For this module, you are required to formulate your own title from one of the topics
provided. The topics are fleshed out in some detail, some more so than others. Some are
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more specific than others. The scope you have for defining your own title would therefore
depend on the degree of specificity with which the topic you choose has been
circumscribed.
The title must be brief and descriptive and must capture the essence or main thrust of your
study without casting the net too wide. The title must reflect the research problem you
are investigating. While the research question consists of a sentence that asks something,
the title is neither a full sentence, nor a question. It is a description of the problem you are
investigating in as few words as possible.
One cannot arrive at a research question and title without some serious reflection. In the
process, you are most likely to form a preliminary idea of what the answer to your research
question may be, where your research may lead to, what the outcome would be, or, at
least, what you aim to achieve with your research. This preliminary idea is your
hypothesis. It must be verifiable or falsifiable through your actual research. A hypothesis
is therefore an assumption in the form of a statement that is provisionally assumed to be
true at the outset of the research journey, but that must be proven to be either correct or
incorrect through the research. A research question can often be transformed into a
hypothesis by changing it into a statement. Put differently, a hypothesis constitutes a
tentative answer to a research question. See the following example which illustrates the
interrelationship between a topic, a research question, a title and a hypothesis.
EXAMPLE
Topic: Physician-assisted suicide and the protection of human rights
Research question: Would recognition of physician-assisted suicide serve to safeguard the

constitutional right to security in and control over one’s body?
Title: Physician-assisted suicide as expression of the right to security in and

control over one’s body
Hypothesis: Recognition of physician-assisted suicide endorses the right to security

in and control over one’s body.
4.3 Researching the topic you have chosen

Armed with a research question, a title and a hypothesis, you are now ready to begin
researching the topic. At this point, you will already have done some initial reading.
However, the gathering of sources will now begin in earnest.
It is very important to keep records and copies of all of the information you obtain. You
should create a folder on your computer for storing copies of the electronic sources that
you obtain, and a hardcopy folder for all hardcopy sources or photocopies thereof. Get all
the bibliographical information while you are researching so you do not have to go back
later for this purpose. There is nothing so frustrating as having to spend hours searching
for bibliographical information of sources you already have. See Tutorial Letter 102/3/2024
for the type of information you will require to include in your bibliography in respect of each
type of source. Make notes of where you found information that you could not download,
print or photocopy in case you have to retrieve it later. You are strongly advised to keep a
‘working bibliography’ as you do your research – do not postpone this until you start writing
the text.
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Devise a system of note-taking that works for you. It must be methodical and logical. You
may wish to keep a research journal or a literature review in which you summarise the
important aspects of each source that you know you would like to integrate in your
research report (with citation of the sources so you can return to them later). Try to put
information into your own words and articulate your understanding of the material. Always
keep your research question in mind. Base your notes on your understanding and
interpretation of the key ideas and concepts in the material and how they relate to your
research question and hypothesis. This will help to ensure that you find a use for your
notes within the structure of your research report.
It is helpful to paraphrase the information in your own words while you are taking notes to
avoid plagiarism later. If you do take quotes directly from the source, make a note of that.
Quotes should be accurate to the finest detail. When you write the research report, you will
have to clearly show that you are quoting in order to avoid allegations of plagiarism, and
you will have to cite the specific page or paragraph number on which you found the quote
in the relevant source.
Remember to keep all your original notes and earlier drafts of your assignment. These
may prove invaluable if material is deleted from your computer. Keep back-ups as well.
It is important to know from the outset which types of sources to search for and how to find
relevant and reliable sources.
4.3.1 Types of sources

We differentiate between primary sources and secondary sources (more about that directly
below). You are expected to use a wide variety of sources. You must consult applicable
primary sources (the Constitution of the Republic of South Africa, 1996, legislation, case
law), and as many secondary sources (books, journal articles, and Internet sources) as
reasonably possible. You may even use more unusual sources such as videos, interviews,
etc. Avoid relying too heavily on Internet sources.
In this module, (most) topics come with a list of preliminary sources that you are expected
to consult. You must consult those sources, but you may not restrict your research to
those sources. You are expected to find and read additional sources, and to integrate
them into your research report.
4.3.1.1 Primary sources

Primary sources constitute the body of the law, and include the Constitution of the
Republic of South Africa, 1996, statutes, common law, regulations, by-laws, reported and
unreported court cases, treaties, and conventions. Primary sources emanate from bodies
with the authority to lay down the law, be it Parliament (in the case of statutes or Acts of
Parliament, local authorities (in the case of by-laws), ministers empowered by statute (in
the case of regulations), or the judiciary (in the case of case law/precedent). Primary
sources have binding force and are authoritative in nature. You cannot do proper legal
research without consulting applicable primary sources.
4.3.1.2 Secondary sources

Secondary sources of law explain, interpret, analyse and comment on the legal position as
contained in primary sources. Typical secondary sources are textbooks, monographs,
scholarly articles, comments and case discussions published in law journals, legal
encyclopaedias and dictionaries, and theses and dissertations. Secondary sources often
present a good starting point for research, as they contextualise legal problems, provide
background information, systematise and organise information, and discuss and integrate
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the primary sources of law. Secondary sources usually explain legal principles. Good
secondary sources are supplied with proper citations and references to primary sources of
law, as well as other worthwhile secondary sources. Consulting secondary sources of law
allows you to learn from others’ efforts and can save you time by exposing you to the
basics of a particular area of law, helping you understand the key concepts you are going
to be confronted with, and identifying essential statutes and case law that you would need
to consult. Noting the sources cited in the footnotes and referenced in the bibliographies of
a few good secondary sources enables one to find relevant sources on a particular topic
very quickly.
Secondary sources vary in scope and depth. Some secondary sources, such as
dictionaries and encyclopaedias may provide a mere overview of a particular topic, while
others, such as books for subject specialists, research articles, theses and dissertations
can give you an in-depth analysis of a specialised topic. Secondary sources are not all
equally reliable. It is advisable to consult the latest editions of secondary sources such as
textbooks, and it is always important to note the date of publication of such sources so as
to avoid relying on a discussion of law that is no longer in force (unless, of course, you are
doing historical research).
Unlike primary sources, secondary sources do not have binding authority, although they
may have persuasive authority in courts. (Remember, though, that a primary source from a
foreign jurisdiction does not have binding authority in a local jurisdiction.) It is, therefore,
never sufficient to restrict your research to secondary sources.
4.3.2 Accessing reliable sources of legal information
4.3.2.1 A word of caution on the use of the Internet as a source of information

In LME3701, you were warned against the dangers inherent in using the Internet as a
source of information (see section 1.1.1 of the study guide for LME3701). The Internet is a
wonderful source of information, but the problem with using it for research is that not all the
information is reliable. Articles and other scholarly contributions published in accredited
journals undergo peer review before being accepted for publishing. This means that such
sources have been subjected to critical review by subject specialists and found to be
reliable and of an acceptable scientific standard. Anyone can publish on the Internet,
though. Wikipedia is a case in point. In the ‘Introduction to Contributing to Wikipedia’, it is
stated that ‘Wikipedia is a free encyclopedia, written collaboratively by the people who use
it.’ It is further made clear that ‘[a]nyone can edit almost every page’ and the website is
‘edited entirely by volunteers’. See ‘Introduction to Contributing to Wikipedia’ (Wikipedia
https://en.wikipedia.org/wiki/Help:Introduction_to_Wikipedia accessed 21 April 2021.
Although using search engines such as Google, Yahoo, DuckDuckgo, Ask or Bing can
direct you to websites and articles on a topic in an instant, you need to sort through the
search results with a healthy dose of scepticism and a critical mind to find sources that are
useful and reliable. Look for the name and credentials of the author of information found
on a website to help you decide whether or not the author is qualified to write
authoritatively about the topic. Also consider any affiliation that the author might have with
an organisation or commercial enterprise, as that may influence the author’s views and
impartiality. Scientific information should be free of bias (of course, we all have certain
points of departure and word views, and when we contribute scientifically to a project, we
are expected to express them so the reader could take that into account when reading
your contribution). The URL and domain name could give you an indication or a hint as to
the author’s affiliations, in any: If the domain name contains ‘.com’ or ‘.biz’, it may indicate
the commercial intent of the website. If the domain name contains the suffix ‘.org’, it
indicates affiliation with an organisation. Domain name suffixes such as ‘.edu’ and ‘.gov’
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suggest a greater degree of reliability of the contents of the website. Be wary of
information posted on law firms’ websites as they are (mostly) intended for members of the
public as legal lay-persons and lack the rigour of academic publications.
Another problem inherent in using the Internet for legal research is that the information
presented on a website might relate to a foreign, or unidentified jurisdiction. Nothing gives
a marker a better indication of the lack of knowledge or insight on the side of a student
than if the student unwittingly presents foreign legal rules, principles, concepts and
definitions as if they apply to South Africa.
Fortunately, there are also some useful collections of academic works on search engines.
Google Scholar, for instance, provides a quick and user-friendly way to search for
scholarly literature, such as articles, theses, and books, while content such as newspaper
articles, magazine articles and editorials are excluded from the search results.
As the author of your research paper, you take full responsibility for the veracity and
reliability of the sources you rely on. The Internet may be a quick and easy research tool,
but it should be utilised with great caution. It is, for instance, much safer to rely on sources
such as articles published in accredited journals and books in the collections of
respectable university libraries.
4.3.2.2 Databases for reliable, authoritative and persuasive sources of law

There are many databases available for research. The following are databases you may
consider for authoritative and persuasive sources of law.
LEGISLATION
Acts Online Full-text

Jutastat Full-text
My LexisNexis Full-text
Sabinet Full-text
CASE LAW
Court websites Full judgments / court documents

Jutastat Full judgments
My LexisNexis Full judgments
SAFLII Full judgments
TEXTBOOKS
Google Books Index of books, but in some cases, also full access or limited access
SACat Index of books available in South Africa
Unisa Library catalogue Index of books available in the Unisa Library You can request all of these books
for your research, if needed, and the Unisa library will post them to you.
JOURNAL ARTICLES
ISAP Index of journal articles in South Africa. You can also request these articles the
Unisa library.
HeinOnline Index and full access to international law journals (including certain South African
law journals)
SA ePublications Index and full access to South African journals (including certain South African law
journals)
Google Scholar Index of articles from international journals (including South Africa) but also full
access or limited access in some cases
Unisa e-journals Links to electronic journals (by name)
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Below is an alphabetical list of all the databases listed above and where to find them:
Law database Link / where to find

Acts online http://www.acts.co.za
Court websites Certain South African courts have their own websites where they publish their
judgments. For example, the Constitutional Court website can be found at
http://www.constitutionalcourt.org.za. You can search the internet for other
court websites, but also see SAFLII below.
Google Books http://books.google.co.za
Google Scholar http://scholar.google.co.za
HeinOnline Go to the Unisa library website. Click on the ‘Find e-resources’ under ‘Search
the Library’ > ‘Accept’. Click on ‘A to Z’, then on ‘H’ in the alphabetical list,
and scroll down to ‘HeinOnline’.
ISAP Go to the Unisa library website. Click on the ‘subject databases’ link under
‘Online collections’. Click on ‘law’ and then click on the ‘ISAP (Index to
Southern African periodicals)’ link.
Jutastat You can access Jutastat only from a computer on the Unisa campus. Click on
the ‘Find e-resources’ under ‘Search the Library’ > ‘Accept’. Click on ‘A to Z’,
then on ‘H’ in the alphabetical list, and scroll down to.
My LexisNexis You can access My LexisNexis only from a computer on the Unisa campus.
Click on Click on the ‘Find e-resources’ under ‘Search the Library’ > ‘Accept’.
Click on ‘A to Z’, then on ‘H’ in the alphabetical list, and scroll down to
Sabinet Go to the Unisa library website. Click on the ‘Find e-resources’ under ‘Search
the Library’ > ‘Accept’. Click on ‘A to Z’, then on ‘H’ in the alphabetical list,
and scroll down to.
SACat Go to the Unisa library website. Click on ‘subject databases’ under ‘Online
collections’. Click on ‘law’ and then on ‘SACat’ .
SA ePublications Go to the Unisa library website. Click on ‘subject databases’ under ‘Online
collections’. Click on ‘law’ and then on ‘SA ePublications’.
SAFLII http://www.saflii.org/
E-journals Go to the Unisa library website. Click on the ‘e-journals’ link under the
heading ‘Online collections’.
Unisa library Go to the Unisa library website. Click on ‘Find the library catalogue’ under the
catalogue heading ‘Find information’.
4.3.3 Evaluation of sources

The importance of critical evaluation of your sources cannot be stressed enough. You will
now have conducted a literature search. The next task is that of evaluation. If you have
conducted a literature survey, you are more than half way there. This involves reducing the
initial list to the materials you will use in writing the report. The task is not entirely separate
from the preparation of the working bibliography, since you will be selecting and discarding
material the whole time you are engaged in a literature search. Evaluation of material will
involve assessments about the currency of the work and the standing of the author. The
latter is a very difficult area, but it is one in which you will be called upon to make
judgments.
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4.4 Construct an outline
Once you have collected and read your sources, you can start with the very important
planning of the structure of your research plan. This is the time to organise your thoughts
more concretely with an outline. To construct an outline, you must group your notes
together and match information that fits together. Of course, it may be necessary to amend
your outline as you go along. As you move along on your research journey, you are bound
to discover new sources and will be exposed to new perspectives which may influence
your own stance and approach. The outline serves an important function, though, and that
is to help you organise and structure the information that you have gathered. It will give
you an overview of what you intend to do and the constituent parts or elements of your
planned report. You can assess relevance of the proposed contents of your paper against
the research question, the title and the hypothesis, and, in so doing, avoid wasting time on
drafting chapters, sections or paragraphs that are of mere peripheral interest, if not
irrelevant.
As is the case with any other writing, your research report must have a beginning, middle
and end. The beginning must catch the attention of the reader, paint the backdrop and
introduce and explain the problem. This chapter places your study in context. Since you
already will have spent some time on researching the topic, much of this would seem very
obvious to you, but remember that you cannot assume that your reader knows what you
know. You must ensure that you and your reader are ‘on the same page’, so to speak. You
also have to inform the reader how you are going to approach the question, explaining why
your approach should lead to satisfactory answers to the problem under investigation.
The middle part of your research report is where your research is given body. Here you
deal with the material and sources researched in a systematic way, element after element.
Organising the elements in a logical sequence is the key here. Chapter 3 must follow
logically on chapter 2, and chapter 4 must follow logically on chapter 3. The contents
presented in the middle chapters should provide all the proof upon which you will base
your conclusions (the final chapter). You may not introduce new ideas and evidence in the
concluding chapter. The conclusions you arrive at must be supported by the evidence and
arguments presented in the middle chapters. The reader must not, after reading your
conclusions wonder how you arrived at them. In fact, an attentive and intelligent reader
should be able to anticipate your conclusions after having read the body of your research
report.
The last chapter contains your conclusions. This chapter is a restatement of the findings of
your research. As you know by this time, the initial stages of research involve sifting
through a lot of information and sources. When deciding whether it is worth your while to
download and read a journal article, for instance, you most probably read the introduction
and the conclusions. Likewise, anyone who is trying to get an idea of the nature, contents
and relevance of your research report before reading the bulky middle section, should be
able to make a preliminary judgment by reading the introductory and concluding chapters.
The concluding chapter states the response/answer(s) to your research question without
going into details.
The working bibliography is not included in the outline without good reason – ensuring that
you update your bibliography as you go along is guaranteed to save you a lot of frustration
and time later on.
Your outline lists the main parts or components of your essay in a logical sequence. To
each of the main parts or components, you assign the ideas, evidence and arguments
captured in your notes. This entails sorting the facts and arguments in your notes under
the relevant main parts of your outline. An outline could be formatted as in the example
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below. This is merely one possible way in which to structure an outline and not a blueprint
or template that you must use as if cast in stone.
EXAMPLE
1 Introduction
1.1 Background to the research problem/problem statement
1.2 Research question
1.3 Hypothesis
1.4 Research methodology
1.5 Assumptions and points of departure
2 Main heading for Chapter 2
2.1 Main idea of paragraph/section #1
• Supporting detail 1
• Etc
• Etc
3 Main heading for Chapter 3
• Etc
• Etc
4 Conclusion
• Brief restatement of aim of study, but with the advantage of insights gained
through research
• Brief description of findings and conclusions emanating from chapter 2
• Brief description of findings and conclusions emanating from chapter 3
• Etc
• Final comment
5 Working bibliography
15
Depending upon how organised your outline is, you should be able to write your report
directly from the information in your outline.
4.5 Drafting Assessment 2

Assessment 2 is a draft version of your final research report. What this means is that
Assessment 2 must take the form of your final research report, and must contain all the
components of your final research report. It must, therefore be written as if it is your final
research paper, with the understanding that it will be submitted for formative assessment.
The idea is to monitor your progress, to assess where your work is in relation to the
outcomes expected, and to identify and indicate areas and aspects in need of
improvement so as to guide you towards moving closer to the ultimate goal. We
acknowledge that it is a work in progress and represents your first attempt to write the
research report.
4.5.1 Adding content to your report outline

If you have constructed an outline, you are armed with an underlying structure upon which
you can now build, and a scaffold for standing on while building. Remember when writing
your draft that your purpose is to present a coherent argument based on authority. If you
have trouble getting started, begin with a section that is straightforward. Do not put off
getting some words on the page. It is easier to polish a text than to write from scratch, so
even if your first paragraphs are not perfect, you can always (and, in fact, must) return to
them later to edit and improve them. Retain a willingness to be flexible at the initial draft
stage. Avoid the risk of regarding words on the page as unchangeable. Revising,
amending and editing of one’s research product is an ongoing task of all researchers. You
may even find that a certain section of your research product needs to be rewritten
altogether.
Your draft and final reports must contain an introduction, body and
conclusion/recommendations. At the risk of serious oversimplification, one can
state the nature of these three components as follows: In the introduction, you tell
the reader what you intend doing, in the body of the report, you do what you said in
the introduction that you will be doing, and in the conclusions, you state what you
have done. These three elements are the main components of your research paper,
but there are other components that should also be included in your report. In what
is to follow, we take a closer look at each of these components, in the order in
which they should appear in your research report.
4.5.2 Components/elements of your draft (and final) research report(s)
4.5.2.1 Front cover

The front cover is the very first page of your research report. Must take the following form.
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[TITLE]
by
[FULL NAMES AND SURNAME OF STUDENT]

(YOUR STUDENT NUMBER)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW

SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: MR LC COETZEE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE)
17
4.5.2.2 Declaration of authenticity
Directly after the cover page, and on a new page, you must include the completed
Academic Honesty Declaration. You will be penalised if the declaration is not included in
your research report, or if it is incomplete.
ACADEMIC HONESTY DECLARATION

1. I understand what academic dishonesty entails and am aware of Unisa’s
policies in this regard.
2. I declare that this assignment is my own, original work. Where I have
used someone else’s work, I have indicated this by using the prescribed
style of referencing. Every contribution to, and quotation in, this
assignment from the work or works of other people has been referenced
according to the prescribed style.
3. I have not allowed, and will not allow, anyone to copy my work with the
intention of passing it off as his or her own work.
4. I did not make use of another student’s work and submit it as my own.
5. I declare that I am aware of and accept the requirement that my work
must be submitted successfully through Turnitin for it to qualify to be
marked. I accept that a mark of 0% may be awarded if there is no
Turnitin report for my submission.
6. I confirm that I am aware that Assessment 2 and Assessment 3 must be
submitted in a searchable PDF file format and that it must not be
scanned as this will disable Turnitin. I accept that a mark of 0% may be
awarded for failure to submit either of these assessments in the correct
file format if it results in Turnitin not being able to generate a similarity
report.
FULL NAMES:
………………………………………………………………….………………….
STUDENT NUMBER:
………………………………………………………………….………………….
MODULE CODE: RRLLB81
DATE: …………………………………………………………….…………….
TOPIC SELECTED:
………………………………………………………………….………………….
MARK RECEIVED FOR ASSESSMENT 1: …..%
MARK RECEIVED FOR ASSESSMENT 2: …..%
4.5.2.3 Abstract
The abstract is a summary of the content of your research paper. It is intended as a time-
saving shortcut for researchers who want to determine whether it will be worth their time
and energy to read your research paper. As such, it serves as a guide to the most
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important aspects of the contents of your research paper. If a reader has read your
abstract, he or she should know what research you did, why you did it, what your main
finding was, and what the importance of the findings is.
The abstract is written when you have finished your research and have something to
summarise. It must appear at the beginning, though, and on its own page and should not
be more than 150 words in length. So, this summary is the last thing that you will write. It
must be headed ‘ABSTRACT’, in capital letters, Arial font, 12 pt size, bold, and must not
be numbered.
4.5.2.4 Keywords
Pick five key terms (single words or short phrases) that will give the reader a broad
overview of what the research is about (in other words, what the research concentrates
on). Keywords are intended to help indexers and search engines find relevant research
papers. So, if someone were to enter the keywords in a search engine, your research
paper should come up as one of the search results.
Choose your keywords carefully, ensuring that they—

• capture the essence of your research paper
• are specific to your field or sub-field of enquiry
This list of keywords must appear under the abstract and on the same page as the
abstract. It must be headed ‘KEYWORDS’, in capital letters, Arial font, 12 pt size, bold,
and must not be numbered.
4.5.2.5 List of abbreviations and acronyms

Provide a list (on its own, separate page) of any abbreviations and acronyms used
throughout the research paper. This should include the abbreviated titles of journals cited
and referred to in your bibliography. The list should be headed ‘LIST OF
ABBREVIATIONS AND ACRONYMS’ in capital letters, Arial font, 12 pt size, bold, and
must not be numbered.
Present the list in two columns. In the first column, headed ‘Abbreviation/acronym’,
present the abbreviations and acronyms, arranged alphabetically. In the second column,
give the full description (terminology or phrase or journal name).
EXAMPLE
LIST OF ABBREVIATIONS AND ACRONYMS
Abbreviation/ Meaning
acronym
AIDS Acquired immunodeficiency syndrome
CPA Criminal Procedure Act 51 of 1977
GSJ South Gauteng High Court, Johannesburg
HIV Human immunodeficiency virus
HPCSA Health Professions Council of South Africa
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PELJ Potchefstroom Electronic Law Journal
SAHRC South African Human Rights Commission
SALRC South African Law Reform Commission
THRHR Journal of Contemporary Roman-Dutch Law / Tydskrif vir Hedendaagse

Romeins-Hollandse Reg
Unisa University of South Africa
4.5.2.6 Table of contents

A table of contents is essential for Assessments 2 and 3. You will lose marks if it is not
included. The table of contents must be inserted under the list of abbreviations and
acronyms, and must appear on a new page.
The best way to create an accurate table of contents is by using the function on Word to
be found under ‘Home’ > ‘References’ > ‘Table of Contents’. You will only be able to use
this function if you have created heading styles for your first, second, and third level
headings in accordance with the prescribed format (see section 1.6 of Tutorial Letter
102/3/2024). For help on how to define heading styles, go to
https://support.microsoft.com/en-us/office/add-a-heading-3eb8b917-56dc-4a17-891a-
a026b2c790f2.
Updating the table of contents should be the very last thing you do before saving and
submitting your research proposal. (This is to ensure that the correct and final page
numbers are reflected on your table of contents.)
4.5.2.7 Introduction
The introduction should start on a new page, after the table of contents. It will be the first
element of your research report with a numbered heading.
Usually, you will have done a research proposal before embarking on the writing of a
research paper. As we said in section 3 above, every research project in RRLLB81
presupposes a research proposal, but you will not be required to submit a research
proposal for purposes of RRLLB81. The contents of a research proposal can be used as a
basis for your first, introductory chapter. The ‘Introduction’ section of the example of a
research outline, given in section 4.4 above, can also be used to structure your
introduction and to ensure that it contains the essential elements of an introduction.
An introduction is meant to help orientate the reader, it is an important first step in writing a
well-structured report. An introduction should announce your topic, provide context and a
rationale for your work, before stating your research question and hypothesis. Well-
written introductions set the tone for the report, catch the reader's interest, and
communicate the problem statement and hypothesis/research aims.
A good problem statement—

• introduces the reader to the topic being studied, and convinces the reader of the
importance of studying the topic (by presenting brief evidence of the existence of a
problem);
• fixes the research question and hypothesis on a firm basis, and gives a concise
description of the purpose of the research;
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• gives context to the topic and defines the parameters within which the problem will
be investigated; and
• sketches the framework for the research by showing how your report will be
organised or structured.
We do research to find scientific answers to questions. Before one commences with the
research, the issue or problem to be investigated must therefore be considered, clearly
delimited and explained. An explanatory exposition should be provided before the problem
statement is compactly formulated.
It is necessary to justify that the issue is indeed a scientific problem and, secondly, that it is
worthy of research and that it calls for resolution. The formulation of the problem statement
must convince the reader that the project should be undertaken.
The extent of the problem to be investigated must be appropriate for the nature and level
of the project. Do not undertake a study for an LLB that would be more appropriate for an
LLM or LLD study. Remember that the problem must be solvable within the confines of the
proposed investigation. The problem must be understandable. You must outline the
problem statement with sufficient clarity to prevent any qualms about the research.
Furthermore, the person who read the problem statement should be in no doubt about the
direction of the project.
Keep in mind that you are required to formulate your own research question and title. This
requires that you identify your own focus and perspective. For example, if a given topic
expects you to give a critical discussion of [x], it is not sufficient to say: ‘This research
report will give a critical discussion of [x].’ You need to give an indication of your own focus
and perspective. You could state: ‘This research report will give a critical discussion of [x]
from the perspective of [y]. The focus of the discussion will be on [z]. It is argued that [z]
results in such inconsistency of legal principle that serious reconsideration by our courts is
merited.’
Handy phrases to include are the following: ‘This report considers / does not consider …’;
‘This report will focus upon …’; ‘The [issue] will be explored … with reference to …’; ‘This
report will address the following issues which arise from [case]. First, [issue]. Secondly,
[second issue]. Finally, the question of [issue] remains unsettled.’ These are merely
examples of how to give expression to your own focus and perspective.
4.5.2.8 Body / Middle chapters

The body of your research paper is where you set out the arguments and evidence
supporting the answer(s) to your research question. The body must be divided in chapters,
and the chapters must be provided with headings and sub-headings. If, for example, you
chose to approach the topic from a historical and comparative perspective, you could have
a chapter on the historical development of the law, and another in which you investigate
the foreign jurisdiction chosen for the purposes of comparison. Again, your research
outline, properly done, could be of great assistance here, since it represents a scheme of
your arguments and thoughts organised according to the themes you identified from the
literature you had consulted.
(i) Headings and sub-headings
The body of the report must be divided into a number of sections. Think about what these
sections should be and begin each section with an indication of its purpose. The skilful use
of headings can provide very helpful signposts to the reader.
21
Spend some time arranging the headings in a logical order. Always bear in mind that you
are basically telling an academic ‘story’ which your reader must be able to follow. The
purpose of a heading is to tell your reader what the succeeding section is about. Headings
break up the text into meaningful units representing the main points you wish to make or
the main issues with which you are going to deal. Through the use of headings, the text is
presented in meaningful chunks, each making a new point, providing a new reason in
support of or disproving your hypothesis, or expressing a new opposing argument. While
these points or issues may be distinct, they all pertain to the central research question.
Hence, while it is important to divide your paper into its constituent parts with the help of
headings, the result should not be a fragmented paper consisting of disjointed ideas
presented in a random fashion. The flow of your story depends on good transitions from
one idea or issue to the next. Students often take the headings used in a source that they
consulted and force all their arguments under those headings; others simply slap together
the headings used in a number of different sources that they consulted. Both of these
approaches result in text that is difficult to follow due to lack of logical structure.
Be consistent in the use of headings. For example, if your research paper includes a
chapter on comparative law, you should have the same headings in respect of each of the
jurisdictions
It is very important to include transitions (bridging sentences) explaining how the

constituent parts covered under different headings relate to one another. A transition could
explain, inter alia, why a section under a new heading supports the point made under the
previous heading, or how the next point (the one under the new heading) follows logically
from the previous one. More about bridging sentences (transitions) under section 4.7
below.
(ii) Paragraphs
Any written work should be presented in paragraphs. A paragraph is a group of connected

sentences about one idea or concept.
Each paragraph should begin with a topic sentence that either refers back to the previous
paragraph and expands on the ideas expressed, or introduces a new idea. A topic
sentence tells the reader what you are trying to prove or address in the paragraph. It
shows the reader what legal principle you will lay out in the paragraph, or, where it deals
with the application of a rule, what the outcome of such application will be. If a paragraph
does not have a topic sentence, the reader will spend time trying to understand what the
paragraph is about.
Each paragraph should focus on an aspect of the argument or problem supported by

several sentences containing evidence or explanations. Take great care to avoid grouping
unrelated ideas together in a single paragraph. This could really puzzle your reader and
indicate that you have not made the work your own.
In a research paper of this nature, you will have consulted many sources dealing with, or
at least touching upon, the same topic. Setting out the positive law as stated in primary
sources usually requires an exposition of the individual sources (statutory provisions, or
leading cases) one by one. The topics for a research paper are such that one cannot
merely state the positive law. There is almost never a single simple answer to the
problems they entail. This would also be reflected by the secondary sources that you
consult. Research will present you with pieces to a puzzle which can only be solved by
presenting a coherent and convincing argument. Because secondary sources explain,
analyse, comment, criticise – in short, express how positive law is viewed and how it
should or could be interpreted or changed – diversity of opinion is to be expected. It is
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inevitable that some sources will contain the same or similar ideas, while others will have a
different or opposing point of view. To compound the problem, source A, B and C might
agree on issue X. A and B might agree on issue Y, while C might take a different stance
on the matter. B might express an opinion on issue Z, while the other two might be silent
on the matter. What you are required to do in such instances, is to discern and group
together similar arguments expressed in different sources. You would then paraphrase the
argument as you understand it, and cite all the secondary sources that share this opinion
in the same footnote. The finer nuances expressed by the individual authors can be
paraphrased in subsequent sentences, if need be, and the individual author can then be
cited in a separate footnote.
Remember that you are not creating a collage, but a coherent argument. You planned the
exposition of the content of your research report by constructing an outline which should
guide you to ensure that ideas are grouped together thematically.
It is very important to link paragraphs by bridging the ideas expressed in them. Since a
paragraph is supposed to deal with a single idea or concept, two successive paragraphs
might have little obvious connection. In order to ensure that your reader understand how
the ideas link, you must use effective transitions.
(iii) Quotations
Quotations can be useful, but a report that is merely a collection of quotations will not earn
you a good mark. The key is to be selective in the use of quoted material and to weave it
carefully into the fabric of your argument. Direct quotations should be limited to the
following situations:
• When you intend to critically discuss the particular quoted text and its
interpretation; to be fair to the author and the reader, you should quote the text
accurately so as to enable the reader to interpret it independently and to evaluate
your interpretation thereof
• Where the text to be quoted is particularly well formulated and clearly articulated,
and could hardly be paraphrased with the same effectivity
(iv) Authority
One of the most important things to remember is that all statements must be supported by
evidence or authority. This is an absolute must in legal writing. Use the prescribed style of
citation from the very first footnote you create, and be consistent.
4.5.2.9 Conclusion
The conclusion draws together the threads of your argument. While the body of your
research paper provided proof that your hypothesis is valid or invalid, the conclusion
provides a concise account of what you have proven. It does not repeat the arguments.
Nor does it repeat the introduction. The conclusion should focus on the question you have
set out to address and state how you have answered that question.
There should be no new arguments in the conclusion. If you think of a new argument while
formulating your conclusion, and you believe it is essential to include it, you should return
to the body of your research paper and make the argument there before returning to the
conclusion.
4.5.2.10 Bibliography
The last element of your research paper is your bibliography.
23
Your bibliography should separate sources according to type. See section 2.2 of Tutorial
Letter 102/3/2024.
4.6 Some observations concerning legal writing

There is considerable focus at all levels of education on so-called core transferable skills.
These are those skills which can be learned in one context and readily be transferred to
another context. The ability to express yourself clearly and succinctly in writing is a good
example of such a skill. You will already have writing skills, but they can almost certainly
be improved and developed. Here are some writing hints, which you may find obvious, but
assessors frequently complain that they are not observed.
4.6.1 Keep it clear and simple

Always try to express your ideas as clearly as possible. When you proofread your work,
ask yourself whether an uninformed layperson will be able to understand each sentence
you wrote. The key to clear legal writing is simplicity. Use plain language and simple
sentence structures. Good legal writing is concise and to the point. Long, complicated
sentences can often be rewritten to good effect, using several short, clear sentences.
4.6.2 Hallmarks of good academic legal writing

Good academic legal writing is—
 clear
 concise
 written in plain English
 formal
 substantiated
 rational
Below, we briefly touch upon the hallmarks of good academic legal writing.
4.6.2.1 Clear
What makes writing clear?
• Logical organisation of material

• Proper grammar and punctuation
• Simple sentence structures
• Ordinary words
• Appropriate use of technical terms ensuring precision of expression
• Defining concepts to give them a precise meaning
• Consistent use of (key) terms to avoid confusion
4.6.2.2 Concise
A concise piece of legal writing is not necessarily brief or terse. To be concise means to
use words efficiently. Avoid superfluous words, but give enough detail to convey your
ideas effectively and persuasively. While a straightforward idea can be conveyed in a few
words, a more complex idea may need to be expressed in greater length and detail. The
aim is to make your point with the most economical use of words.
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Concise writing is easier to digest and therefore also clearer. It grips and keeps the
attention of the reader.
4.6.2.3 Formal
Academic legal writing is formal.
• Avoid contractions (such as it’s, he’s, can’t, it’ll, ‘could’ve’, ‘’til’, ‘let’s’, and ‘I’m’)
• Avoid slang words and expressions (such as ‘cool’, ‘stuff’, ‘chill’, ‘pro’ (instead of
‘professional’), ‘dude’, ‘awesome’, ‘like that’)
• Be respectful and avoid sarcasm and insults
• Use abbreviations and acronyms sparingly, and only after they have been
introduced in full
4.6.2.4 Substantiated
The lawyer’s art is persuasion. Substantiate every assertion and argument you make.
Prove the existence of a legal rule or principle by citing the primary source that created it.
When advancing an argument, you must aim to convince your reader that it is valid by
showing its superiority to its rivals. This could be done by showing why it is more logical or
why it has better implications and fewer complications than its rivals. Rely on solid,
persuasive authority (secondary sources) to bolster your arguments and criticise the rival
arguments.
4.6.2.5 Rational
Write in a neutral voice and avoid getting emotional. You are more likely to convince
another of your arguments if they are presented in a factual and rational manner. Show
that your opinions are measured and based on careful thought, not bias.
Even if every single idea you express in your report carries the hallmarks of good legal
writing, your research paper could still amount to little more than a compilation of well-
crafted sentences lacking coherence, unless you tie them together into a coherent whole.
This will be discussed in section 4.7 below.
4.7 Flow of ideas

The text of your research paper must flow logically and be coherent. If you lean too heavily
on the writings that inspire your own writing, it is likely to result in a fragmented and
muddled paper. An experienced marker will quickly pick up that you used the ‘copy and
paste’ style of ‘writing’. Unless you have really assimilated the information and made it
your own, the danger is always there that your work will resemble a patchwork of random
ideas, rather than a unified argument. A coherent paper articulates the relationship
between the its constituent elements, be it sentences, paragraphs, sections and sub-
sections. The better you are steeped in the issues you are researching, and the more
thought have given to them, the more coherent your writing will be. In what follows, we
discuss a number of devices that you can use ensure logical flow and coherence.
4.7.1 Bridge sentences

The first sentence of a paragraph or a section holds the key to understanding what the
paragraph or section is about and how it links up with what precedes it. It serves to guide
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your reader from what you have just said to the next step in your reasoning. Any sentence
that does this is called a bridge sentence.
Bridge sentences should explicitly expose and explain the logical connection between
paragraphs and sections and establish a smooth transition of ideas. Merely stringing
together paragraphs with a perfunctory ‘Next’, ‘Hence” or ‘Moreover” seldom achieves the
purpose of meaningful transition. Such words are intended to signal to your reader that
you intend to proceed in the same direction.
Transitions, such as bridge sentences, are intended to—

• tie sentences, paragraphs, and sections together.
• indicate when the discussion of one idea has been ended and another is about to
begin.
• make it easier to follow a complex argument.
There are many different types of transitions. Most frequently, a bridge sentence achieves
transition by doing one of the following:
(a) It recapitulates or repeats the previous idea.
(b) It uncovers an implication or complication of the preceding point.
(c) It asks a question arising from the preceding discussion.
4.7.1.1 The recapitulating bridge

This is the most commonly used bridge. Here, you briefly refer back to what you have just
finished saying, spelling out the logical connection to what you are about to say. It is quite
common to use pointing words such as ‘this’ or ‘such’. This type of bridge involves a
measure of repetition. If you think that this repetition is redundant or boring, substitute a
key noun or verb with a synonym.
EXAMPLE OF RECAPITULATING BRIDGE
[1] According to the gradualist view, the status of the foetus changes within the course of
pregnancy. The further developed the foetus, the greater the degree of respect it
deserves. It has been argued that we should not try to identify a specific moment upon
which life begins, thereby signalling personhood, but should rather consider the moral
relevance of specific characteristics of the foetus.
[2] Such arguments propose a middle way between the extremes of regarding the foetus
as either a mere bit of human tissue, or a living human being. The proponents of this
middle view of the foetus maintain that it accords with the experience of pregnant
women. Pregnant women, it is said, experience the early foetus as merely a part of her
body, but as it develops, gradually come to regard it as an entity quite distinct from her
own body.
[3] The middle view of the foetus, being somewhat of a compromise, resonate to some
extent with the views of many on either side of the pro-life/pro-choice spectrum: Many
pro-lifers will admit that abortion in the early stages of pregnancy is not as serious a
crime as murder, while many pro-choice supporters will admit that a fully developed
foetus cannot simply be equated to an inanimate piece of dispensable property.
In the example above, paragraph [2] is linked to paragraph [1] by the use of the word
‘such’. The gradualist view is explained in the first two sentences of paragraph [1]. The
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third sentence begins with ‘It has been argued’. Starting the second paragraph with ‘Such
arguments’ points the reader back to the arguments set out in the first paragraph.
In paragraph [2], the gradualist view is described as ‘this middle view of the foetus’.
Paragraph [3] links up to paragraph [2] by again referring to ‘The middle view of the
foetus’.
4.7.1.2 The implication or complication bridge

Arguments often progress from a simple premise, to recognition of its implications or
consideration of its complications. In such instances, the bridge should show this
progression. Even if you are simply connecting different reasons, it may help to arrange
the reasons to show progression, and to avoid connecting them by merely saying ‘next’, or
‘another reason’. Try to show how things are becoming more important, complex, or
interesting. Such progression helps to keep the attention of the reader. Consider the
following example.
EXAMPLE OF IMPLICATION AND COMPLICATION BRIDGE
[1] One often encounters the argument that personhood really starts once the individual
concerned is endowed with the capacity to be rational and self-conscious. To proponents
of this view, abortion on demand could be justified, since the unborn foetus clearly lacks
self-consciousness and can hardly be described as a rational being.
[2] A particularly unpalatable implication of making personhood dependent on the capacity

to be rational and self-conscious is that the killing of newborn babies, or even older babies,
would also be permissible. Such a situation does not only militate against the almost
universal condemnation of infanticide as morally wrong, but is also incompatible with the
position under common law in terms of which this constitutes murder. Moreover, the
Constitution guarantees everyone the right to life, regardless of age.
[3] Determining when exactly an individual should be vested with personhood is further
complicated by the absence of reliable and objective criteria for determining ‘rationality’
and ‘self-consciousness’.
In the example above, paragraph [1] puts forward the argument that personhood is
characterised by rationality and self-consciousness. Paragraph [2] shows an unacceptable
implication of this view. To help the reader, the ‘view’ is paraphrased (‘making personhood
dependent on the capacity to be rational and self-conscious’). Paragraph [3] then
demonstrates that there are further complicating factors to consider, namely, the absence of
established and objective criteria.
4.7.1.3 The question

Sometimes, a particular idea might be adequately canvassed in a paragraph, but the
discussion raises a question(s) in the mind of the reader. Here, the next paragraph could
begin by explicitly stating the question that arises from, or is suggested by, the preceding
discussion. Consider the example below.
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EXAMPLE OF QUESTION BRIDGE
The Sterilisation Act 44 of 1998 stipulates that a person may be sterilised if he or she is
capable of consenting and 18 years or above. The Act makes it clear that such a person
may not be sterilised without consenting.
Can a sterilisation ever be performed on a person without his or her informed consent?
Provided certain statutory requirements are met, a sterilisation may be performed on a
person who is mentally disabled to such an extent that he or she is incapable of making his
or her own decision about sterilisation.
4.7.2 Transition words and phrases

There are many words and phrases that you can use to improve logical flow and
coherence. However, using one of these words alone does not guarantee a successful
transition. See the table below for some possibilities.
Avoid excessive use of the same transition words or phrases. It becomes annoying and
boring.
To show cause or because; since; on account of; as a result; hence; consequently;

logical connection thereby; accordingly; thus; therefore; otherwise; so; under; to that
end
To compare likewise; like; similarly; in fact; just as; also; again; equally
important; in the same way; just as…, so…; much like…, …; as
with …, …
To contrast but; however; although; yet; on the other hand; on the contrary;
unlike; in contrast; nevertheless; instead; conversely; despite;
rather; nonetheless; alternatively; in any event; even so; by
contrast with this; otherwise
To show sequence first, second; finally; then; concurrently; afterward; during; now;
next; later; before; at first; after; simultaneously; following this; to
begin with; initially; to begin; subsequently; hence; at this/that
time; meanwhile; eventually
To concede granted; conceded; of course; naturally
To give examples for instance; for example; such as; to demonstrate; to illustrate;
namely; in particular; that is; specifically
To clarify to explain; to clarify; that is to say; to rephrase; to put it another

way; in other words
To amplify or add also; next; in addition; further; besides; moreover; similarly;

furthermore; as well; too; and then
To emphasise above all; definitely; in fact; certainly; especially; but also;

naturally; surprisingly; undeniably; without a doubt; extremely;
obviously; furthermore; therefore
To generalise generally speaking; in general; ordinarily; usually; customarily;

normally; as a rule; for the most part; as usual; by and large; more
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often than not; mostly
To qualify this [referring to what you just said] does not mean; instead it
suggests; yet; still, however; despite; sometimes; in spite of
To state an in spite of; nevertheless; however; despite; once in a while;

exception sometimes; yet; still
To repeat as I have said; as I have noted; as has been noted; in brief
To offer proof because; since; evidently; moreover; for the same reason;
besides; indeed; that is; in fact; furthermore
To be more precise more explicitly; more precisely; to be exact
To in brief; in conclusion; to conclude; after all; that is; as I have said;

summarise/conclude in short; finally; as a result; to summarise; to sum up
4.7.3 Practical suggestions on how to ensure proper flow

Put yourself in the position of a person who is going to read your research paper. Read the
last sentence of each paragraph and section. Ask yourself what your reader would expect
you to discuss next. If the subsequent sentence does not meet the expectations that you
anticipate, consider rearranging the content. If you believe that the problem does not lie
with the organisation of the material, consider improving the flow by using a better bridging
sentence.
Read the last sentence of each paragraph and section and the first sentence of the
succeeding paragraph or section and ask yourself if the reader would be able to make the
connection from what you wrote. Do not assume that your reader knows what you know.
Be explicit when ‘connecting the dots’ since you cannot assume that your reader knows
what you mean if you have not actually told them what you mean.
Read every transition a few times, and read it out loud. If it does not sound right, revise it.
When revising the transition, consider whether the use of a transition word would not result
in a clearer indication of the interrelationship between what you have just said and what
you are about to say. Also consider whether the inclusion of a pointing word such as ‘this’,
‘these’, ‘that’ or ‘those’ would assist to orient your reader and establish continuity in your
writing. Pointing words refer to something that has already been mentioned. They point
directly to an antecedent. If you used the description ‘the relative view’ in the previous
paragraph, and you start the next paragraph with ‘this view’, the word ‘this’ establishes a
clear connection between the two paragraphs.
Very often the key to successful transition lies in repetition, although repetition can
become tedious. Consider using a phrase that echoes the antecedent instead of repeating
it verbatim. The use of descriptions and synonyms can come in handy here.
4.8 Proofreading, editing and submitting your draft

Once you have completed your first draft, you must proofread it meticulously. Edit the text
by correcting any errors you pick up, improving the flow of ideas, rephrasing clumsy
sentences, checking the lay-out and formatting, and correcting inconsistencies. Write your
abstract. Check that all elements/components of your research paper are included in your
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document in the order set out in this tutorial letter. Update the table of contents. Convert
your document to a pdf file, and submit it.
4.9 Ensuring that a Turnitin originality report is created for your

submission
Turnitin is the Originality Checking service used at Unisa. It is meant to encourage
academic integrity and originality, and to guard against plagiarism, copying and other
forms of dishonesty.
This is what the Turnitin icon looks like:
4.9.1 How to submit your document to Turnitin

Turnitin is integrated with myUnisa and therefore, you do not need to request Turnitin, and
you do not need a separate login. You will simply submit your assessment on myUnisa
(myModules). You do need to submit the work personally using your own myLife
credentials, and you do need to submit it within the formal Unisa submission space.
4.9.1.1 Accepting the End User License Agreement (EULA)

If it is the first time that you submit a document to Turnitin, you must ensure that you have
accepted the Turnitin End User License Agreement (EULA). When you are submitting your
assessment on myUnisa, you will be prompted to accept or reject the Turnitin.
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In order to proceed with your submission, you must accept. Once you have accepted the
EULA, the following message should appear:
Note that you need to accept the EULA only once. Once you have accepted the EULA,
you do not have to accept it again for any subsequent submission for other assessments
in RRLLB81 or other modules, since the EULA is a general agreement between you and
Turnitin.
4.9.1.2 File formats readable by Turnitin

There must be a Turnitin originality report for your submission before it can be marked. In
other words, a Turnitin originality report is a prerequisite for the marking of your
submission (Assessment 2 or 3). It is YOUR responsibility to ensure that a Turnitin report
is generated, not that of your lecturers. An originality report will only be generated if
Turnitin can read the document you submit. It is therefore vitally important to ensure that
you submit the document in a format that can be read by Turnitin.
Turnitin can only read original pdf files. Turnitin cannot read a scanned pdf file or an
image file. You must avoid the ‘print to pdf’ command.
How would you know whether the file you are about to submit is readable by Turnitin? If
the file is searchable, and not a scanned pdf or image file, Turnitin ought to be able to read
it and generate an originality report. To see if your document is a searchable pdf file, open
the pdf document and click anywhere in your pdf document. Then click simultaneously on
the Control (Ctrl) button and the ‘f’ key (in this command, the letter ‘f’ stands for ‘find’). A
‘find block’ or ‘search block’ should then pop up. See the screenshot of Tutorial Letter
302/4/2024 below. The arrow points towards the ‘search block’ or ‘find block’.
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In the ‘find block’, type in a word that you know you used in the document (use ‘and’ or
another word that you can see in the text on your screen). If it highlights the word that you
typed in, it is a searchable pdf file. In the example below, we have used the word ‘School’.
It picked up the word ‘School’, highlighting it, from which we can deduce that it is a
searchable pdf.
If the search function does not work and the word you typed in is not picked up (despite it
being typed correctly) it means it is a scanned document or an image file for which Turnitin
will not be able to generate an originality report. If you were to submit such a file, your
submission will not be marked, and you will get 0%.
4.9.1.3 What happens after submission?

After submission, the document submitted is queued until it can be sent through from
myUnisa to Turnitin.
Once received by Turnitin from myUnisa, the report is usually generated within 24 hours.
Thereafter, the report is queued to be collected by Moodle from Turnitin. Once Moodle
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receives the report from Turnitin, the report is attached to the file and displayed on
myUnisa. The time it takes between the submission of your assessment and the Turnitin
report becoming available to you, will depend on the volume of submissions made at the
time you make your submission. It is therefore to be expected that it would take longer the
closer you are to the due date when submitting the document. It is vital that you plan
accordingly if you wish to see the (preliminary) similarity index before the due date.
You will know that the originality report has been generated successfully if the originality
report is attached to your submission and the similarity index is displayed next to the
Turnitin icon. It will look similar to the below:
4.9.1.4 How to open the originality report

If you click on the Similarity Index block (the block showing the percentage), the originality
report will open up in a new window.
4.9.1.5 What the originality report indicates

The originality (or similarity) report gives an indication of the percentage similarity of your
submission to other sources. In it, any areas in your submission that match other sources
are highlighted. The different sources to which your submission show a similarity are
numbered and highlighted in different colours. Each area of matching text in your
submission is highlighted in the colour of the source to which it is similar. In the above
example, 26% of the text of the submission is similar to the source numbered 1. You will
notice that the number 1 appears on a blue circle, and the percentage (26%) also appears
in blue. The text on the left-hand side is the student submission. The text in the student
submission that matches source number 1, is highlighted in blue. The colour for number 3
is purple, and any part of the text that matches source number 3, will be highlighted in
purple.
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Similarity is not the equivalent of plagiarism, but of non-originality. A high overall similarity
score indicates a low level of originality. It shows that your submission leans heavily on
other sources. Likewise, if a large section of your submission is similar to a particular
source, it may mean that you depended too heavily on that particular source. If your
submission is similar to other student submissions, it may mean that you either copied
from each other, or you copied from the same sources.
4.9.1.6 Is there an acceptable plagiarism percentage?

As explained above, similarity as such is not the same as plagiarism. Unisa does not
tolerate any plagiarism. Therefore, no percentage of similarity to any source is
acceptable unless the source is properly cited in your footnotes and also listed in your
bibliography. The author of each and every idea that you got from another source must be
acknowledged. In law, we rely on authority for our arguments. We mainly do desktop
research involving the studying of other sources. Hence, the more sources we consult, the
better. You are expected to use sources, so not all of your content will be original, but to
prevent your reliance on other sources from being regarded as plagiarism, you must cite
the source each and every time you express an idea obtained from them. You ought to
know by now that copying any amount of text verbatim from a source amounts to
plagiarism, unless you clearly show that the text is a quotation, and the author is
acknowledged in a pinpoint citation.
4.9.1.7 Is there an acceptable similarity percentage?

You must do your own original work. Turnitin is used as a tool for us to evaluate the
originality of your work. It also helps us when checking for plagiarism and other forms of
academic dishonesty. A high similarity percentage does raise suspicion over the
originality of your submission (or rather, the lack thereof). The higher the percentage,
the greater the prima facie suspicion.
Very important: As a universal rule for all Unisa students, the similarity of
submission content to an INDIVIDUAL source MUST BE BELOW 5%.
Originality reports are analysed to determine if plagiarism occurred, whether inadvertently

or with intent. As already mentioned above, plagiarism, if present in the assignment is
unacceptable, regardless of the overall similarity index.
You can be sure that if your overall similarity index is 40% or higher, we will
scrutinise your submission to determine whether your work is sufficiently original, and
whether there is any evidence of plagiarism in your work. You must therefore aim for a
similarity index below 40% in both your Assessment 2 and Assessment 3. Note that
this does not mean that if the similarity index is below 40%, you are automatically ‘safe’.
Any plagiarism in your submissions is unacceptable, regardless of a low overall similarity
index or acceptably low individual match percentages.
4.9.1.8 How to improve content originality in your submissions

Your originality report is a very useful educational tool from which you can learn a great
deal about your own writing. Turnitin will generate a maximum of three (3) originality
reports for an assessment. The first and second can be used to improve your writing
before submitting the final version of your assessment.
If you see any highlighted text (a sequence of words) that matches a source exactly, you
should check to see if you intend it to be a quotation. If it is indeed intended to be a
quotation, you must ensure that it complies with the prescriptions for either integrated
quotations or stand-alone quotations, as the case may be (see 1.7, 1.7.1 and 1.7.2 of
Tutorial Letter 102). If it is not intended to be a quotation, you should consider
paraphrasing it using your own words. (Do NOT use online paraphrasing tools – do your
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own work!) In either case, you must acknowledge the source of the highlighted text with a
pinpoint citation since the idea is not your own, but that of someone else.
Whenever you see a section of text that shows a high similarity with an individual source,
you can decrease the similarity score and simultaneously improve the scientific and
academic value of your submission by integrating other sources dealing with the same
matter. You may, for instance, include pinpoint citations to different sources expressing the
same idea, and then also refer to any other differing or opposing viewpoints, again adding
pinpoint citations. This would enrich your work by showcasing the variety of existing
viewpoints. Your focus should be on giving your own interpretation of the research done
rather than merely reducing the similarity index.
Remember that academic writing is a continuous process of writing, revising, rephrasing,

summarising, rewriting, and editing. Turnitin can be a powerful learning tool that can assist
you, inter alia—
• to identify sections of text that you took from other sources but failed to summarise
or paraphrase sufficiently in your own words
• to identify sections for which you leant to heavily on a particular source
• to identify phrases and sentences copied directly from sources without the proper
use of quotation marks or indentation
• to determine whether you kept your quotations within the acceptable range
• to identify text for which you failed to acknowledge your sources (if any piece of
text is highlighted and there is no footnote citation accompanying it, insert a
pinpoint citation).
4.9.2 Round robin run upon the closing of the assessment

Students submit assessments at different times. Any Turnitin report generated before the
due date and time for the particular assessment will have included a comparison of your
submission to the submissions of other students who have already submitted up to that
point in time. To ensure that all students are treated fairly, Turnitin runs a round-robin
comparison of all submissions for the assessment upon the closing of the assessment
submissions. Your final Turnitin report (the one we use when grading your assessment) is
generated from this round robin. It stands to reason that the final Turnitin similarity index
might differ from the similarity index for earlier submissions you made prior to the closing
date and time.
NO LATE SUBMISSIONS (i.e., submissions after the due date and time) can be
accommodated in this module since the round robin is run upon the closing date
and time to ensure that all submissions are compared to one another. This means
that if you miss the deadline for submission for whatever, the risk is yours. It is therefore
vital that you ensure submission before the deadline. You must plan for unforeseen
circumstances such as power outages or technical difficulties. You are strongly advised to
make a submission well in advance. You may then continue working on the text and
upload a later version of the work closer to the due date and time. This will not only
prevent the situation where you miss the deadline but will also give you the opportunity of
improving on your original draft version with the benefit of an interim Turnitin report.
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4.9.4 What to do if you have any problems with any aspect of Turnitin
Your lecturers cannot assist you with technical problems related to Turnitin. For any
queries regarding Turnitin and for technical assistance, please send an e-mail to
turnitin@unisa.ac.za and myLifeHelp@unisa.ac.za.
• Always write from your myLife e-mail account.
• Always type turnitin@unisa.ac.za in full.
• Always enter your student number in the subject line of the e-mail.
• Add the module code (RRLLB81) in the subject line of the e-mail.
• To ensure that your query is assigned to the correct queue, you must include a
description of your query or the error that you are experiencing.
• Sign your e-mail using both your first name(s) and your surname.
5 THE RESEARCH JOURNEY FROM AFTER SUBMISSION OF

ASSESSMENT 2 TO SUBMITTING ASSESSMENT 3
5.1 Ongoing revision
This module requires you to submit a draft upon which the marker will comment. That is
Assessment 2. You need not wait until you receive feedback from the marker before
starting to revise your draft with a view to submitting the revised report as Assessment 3.
Revision is crucial for effective writing. There is always room for improvement.
Be cautious, though. Remember that any new writing or rewriting poses a risk of new
errors that you will not get another opportunity to correct before a final assessment. You
are therefore advised not to add too much new information not included in the draft report
when preparing your final report, unless required to do so by the marker of Assessment 2.
Also try to avoid unnecessary or uncalled for changes to your draft. When you do add
information or make changes, take great care in doing so.
5.2 What to expect from the assessment of Assessment 2

RRLLB81 is an undergraduate module, focused on assisting you to independently
research and write better. You will not be provided with supervision, as one would normally
experience supervision at postgraduate level. The study material for this module provide
guidance on how to research and write. You are expected to apply the extensive general
guidelines independently. You are not left to your own devices entirely, however. We do
realise that this might be your first fully-fledged research paper, and to assist you, we have
employed markers to guide you in submitting a final report worthy of a passing grade.
The academics or markers in this module will not comment on draft submissions other
than the draft submitted for Assessment 2. Nor will they assist to rewrite your report. Both
Assessment 2 and Assessment 3 are assessments, the one formative and the other
summative, and the normal rules pertaining to assignments and examinations are
applicable. Grading will only be provided on your final submissions for each assessment,
while commentary will only be provided on your final submission for Assessment 2.
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Our role is to hone your own ability to assess the strengths and weaknesses of your own
work. Guidance for this module is designed to enable you to be critical of your own work
and to improve it, by suggesting avenues of inquiry, by drawing attention to those parts
which need development and to those parts which are good as drafted. You must form
your own judgments about the quality of your work using all the resources available to you.
You should grow through this module by becoming more conscious, reflective and aware
of your progress along the path of learning. It is one of the aims of this module to nurture
more mature graduates who possess competencies and attributes which are demanded of
them by legal practice, including the ability to think critically and work independently with
limited guidance. Your ultimate success in life-long learning depends on your ability to
engage in self-regulated and self-directed learning.
For Assessment 2, markers will comment constructively, but briefly, on your work.
Markers will correct some of your mistakes (such as a footnote citation or a case
reference) but they will not correct every single instance where a similar mistake
occurs. You are required to develop a self-critical approach to your work. Once a particular
type of mistake has been pointed out, you are required to look for and correct all the other
instances where you have made a similar mistake. For instance, if the marker comments
that you have failed to acknowledge your sources, you should go and acknowledge your
sources throughout your report. If a marker indicates that you failed to indent a long quote,
you have to go and find all other instances where you inserted a long quote without
indenting it. If a marker points out that you merely set out or restated the legal position
without any critical analysis, you should return to your secondary sources to find critical
discussions and incorporate it in your final report.
Markers will also give broad guidelines or pointers to guide you towards improving your
draft research report, but they will not rewrite your research report for you. If a marker
indicates a mistake, but you are not sure exactly how to correct it, you are required to
revisit your study material for answers. If you are still unsure, you could discuss your
problem on the discussion forum, and, if you still are at your wit’s end, you may contact
your lecturers. Research is a much more solitary endeavour than you might realise at first.
5.3 Very important warning concerning Assessment 3

Assessment 3 is your final research paper. It is not a draft and will not be assessed in the
same way that the draft was assessed. When we assess Assessment 3, we take into
account that you have had the advantage of comments made by the marker of your draft,
and have had an opportunity to self-assess your draft and improve it.
No matter how well you perform in Assessment 2, it is only a draft. DO NOT submit your
unamended Assessment 2 as Assessment 3, even if you are very happy with the mark you
obtained for Assessment 2. We mark Assessment 2 more leniently because it is merely a
draft. Even a good mark for Assessment 2 signals no more than that your work was
acceptable for a first attempt and that you are on the right track. Work that is acceptable
for a first attempt may not be of an acceptable standard for a final research report. You
MUST attend to the deficiencies in your work as measured against the marking rubric and
elaborate on the contents for various reasons. One of those reasons is that there is a
difference in length restrictions. Assessment 2 may not exceed 12 pages, and Assessment
3 may not exceed 15 pages (see p 4 of this tutorial letter (Tutorial Letter 103/1/2024)).
YOU MAY NOT PASS OFF AND/OR SUBMIT ASSESSMENT 2 AS ASSESSMENT 3.

The same markers will be allocated to mark both your submissions and they have been
advised that if there is no substantial revisions and additions to the work, they may
disregard the assignment. You may be awarded 0% in such a case, as we cannot assess
the same work twice. It defeats the entire purpose of an assessment.
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5.4 Tasks involved in preparing your final research report
Moving from a draft to the final version involves a number of tasks:
• Following up on points that need attention as pointed out by the marker who
assessed your Assessment 2
• Doing additional research as required by the marker of Assessment 2
• Assessing your draft against the marking rubric that will be made available on
myUnisa, and using that as a guide to further improve your draft
• Studying your study material to improve your draft in accordance with the extensive
general guidance provided therein
• Ensuring that all statements and facts are backed up with proper citation of sources
• Ensuring that proper acknowledgement in the form of citations is given to every
source that has influenced your writing
• Ensuring that every citation complies with the prescribed style
• Ensuring that every source cited in the footnotes of your research paper is
referenced in the bibliography, and that every reference complies with the
prescribed style
• Editing the text and footnotes to ensure that they comply with specific requirements
as to form, style and content
• Ensuring that the language setting on your computer is set to ‘English (United
Kingdom)’
• Revising spelling and grammar with the aid of the Spelling and Grammar function
available on the Review tab Ask yourself whether the essay adequately responds to
the problem posed.
• Checking punctuation
• Checking all headings and sub-headings to ensure that the numbering is in order
• Ensuring consistency in spelling, capitalisation, abbreviations, hyphenation of
words, method of citation, numbering of headings and sub-headings
• Checking presentation and layout
• Checking that your research paper is of an acceptable length and does not exceed
the limit placed on the number of pages
• Ensuring that every section and paragraph is introduced with a clear topic sentence
• Ensuring logical flow between sections and paragraphs through good transitions
If you do have the time, ask someone whose opinion you value to read and comment on
your work before submitting it.
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SECTION B
TOPICS FOR ASSESSMENT 2 AND ASSESSMENT 3
Below you will find the research topics from which you have to select one for your research
report. The topics are arranged by Department in the School of Law. Most topics are
supplemented with background information and references to preliminary sources based
on the topics. The preliminary sources are the minimum sources necessary – you must
supplement the sources indicated through independent research on the topic
selected.
NOTE: You are required to select one (1) topic from those listed and to base your both
Assessment 2 and Assessment 3 for RRLLB81 on that same topic. You may not change
topics once you have selected one. We are able to identify your specific assignment
submissions and to verify that you keep to the same topic.
The due dates and unique numbers for Assessment 2 and Assessment 3 will appear
on the myUnisa module site for RRLLB81.
MERCANTILE LAW
TOPIC 1: COMPANY LAW
THE TURQUAND RULE AND THE LIABILITY OF COMPANIES IN SOUTH AFRICAN

LAW
Background
Companies are managed by directors who have the liberty to enter into a contract with
third parties. Obviously, companies may have internal rules that provide certain individuals
with the authority to contract on behalf of the company. A company representative may
enter into a contract without complying with an internal formality to which his authority is
subject. Of course, lack of formality may entail that the company should not be held liable
for a contract that the company has not assented to. This would lead to a third party
rendering a performance that may not lead to a counter performance by the company. The
lack of consensus between the third party and the company renders the contract null and
void. However, a third party may argue that he/she relied on the company’s representation
to assume that there will be counter performance or that the representative had the
required authority.
Conduct research on this problem and provide your own opinion on whether it is fair to
hold a company to a contract it did not assent to. Equally, is it fair for a company to benefit
from a performance of a third party without rendering counter performance?
Suggested reading material
Cases
One Stop Financial Services (Pty) Ltd v Neffensaan Ontwikkelings (Pty) Ltd 2015 (4) SA
623 (WCC)
The Mine Workers’ Union v JJ Prinsloo; The Mine Workers’ Union v JP Prinsloo; The Mine
Workers’ Union v Greyling 1948 (3) SA 831 (A)
39
Legislation
Companies Act 71 of 2008
Books
Beuthin RC and Luiz SM, Basic Company Law (3rd edn, LexisNexis 2012)
Cassim FHI (ed), Contemporary Company Law (3rd edn, Juta 2021)
Journal Articles
Delport P, ‘Companies Act 71 of 2008 and the “Turquand” Rule’ (2011) 74 THRHR 132
Olivier EA, ‘The Turquand Rule in South African Company Law: A(nother) Suggested
Solution’ (2019) 5 J of Corporate and Commercial L & Practice 1
TOPIC 2: LABOUR LAW
WAGE ISSUES IN LABOUR LAW
Background
Employers and employees generally need each other to prosper. Employees are given
rights to resist any kind of exploitation by the employers, such as the right to strike.
Equally, the employer can use any machinery provided by the law to limit the employees’
abuse of their rights, such as a lock out. A right can be used to advance an interest, for
example employees can use the right to strike to compel the employer to take heed of their
wage demands. There is generally a balancing scale to ensure that employers and
employees deal with each other in a fair manner. However, most of the time employees’
issues are advanced by trade unions. The role of trade unions in employment issues has
become more prominent, particularly in wage negotiations. The role and manner in which
trade unions should advance employees’ needs in wage negotiation is at best unclear. It is
not quite clear whether trade unions should religiously promote the mandate received from
employees even when unreasonable, or whether the trade union should exercise a
measure of liberty in negotiations since they have the mandate to do so. How about
instances where a trade union ventures into the political arena instead of staying true to its
mandate? This means that a trade union can advance its own political interest instead of
promoting workers’ needs first. Which means that platforms such as arbitration could
remedy this problem. One wonders whether the current law limits such abuses. You can
research why it is important to resolve matters of mutual interest in a forum that promotes
the interest of both the employer and employee. A right to strike is an important tool
assisting employees to compel the employer to negotiate in good faith. The need for trade
unions to be regulated in terms of negotiating wages for employees is also important. This
is simply to ensure that everyone negotiates in good faith.
Cases
Public Servants Association v National Prosecuting Authority [2012] 8 BLLR 765 (LAC);
(2012) 33 ILJ 1831 (LAC)
Working On Fire (Pty) Ltd v National Union of Metalworkers of South Africa (NUMSA)
(2022) 43 ILJ 2764 (LAC); [2023] 1 BLLR 39 (LAC)
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Books
Grogan J, Labour Litigation and Dispute Resolution (3rd edn, Juta 2019)
Bendix S, Industrial Relations in South Africa (5th edn, Juta 2010)
Journal Articles
Myburg JF, ‘100 Years of Strike Law’ (2004) 25 ILJ 962
Nkoane P, ‘Time for the Tide to Change for Rules of Engagement in Labour Law: A
Proposal for Effective Wage Dispute Resolution’ (2018) 22 Law, Democracy and
Development 48
Legislation
Constitution of South Africa, 1996
Labour Relations Act 66 of 1995
TOPIC 3: INTELLECTUAL PROPERTY LAW
ARCHITECTS’ MORAL RIGHTS
Background
For copyright purposes architectural drawings, buildings and models of buildings are
‘artistic works’. In terms of section 20(1) of the Copyright Act 98 of 1978 the authors of
artistic works (architects, in the case of works of architecture) have two moral rights: the
right to be identified as the author of the work (the paternity right) and the right to object to
derogatory treatment of the work (the integrity right). These are the minimum moral rights
prescribed by the Berne Convention for the Protection of Literary and Artistic Works. In
some jurisdictions more than these minimum moral rights are indeed protected. Students
are invited to identify suitable copyright aspects related to moral rights in works of
architecture on which to formulate their research titles.
Books
Dean OH and Dyer A (eds), Dean & Dyer Introduction to Intellectual Property Law (OUP
2014)
Dean OH and Karjiker S, Handbook of South African Copyright Law (Revision Service 15,
2015)
Van der Merwe A and others (eds), Law of Intellectual Property in South Africa (2nd ed,
LexisNexis 2016)
Note on suggested reading material: Although this topic requires overall knowledge of
copyright, which means that you will not only need the parts of textbooks that deal
specifically with moral rights, it is worth noting where the said textbooks discuss moral
rights in particular:
o Dean and Dyer: part 1.10 in Chapter 1
o Dean and Karjiker: paragraphs 10.2 to 10.9 in Chapter 10
o Van der Merwe and others: see the Index at the end of the book for page
references for moral rights
41
Cases
Technical Information Systems (Pty) Ltd v Marconi Communication 1047 JOC (W)
<https://library.sun.ac.za/SiteCollectionDocuments/judgmentscopyright/Judgments%
20on%20Copyright%202016.pdf> (Note that this case dates from 16 March 2007 and
the judgment was delivered by Gildenhuys J)
Pasterfield v Denham [1999] FSR 168
Legislation
The Copyright Act 98 of 1978 (s 20 in particular)
The Copyright Amendment Bill [B-13B of 2017]
Convention
Berne Convention for the Protection of Literary and Artistic Works (Article 6bis)
Journal Articles
Lauterbach T, ‘Author-Architects and the Moral Right of Integrity in Copyright Law’ (2011)
26 South African Journal of Art History 57
López JJM, ‘Copyright in the Courts: Moral Right in Architecture (Part II)’ (2009) WIPO
Magazine <https://www.wipo.int/wipo_magazine/en/2009/03/article_0012.htm>
Tong LA, ‘The Effect of Employee-Authors’ Moral Rights on Employer-Owned Copyright:
Surviving Article 6bis of the Berne Convention’ (2014) 26 SA Merc LJ 212
Online Sources
Sundara Rajan MT hosted by Rosati E, ‘“The Art Is the Wall”: Picasso, Nesjar, and the
Moral Rights of the Artists in Oslo’s Y-Block’ (The IPKat, 04 June 2020)
<https://ipkitten.blogspot.com/2020/06/guest-post-art-is-wall-picasso-nesjar.html>
Wheeler T, ‘Tone on Tuesday: On Droit de Suite’ (Architecture and Design, 10 March
2020) https://www.architectureanddesign.com.au/people/tone-on-tuesday-on-droit-de-
suite
TOPIC 4: INSURANCE LAW
THE INSURED’S DUTY TO TAKE REASONABLE PRECAUTIONS TO AVOID LOSS OR

DAMAGE TO THE OBJECT OF RISK
Research question
One of the significant factors to be considered by insurers when assessing a risk, and their
subsequent liability in terms of the contract, is the degree to which the insured’s own
conduct causes, or may cause, the risk insured against. It is for this reason that most
insurance providers place a duty on an insured to take reasonable precautions to avoid
loss or damage to the object of risk.
You have been assigned by the Insurance Ombudsman’s Office to write a research paper
that critically analyse the meaning, ambit and effect of the insured’s duty to take
reasonable precautions. Your paper should in detail distinguish the insured’s duty to take
reasonable precautions from other legal concepts that may be confused with it. Also
include examples to explain the duty to take reasonable precautions.
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Your research paper must contain your own critical analysis of the subject matter. The
body of your paper should contain an integrated and focussed discussion of common law,
case law, and legislation (as far as applicable).
Background
Most insurance policies contain a standard clause requiring an insured ‘to take
all reasonable steps and precautions to prevent accidents or losses to the object of risk.’
This is because, in South Africa, the position is that loss caused by an insured's negligent
conduct is included within the risk assumed by an insurer when issuing an insurance
policy. An insurer, therefore, in including such a clause (the ‘reasonable precautions
clause’) in a policy, tries to exclude liability for an insured's negligence. Even though
it is common practice for insurers to include such clauses in their policies, it remains
unsettled in our law exactly when an insurer is entitled to repudiate a claim based solely
on the negligence of an insured in the context of such a clause. The enquiry becomes
increasingly important in view of the rise of consumer protection to treat insureds fairly,
and the amended Policy Holder Protection Rules of 2017 (the ‘amended PPRs’).
Cases
Auto Protection Insurance Co Ltd v Hanmer-Strudwick 1964 (1) SA 349 (A)
Fedgen Insurance Ltd v Leyds 1995 (3) SA 33 (A)
Kliptown Clothing Industries (Pty) Ltd v Marine and Trade Insurance Co of SA Ltd 1961 (1)
SA 103 (A)
Parity Insurance Co Ltd v Marescia 1965 (3) SA 430 (A)
Paterson v Aegis Insurance Co Ltd 1989 (3) SA 478 (C)
Rouwkoop Caterers (Pty) Ltd v Incorporated General Insurance Ltd 1977 (3) SA 941 (C)
S v Chretien 1981 (1) SA 1097 (A)
Santam Ltd v CC Designing 1999 (4) SA 199 (C)
Shooter t/a Shooter’s Fisheries v Incorporated General Insurance Ltd 1984 (4) SA 264 (A)
Legislation
Financial Sector Regulation Act 9 of 2017

Insurance Act 18 of 2017
Books
Millard D and Kuschke B, Insurance law in South Africa (Wolters Kluwer 2018)
Neethling J and Potgieter JM, Law of Delict (7th edn, Butterworths 2015)
Reinecke MFB, Van Niekerk JP and Nienaber PM, General Principles of Insurance
Law (Butterworths 2013)
Snyman CR, Criminal Law (6th edn, LexisNexis 2014)
43
Journal Articles
Van Niekerk JP, ‘The Bloody Handed Homicidal Beneficiary and the Materialisation of
the Life Insurance Risk’ (2009) 21 SA Merc LJ 126
Millard D, ‘The Infusion of Insurance with Fairness: Incorporation of the TCF into the Draft
Policyholder Protection Rules’ (2017) 20 Juta’s Insurance L Bulletin 1-19 (Discussion by
Millard on TCF and Draft PPRs)
Millard D, ‘Replacement of the Policyholder Protection Rules in terms of the Long-Term
Insurance Act 52 of 1998 and the Short-Term Insurance Act 53 of 1998’ (2018) 21
Juta’s Insurance L Bulletin 2-5 (Discussion by Millard on the replacement of the PPRs)
Millard D, ‘Financial Sector Regulation Act in force from 1 April” (2018) 21 Juta’s Insurance L
Bulletin 1-2 (Discussion by Millard on the Financial Sector Regulation Act)
Millard D, ‘Legislation: Insurance Act 18 of 2017’ (2018) 21 Juta’s Insurance L Bulletin 14

(Note by Millard on Legislation: Insurance Act 18 of 2017 at 14)
PRIVATE LAW
TOPIC 1: LAW OF DAMAGES
CONSTITUTIONAL DAMAGES FOR VINDICATING PERSONALITY RIGHTS: A

CRITICAL DISCUSSION OF RESIDENTS OF INDUSTRY HOUSE, 5 DAVIES STREET,
NEW DOORNFONTEIN, JOHANNESBURG V MINISTER OF POLICE 2022 (1) BCLR 46
(CC); 2023 (1) SACR 14 (CC); 2023 (3) SA 329 (CC)
Background
Common law has always protected the personality rights through an award of damages in
the context of the actio iniuriarum. This action had the character of punitive damages. In
the assessment of the sum awarded for an iniuria, the exclusive object of the action was
the punishment of the wrongdoer. However, the general approach of our courts has been
that the actio iniuriarum has a compensatory as well as a penal function. Apart from the
fact that actio iniuriarum provides solace (compensation) for injured personality rights,
case law also confirmed its punitive function to neutralise the plaintiff’s feelings of injustice
for the (intentional) invasion of his interests of personality. A punitive element in damages
for iniuria is therefore still present, but punishment is no longer the exclusive object. Under
the actio injuriarum damages are given in the form of a solatium for injured feelings and as
a punishment of the defendant to assist in salving the injured feelings of the plaintiff.
This case is of relevance for the reason that while South African courts generally accept
that punitive damages are not recognised under South African law, constitutional damages
(which are similar to punitive damages to an extent) have been deemed to constitute
appropriate relief as envisaged under the Constitution. In terms of the Constitution, a court
may award damages for a violation of rights in the Bill of Rights. The 2021 Constitutional
Court judgment in Residents, Industry House case contains a useful review and analysis
of when it is appropriate to award constitutional damages. An award for constitutional
damages serves an important role in providing appropriate relief to litigants by vindicating
their constitutionally entrenched rights and providing effective relief where their personality
rights have been infringed. While alternative remedies are often suited to fulfil this role,
courts cannot shy away from awarding constitutional damages directly where
circumstances make it appropriate. The Constitution empowers a court to award
‘appropriate relief’, including a declaration of rights, where a right in the Bill of Rights has
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been violated. The remedy of constitutional damages acts as a rectifying mechanism in
circumstances of extreme state failure. In the wake of such failures on the part of the State
to fulfil its constitutional obligations, often leading to fatal consequences, the concept of
‘constitutional damages’ has become increasingly relevant. Since the inception of the
Constitution, courts have, on occasion, had to engage with whether ‘constitutional
damages’ are an appropriate remedy against the State for violating constitutionally
entrenched rights – particularly as a means of vindicating personality rights.
Provide a critical analysis of the judgment made by the Constitutional Court in the
Residents, Industry House case. In your analysis, engage the actio iniuriarum as a remedy
for personality injury claims and deliberate the reasons put forward by the Constitutional
Court on why Constitutional damages should not always be preferred in personality injury
claims. Run through the relevant facts of the case and marry them with the court’s findings
while considering whether or not the reasoning of the court was justified. In support of your
answer, refer to case law and other credible legal sources.
Journal Articles
Maseko TW, ‘The Feasibility of the Victims of Corruption’s Claim for Constitutional
Damages against Corrupt Public Officials in South Africa’ (2021) 54 De Jure 127
Neethling J, ‘Personality Rights: A Comparative Overview’ (2005) 38 CILSA 210
Neethling J, ‘The Law of Delict and Punitive Damages’ (2022) 29 Obiter 238
Internet source
Toxopeüs M, ‘Constitutional Damages: Recent Decisions in Focus’ (Helen Suzman
Foundation, 14 June 2018) <https://hsf.org.za/publications/hsf-briefs/constitutional-
damages-recent-decisions-in-focus> accessed 20 August 2023
Books
Cooper-Stephenson KD, Constitutional Damages Worldwide (Carswell 2013)
Klopper HB, Damages (LexisNexis 2017)
Potgieter JM, Steynberg L and Floyd TB, Visser & Potgieter Law of Damages (3rd ed, Juta
2012)
Cases
Carmichele v Minister of Safety and Security (Centre for Applied Legal Studies
intervening) [2001] ZACC 22; 2001 (4) SA 938 (CC); 2001 (10) BCLR 995 (CC)
Dikoko v Mokhatla [2006] ZACC 10; 2006 (6) SA 235 (CC); 2007 (1) BCLR 1 (CC)
Fose v Minister of Safety and Security [1997] ZACC 6; 1997 (7) BCLR 851; 1997 (3) SA
786
Komape v Minister of Basic Education [2018] ZALMPPHC 18
MEC for Department of Welfare v Kate [2006] ZASCA 49; 2006 (4) SA 478 (SCA); [2006]
2 All SA 455 (SCA)
Mvumvu v Minister for Transport [2011] ZACC 1; 2011 (2) SA 473 (CC) ; 2011 (5) BCLR
488 (CC)
President of the Republic of South Africa v Modderklip Boerdery (Pty) Ltd [2005] ZACC 5;
2005 (5) SA 3 (CC); 2005 (8) BCLR 786 (CC)
45
Legislation
The Constitution of the Republic of South Africa, 1996
TOPIC 2: MATRIMONIAL PROPERTY LAW
THE TRANSFORMATION OF MARRIAGES OUT OF COMMUNITY OF PROPERTY

WITHOUT THE APPLICATION OF THE ACCRUAL SYSTEM
Background
Marriage out of community of property without the application of the accrual system entails
that each party to the marriage retains their assets separately. What happens when the
marriage dissolves and one spouse directly or indirectly contributed to the growth of the
other spouse’s estate? Marriages concluded out of community of the property. Although
legally the spouses who marry out of community of property do not have entitlements to
each other’s property, this has recently taken a drastic turn. The mere fact that one of the
spouses could have contributed to another’s property could trigger the right to property.
This then obviously invokes the constitutional right to property. This affects notarial rules of
property in an indirect manner. Once a spouse has acquired a right to the other spouse’s
property through any sort of contribution, the property cannot be transferred without the
other spouse’s consent. This right to entitlement did not affect marriages entered before
1984, where parties completed an antenuptial contract effecting a marriage out of
community of property without the accrual system. In a constitutional dispensation one
wonders whether this is equitable since the right to property has become a constitutional
right. Everyone should be treated equally; this includes spouses who completed their
marriage before 1984. Is it equitable for the law to include those who concluded their
marriage before 1984 without the benefit of an accrual system or community of property?
Subtopics that you may consider:
• history of marriage regimes
• gender equality
• marital powers
Books
Heaton J (ed), The Law of Divorce and Dissolution of Life Partnerships in South Africa
(Juta 2014)
Heaton J and Kruger H, South African Family Law (4th edn, LexisNexis 2015)
Journal Articles
Robinson JA, ‘Matrimonial Property Regimes and Damages: The Far Reaches of the
South African Constitution’ (2007) 10(3) PELJ 70
Heaton J, ‘Striving for Substantive Gender Equality in Family Law: Selected Issues’ (2005)
21 SAJHR 547
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Legislation
Constitution of the Republic of South Africa, 1996 (equality clause)
Divorce Act 70 of 1979
Matrimonial Property Act 88 of 1984
Cases
Bezuidenhout v Bezuidenhout [2004] 4 All SA 487 (SCA); 2005 (2) SA 187 (SCA)
EB (born S) v ER (born B); KG v Minister of Home Affairs 2024 (1) BCLR 16 (CC); 2024
(2) SA 1 (CC)
Harksen v Lane 1997 (11) BCLR 1489; 1998 (1) SA 300 (CC)
Criminal and Procedural Law
TOPIC 1: CRIMINAL LAW
THE MEANING OF THE TERM ‘ORGANISED CRIME’
Background
The term ‘organised crime’ is synonymous with criminal activity committed on a large scale
and in an organised manner. Petty crimes therefore do not meet this category, or do they?
The term is not clearly defined, therefore there is room for improvement or confusion. This
creates misunderstanding about whether organised crime relates to perpetrators of
criminal activity, or the manner criminal activities are committed, or both. Since the gravity
of the crime attracts different criminal penalties, it would be wise to distinguish between
organised crime and other crimes. For instance, if we argue that organised crime relates to
gang activities, then a gang that commits petty crimes would not fall under this category
because the gravity of the crime may not attract penalties that follow organised crime.
Similarly, a single person can orchestrate an organised scheme that generates substantial
amounts of criminal proceeds, but because the person is not committing to a gang the
crime will not meet the definition of the term ‘organised crime’. Provide your opinion about
how ‘organised crime’ should be defined for optimally fighting this form of criminal activity.
Cases
Williams v Director of Public Prosecutions: Western Cape [2022] 1 All SA 269 (WCC);
2022 (2) SACR 481 (WCC)
Savoi v National Director of Public Prosecutions 2014 (5) BCLR 606 (CC); 2014 (1) SACR
545 (CC); 2014 (5) SA 317 (CC)
Book
Kruger A, Organised Crime and Proceeds of Crime in South Africa (2nd edn, LexisNexis
2013)
47
Thesis
Aslett D, ‘Combating Organised Crime in South Africa’ (LLD thesis, North-West University
2018)
Journal Articles
Gupta D, ‘Republic of South Africa's Prevention of Organised Crime Act: A
Comparative Bill of Rights Analysis’ (2002) 37 Harvard Civil Rights-Civil Liberties L
Rev 159
Mothibi KA, Roelofse CJ, Maluleke AH, ‘Organised Crime in South Africa since Transition
to Democracy’ (2015) 3(12) Sociology and Anthropology 649
von Bonde JC, ‘Organised Crime and Proceeds of Crime Law in South Africa’ (2009) 20
Stell LR 567
Legislation
Prevention of Organised Crime Act 121 of 1998
South African Police Service Act 68 of 1995
TOPIC 2: CRIMINAL LAW
THE EFFECT OF STALKING ON THE CYBER SPACE
Background
Stalking in terms of the law is synonymous with harassment and is regulated in terms of
the Protection from Harassment Act 17 of 2011 (the Act). This piece of legislation protects
one’s right to be free from behaviour and conduct that cause or lead to harm. This
behaviour in terms of the Act is either verbal, electronic or by any other communication.
The protection offered by this Act is in line with the Constitution of the Republic of South
Africa, 1996 (the Constitution). The Constitution guarantees everyone’s right to freedom
and security of person including the right to bodily and psychological integrity. The element
of protecting people even from electronic behaviour is important considering all the
advancements in technology. The Internet has made communication easily accessible to
everyone with a computer or a cell phone. The advancement in communication also has
brought about its negative elements. This is because the Internet has created the ‘faceless
perpetrator’ or a fake identity perpetrator. Legally, no person should use online platforms
to bully and stalk others. The right to freedom and security and to feel safe even online is
regulated by several pieces of legislation including the primary legislation discussed
above. Is the current legislation enough to protect people from a faceless predator or fake
identity perpetrators?
Cases
Mnyandu v Padayachi [2016] 4 All SA 110 (KZP); 2017 (1) SA 151 (KZP)
Book
Wright MF (ed), Recent Advances in Digital Media Impacts on Identity, Sexuality, and
Relationships (IGI Global 2020)
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Journal Articles
Cassim F, ‘Formulating Specialised Legislation to Address the Growing Spectre of
Cybercrime: A Comparative Study’ (2009) 12(4) PELJ 36
Manyame A, ‘Are Your Hands Tied When It Comes to Cyber Harassment?’
(2018) Sept DR 22
Sissing S and Prinsloo P, ‘Contextualising the Phenomenon of Cyberstalking and

Protection from Harassment in South Africa’ (2013) 26(2) Acta Criminologica:
Southern African Journal of Criminology 15
Legislation
Constitution of the Republic of South Africa, 1996
Protection from Harassment Act 17 of 2011
TOPIC 3: CRIMINAL PROCEDURE
THE RIGHT TO PRE-TRIAL RELEASE IN THE CONTEXT OF THE CONSTITUTION
Background
Section 205(3) of the Constitution of the Republic of South Africa, 1996 (the Constitution)
defines the objects of the police services.
In achieving these objectives, the police are required in appropriate circumstances to
arrest and detain persons suspected of committing offences. A delicate balance must be
struck between the need for incarceration and the right to freedom since the accused has,
at this stage, not yet been convicted of a crime.
The following are the most important aspects to be kept in mind when discussing the
question of presumption of innocence in the context of pre-trial release:
(1) According to the Constitution, every person enjoys the right
(a) to dignity, and also to have their dignity respected and protected (s 10)
(b) not to be deprived of freedom arbitrarily or without just cause (s 12(a))
(c) to be presumed innocent, to remain silent, and not to testify during the
proceedings (s 35(3)(h))
(d) to be informed promptly of the right to remain silent, and the
consequences of not exercising that right (s 35(1)(b))
(e) not to be compelled to give self-incriminating evidence (s 35(3)(j))
The above-mentioned rights are ex facie, often trammelled upon when a
suspect is arrested and detained before conviction. The need for law-
enforcement agencies to incarcerate suspected offenders must be weighed and
measured against the aforementioned individual rights as enshrined in the
Constitution, in conjunction with the safety-valve of imperative and necessity to
limit these rights (s 36).
(2) In bail applications, the presumption of innocence operates in favour of the
accused, even where there is a strong prima facie case against him/her.
49
(3) The Criminal Procedure Act 51 of 1977 regulates pre-trial incarceration and
release mechanisms, which include release bail. In terms of section 60(11),
where an accused is charged with an offence referred to‒
(a) in Schedule 6, the court shall order that the accused be detained in
custody … unless the accused … adduces evidence which satisfies
the court that exceptional circumstances exist which in the interests of
justice permit his or her release;
(b) in Schedule 5, but not in Schedule 6, the court shall order that the
accused be detained in custody … unless the accused … adduces
evidence which satisfies the court that the interests of justice permit
his or her release.
(4) The following underlying assumptions inform the application of section 60(11)
by the courts:
(a) The legislature has created a code of offences (especially listed in
Schedules 5 and 6) in respect of which courts must apply stringent
rules in the adjudication of pre-trial release on bail
(b) Sections 60(11)(a) and (b) are embedded with specific phrases
which inform the standard and the onus which must be applied in the
adjudication of bail applications, and which are the bedrock of court
judgment principles
(c) Bail applications are regarded as sui generis proceedings which are
neither completely criminal nor civil in nature.
(5) The following are some of the unique features which underlie the presumption
of innocence in the context of bail:
(a) In respect of ordinary criminal proceedings, the prosecution is
required to discharge the burden of proof. However, sections
60(11)(a) and (b) essentially create a reverse onus, in terms of which
the accused instead of the prosecution bears the onus
(b) The accused is required to reveal to the court any (s 60(11B))‒
(i) previous convictions under his name, and
(ii) outstanding cases in respect of which he is currently on
bail.
Failure to disclose the above-mentioned information, or the disclosure of false
information in this regard makes the accused liable to a punishable offence (s
60(11B)(d)).
The facts
Money Grabber procures the services of Mokwepa, Moswinini and Letsolobolo to kill her
rich husband, Scrooch Masheleng, whom she accuses of ‘hording money and not doing
anything for her’. The murder is planned for a day on which Money would supposedly be
visiting her mother, an obvious ruse to create a plausible alibi. The assailants enter the
deceased’s house on the appointed day, and shoot and kill Scrooch. In the process, the
assailants are, however, accosted by the house helper, Faith Wannete. The assailants fire
shots at her from a firearm. However, she manages to escape, and also to identify two of
the criminals. Mokwepa, Moswinini and Letsolobolo are arrested two weeks after the
incident and detained on the information supplied by Faith. During intense interrogation by
the police, Letsolobolo ‘fingers’ Money Grabber as the ‘mastermind’ behind the crimes.
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She is subsequently arrested and joined with Mokwepa, Moswinini and Letsolobolo as co-
accused. The four accused bring a bail application in a bid for freedom.
The issues before the court

The court is required to determine the following factors:
(1) Whether the interests of justice permit the accused’s release on bail (s 60(1)(a),
(s 60(11))
(2) The interests of justice do not permit the accused’s release on bail where the
likelihood exists that the accused if released on bail (s 60(4)(a)-(e))‒
(a) will endanger the safety of the public or any particular person or
commit a Schedule 1 offence; or
(b) will attempt to evade his or her trial; or
(c) will attempt to influence or intimidate witnesses or to conceal or
destroy evidence; or
(d) will undermine or jeopardise the objectives or the proper functioning
of the criminal justice system, including the bail system;
(e) will disturb the public order or undermine the public peace or security;
(3) Identify where the offences mentioned in the set of facts fit into the matrix of
section 60 of the Criminal Procedure Act 51 of 1977
(4) Determine the most important protections accorded by the Bill of Rights vis-à-
vis the provisions of the CPA discussed in (3) above.
Legislation
Criminal Procedure Act 51 of 1977
Books
Ally D and Mokoena MT, The Basic Guide to Criminal Procedure; A Rights-Based
Approach (Juta 2013)
Joubert JJ (ed) and others, Criminal Procedure Handbook (13th edn, Juta 2020)
Joubert C, Applied Law for Police Officials (5th edn, Juta 2018)
Mokoena MT, A Guide to Bail Applications (2nd ed, Juta 2018)
Van der Berg J, Bail: A Practitioner’s Guide (3rd ed, Juta 2012)
Cases
C 1998 (2) SACR 721 (C)
Dlamini 1999 (2) SACR 51 (CC); 1999 (4) SA 623 (CC)
Ellish v Prokureur-Generaal, WPA 1994 (4) SA 835 (W); 1994 (5) BCLR 1 (W); 1994 (2)
SACR 579 (W)
Magano v District Magistrate, Johannesburg 1994 (2) SACR 304 (W); 1994 (4) SA 169
(W); 1994 (2) BCLR 125 (W)
Mazibuko 2010 (1) SACR 435 (KZP)
Mbele 1996 (1) SACR 212 (W)
51
Mohammed 1999 (2) SACR 507 (C)
Pillay v Krishna 1946 AD 946
Schietekat 1999 (1) SACR 100 (C)
Vanqa 2000 (2) SACR 371 (Tk)
Public, Constitutional and International Law
TOPIC 1: CONSTITUTIONAL LAW
THE CONSTITUTIONAL COURT’S POWER TO DECIDE MATTERS OF GENERAL

PUBLIC IMPORTANCE
Background
The Constitutional Court may decide any matter if the Constitutional Court grants leave to
appeal on the grounds that the matter raises an arguable point of law of general public
importance which ought to be considered by that Court. The court’s jurisdiction has been
redefined, and owing to this development various important issues have risen. On one
hand, the issue of determining the court’s jurisdiction in relation to accepting appeals on
matters of general public importance appears to be important. On the other hand, the
standard that the court should adopt in deciding such matters also appears to raise serious
issues. There are indeed various dynamics at work.
You may decide to consider either or both of the following in your research paper within
the constitutional context: how the Court should decide whether a particular matter is one
that raises an arguable point of law of general public importance; and if the court decides
that it is indeed such a matter, what standard should be used to decide matters of general
public importance.
Cases
Competition Commission of South Africa v Media 24 (Pty) Limited 2019 (5) SA 598 (CC);
2019 (9) BCLR 1049 (CC)
Everfresh Market Virginia (Pty) Ltd v Shoprite Checkers (Pty) Ltd 2012 (1) SA 256 (CC);
2012 (3) BCLR 219 (CC)
Jacobs v S 2019 (1) SACR 623 (CC); 2019 (5) BCLR 562 (CC)
Paulsen v Slip Knot Investments 777 (Pty) Limited 2015 (3) SA 479 (CC); 2015 (5) BCLR
509 (CC)
Tiekiedraai Eiendomme (Pty) Limited v Shell South Africa Marketing (Pty) Limited 2019 (7)
BCLR 850 (CC)
Legislation
52
RRLLB81/103/1/2024
Journal Articles
Dugard J, ‘Court of First Instance? Towards Pro-Poor Jurisdiction for the South African
Constitutional Court’ (2006) 22 SAJHR 261
Fowkes J, ‘How to open the doors of the Court ‒ Lessons on access to justice from Indian
PIL’ (2011) 27 SAJHR 434
Lewis C, ‘Reaching the Pinnacle: Principles, Policies and People for a Single Apex Court
in South Africa’ (2005) 21 SAJHR 509
Nkoane P, ‘Deciding Non-Constitutional Matters of General Public Importance in South
African law: Can Constitutional Values be Used?” (2021) 25 Law, Democracy &
Development 604
Nkoane P, ‘The United States Supreme Court’s Case Selection: A Primer for the South
African Constitutional Court in Hearing Matters of General Public Importance’ (2021)
8 J of Comp L in Africa 149
Dissertation
Nkoane P, ‘Analysing the Jurisdiction of the Constitutional Court to Hear Appeals on
Matters of General Public Importance’ (LLM dissertation, University of Cape Town
2019)
TOPIC 2: ADMINISTRATIVE LAW
THE DOCTRINE OF FUNCTUS OFFICIO AND DEFECTIVE ADMINISTRATIVE

ACTIONS IN ADMINISTRATIVE LAW
Background
Functus Officio is the principle in terms of which decisions of officials are deemed to be
final and binding once they are made. The decision cannot, once made, be revoked by the
decision maker in the absence of statutory authority. The official could, however, approach
a court of law to set aside his/her own decision. This maintains the principle of legality and
ensures that functionaries do not exercise more power than they have. This creates
certainty because the bearer or receiver of a right and the granter of a right know where
they stand legally. The doctrine (Functus Officio) applies only to decisions that are final
and where rights or benefits have been granted. This however creates a conundrum where
a decision is invalid or unfair ab initio. Particularly administrative actions which unfairly or
invalidly granted rights or benefits. This creates problems for the granter of rights or
benefits once it is discovered that the administrative action is defective. The administrative
action could be unfair, invalid, or void. All these circumstances yield different legal
outcomes and affect the granter of rights and the receiver of rights differently.
Conduct research and investigate why defective administrative action affects certainty, and
how the doctrine of Functus Officio affects administrative law. You may choose to focus on
invalid, unfair or void administrative actions, or all of these defective administrative actions.
Cases
AllPay Consolidated Investment Holdings (Pty) Ltd v Chief Executive Officer, South African
Social Security Agency (No 2) 2014 (4) SA 179 (CC)
Oudekraal Estates (Pty) Ltd v City of Cape Town 2004 (6) SA 222 (SCA)
53
Legislation
Promotion of Administrative Justice Act 3 of 2000
Books
Burns Y and Henrico R, Administrative Law (5th edn, Juta 2020)
Quinot G (ed), Administrative Justice in South Africa: An Introduction (2nd edn, Oxford
2021)
Journal Articles
Henrico R, ‘The Functus Officio Doctrine and Invalid Administrative Action in South African
Administrative Law: A Flexible Approach’ 2020 (34) Spec Juris 115
Pretorius DM, ‘The Origins of the Functus Officio Doctrine with Specific Reference to its
Application in Administrative Law’ 2005 SALJ 832
Jurisprudence
TOPIC 1: LEGAL PHILOSOPHY
THE PHILOSOPHY OF PUBLIC POLICY
Background
Public policy analysis implies an estimation and examination of formulating, adopting, and
implementing a principle or course of action intended to improve economic, social, or other
public issues. The term ‘public policy’ is often used when describing what would be in the
best interest of the community, considering the history of the society and its prospects.
This philosophy seems to underpin the notion of public good in the true sense of the word.
But, philosophically, how could an institution such as a court or a lawmaker capture the
meaning of the term perfectly? How is it possible that an institution would know what is in
the general interest of the community at large, particularly where people have different
needs and aims? The adoption of the notion of public policy is intended to solve current
and future problems. It should therefore be future oriented. Thus, the courts when referring
to public policy refers to a policy that recognises the future and takes cognisance of the
present and the past. In this sense, public policy should be shaped in a manner that
weighs competing rights or interests and adopts measures that advance more compelling
rights or interests. Can the idea of public policy be used to transform society and its laws?
What would be an ideal concept of public policy in this constitutional dispensation?
Provide your own understanding and opinion about public policy in a legal philosophy
sense.
Books
De Vos P and Freedman W (eds), South African Constitutional Law in Context (2nd edn,
OUP 2021)
Rautenbach C (ed), Introduction to Legal Pluralism in South Africa (6th edn, LexisNexis
2021)
54
RRLLB81/103/1/2024
Journal Articles
Govender J and Reddy PS, ‘Failing the Public through Public Policy: A Review of the Local
Government Experience in South Africa’ (2012) 5 African J of Public Affairs 69
Malapane M and Nyane H, ‘The Role of the Courts in the Public Policy Domain in South
Africa’ (2023) 43 Obiter 713
Legislation
Cases
Barkhuizen v Napier 2007 (5) SA 323 (CC); 2007 (7) BCLR 691 (CC)
King v De Jager 2021 (5) BCLR 449 (CC); 2021 (4) SA 1 (CC)
TOPIC 2
REFLECTIONS ON THE PROPERTY STATUS OF ANIMALS IN SOUTH AFRICAN LAW
Background
The suggested topic speaks to increased critique (both locally and internationally) on the
legal classification of animals as objects or things, given their sentience. Several countries
around the world have started to grant legal personhood to certain animals, and the recent
decision by the Constitutional Court in National Society for the Prevention of Cruelty to
Animals v Minister of Justice and Constitutional Development 2017 (4) BCLR 517 (CC)
leaves ample room for critical engagement on the topic in South African law.
Books
Pickover M, Animal Rights in South Africa (Double Storey 2005)
Singer P, Animal Liberation (4th ed, Harper Collins 2009)
Wise SM, Rattling the Cage: Toward Legal Rights for Animals (Perseus 2000)
Journal Articles
De Villiers JH, ‘Animal Rights Theory, Animal Welfarism and the “New Welfarist”
Amalgamation: A Critical Perspective’ 2015 (2) SAPL 401
De Villiers JH, ‘Law and the Question of the Animal: A Critical Discussion of National
Society for the Prevention of Cruelty to Animals v Minister of Justice and
Constitutional Development’ 2019 (136) SALJ 207
Case
National Society for the Prevention of Cruelty to Animals v Minister of Justice and
Constitutional Development 2017 (1) SACR 284 (CC); 2017 (4) BCLR 517 (CC)
55
All the best with your research!
Kind regards
Adv LC Coetzee
Mr P Nkoane
Adv U Poyo
56

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RRLLB81/103/1/2024

Tutorial Letter 103/1/2024

Department of Criminal and Procedural Law

This tutorial letter contains important information

2 LEGAL RESEARCH ..................................................................................................................... 6

3 THE RRLLB81 RESEARCH JOURNEY ....................................................................................... 6

4 THE RESEARCH JOURNEY FROM SELECTING THE TOPIC TO SUBMITTING

4.1 Selecting a topic ........................................................................................................................... 7

5.1 Ongoing revision ......................................................................................................................... 36

• Assessment 1 is a multiple-choice assignment, consisting of twenty (20) questions.

• Assessment 2 is a draft research report. A draft, in this sense, is a preliminary version

NOTE: NO EXTENSION IS GRANTED FOR LATE SUBMISSION OF

Research entails a careful and systematic investigation or study of a subject aimed at

The acquisition of knowledge proceeds from basic to specialised. Once in possession of

3 THE RRLLB81 RESEARCH JOURNEY

4 THE RESEARCH JOURNEY FROM SELECTING THE TOPIC TO

4.2 Formulating your own research question, title, and research

Topic: Physician-assisted suicide and the protection of human rights

Research question: Would recognition of physician-assisted suicide serve to safeguard the

Title: Physician-assisted suicide as expression of the right to security in and

Hypothesis: Recognition of physician-assisted suicide endorses the right to security

4.3 Researching the topic you have chosen

4.3.1 Types of sources

4.3.1.1 Primary sources

4.3.1.2 Secondary sources

4.3.2 Accessing reliable sources of legal information

4.3.2.1 A word of caution on the use of the Internet as a source of information

4.3.2.2 Databases for reliable, authoritative and persuasive sources of law

Acts Online Full-text

Court websites Full judgments / court documents

Law database Link / where to find

4.3.3 Evaluation of sources

4.5 Drafting Assessment 2

4.5.1 Adding content to your report outline

4.5.2 Components/elements of your draft (and final) research report(s)

4.5.2.1 Front cover

[FULL NAMES AND SURNAME OF STUDENT]

Submitted in partial fulfilment of the requirements for the degree

DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW

ACADEMIC HONESTY DECLARATION

MODULE CODE: RRLLB81

MARK RECEIVED FOR ASSESSMENT 1: …..%

MARK RECEIVED FOR ASSESSMENT 2: …..%

Choose your keywords carefully, ensuring that they—

4.5.2.5 List of abbreviations and acronyms

LIST OF ABBREVIATIONS AND ACRONYMS

AIDS Acquired immunodeficiency syndrome

CPA Criminal Procedure Act 51 of 1977

GSJ South Gauteng High Court, Johannesburg

HIV Human immunodeficiency virus

HPCSA Health Professions Council of South Africa

SAHRC South African Human Rights Commission

SALRC South African Law Reform Commission

THRHR Journal of Contemporary Roman-Dutch Law / Tydskrif vir Hedendaagse

Unisa University of South Africa

4.5.2.6 Table of contents

A good problem statement—

4.5.2.8 Body / Middle chapters