Rrllb81: Tutorial Letter 103/2/2024

RRLLB81/103/2/2024
Tutorial Letter 103/2/2024
Research Report
RRLLB81
Semester 2
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 ....................................................................................... 7
4 THE RESEARCH JOURNEY FROM SELECTING THE TOPIC TO SUBMITTING

ASSESSMENT 2 .......................................................................................................................... 8
4.1 Selecting a topic ........................................................................................................................... 8

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 ..................................................................................................................... 11
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.................................................................................................................. 14
4.4 Construct an outline .................................................................................................................... 15
4.5 Drafting Assessment 2 ................................................................................................................ 17
4.5.1 Adding content to your report outline .......................................................................................... 17
4.5.2 Components/elements of your draft (and final) research report(s) ............................................... 17
4.5.2.1 Front cover ................................................................................................................................. 17
4.5.2.2 Declaration of authenticity ........................................................................................................... 19
4.5.2.3 Abstract ...................................................................................................................................... 19
4.5.2.4 Keywords .................................................................................................................................... 20
4.5.2.5 List of abbreviations and acronyms ............................................................................................. 20
4.5.2.6 Table of contents ........................................................................................................................ 21
4.5.2.7 Introduction ................................................................................................................................. 21
4.5.2.8 Body / Middle chapters ............................................................................................................... 22
4.5.2.9 Conclusion .................................................................................................................................. 24
4.5.2.10 Bibliography .......................................................................................................................... 24
4.6 Some observations concerning legal writing ............................................................................... 25
4.6.1 Keep it clear and simple .............................................................................................................. 25
4.6.2 Hallmarks of good academic legal writing ................................................................................... 25
4.6.2.1 Clear ........................................................................................................................................... 25
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4.6.2.2 Concise....................................................................................................................................... 25
4.6.2.3 Formal ........................................................................................................................................ 26
4.6.2.4 Substantiated .............................................................................................................................. 26
4.6.2.5 Rational ...................................................................................................................................... 26
4.7 Flow of ideas............................................................................................................................... 26
4.7.1 Bridge sentences ........................................................................................................................ 26
4.7.1.1 The recapitulating bridge............................................................................................................. 27
4.7.1.2 The implication or complication bridge ........................................................................................ 28
4.7.1.3 The question ............................................................................................................................... 28
4.7.2 Transition words and phrases ..................................................................................................... 29
4.7.3 Practical suggestions on how to ensure proper flow.................................................................... 30
4.8 Proofreading, editing and submitting your draft ........................................................................... 30
4.9 Ensuring that a Turnitin originality report is created for your submission ..................................... 31
4.9.1 How to submit your document to Turnitin ....................................................................................... 31
4.9.1.1 Accepting the End User License Agreement (EULA) .................................................................. 31
4.9.1.2 File formats readable by Turnitin ................................................................................................. 32
4.9.1.3 What happens after submission? ................................................................................................ 34
4.9.1.4 How to open the originality report................................................................................................ 35
4.9.1.5 What the originality report indicates ............................................................................................ 35
4.9.1.6 Is there an acceptable plagiarism percentage? ........................................................................... 35
4.9.1.7 Is there an acceptable similarity percentage? ............................................................................. 36
4.9.1.8 How to improve content originality in your submissions .............................................................. 37
4.9.2 Round robin run upon the closing of the assessment .................................................................. 38
4.9.3 What else can the markers and lecturers see on a Turnitin report for which students may be
penalised? .................................................................................................................................. 38
4.9.4 What to do if you have any problems with any aspect of Turnitin ................................................ 39
5 THE RESEARCH JOURNEY FROM AFTER SUBMISSION OF ASSESSMENT 2 TO
SUBMITTING ASSESSMENT 3 ................................................................................................. 39
5.1 Ongoing revision ......................................................................................................................... 39

5.2 What to expect from the assessment of Assessment 2 ............................................................... 39
5.3 Very important warning concerning Assessment 3 ...................................................................... 40
5.4 Tasks involved in preparing your final research report ................................................................ 41
SECTION B: TOPICS FOR ASSESSMENT 2 AND ASSESSMENT 3……………….42
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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.
An Assessment 2 with an overall similarity score of 65% or above on Turnitin will not be
marked and will be awarded 0%, and the student who submitted it will not have the
benefit of feedback on their draft.
• 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.
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An Assessment 3 with an overall similarity score of 65% or above on Turnitin will not be
marked and will be awarded 0%.
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
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 42 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
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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.
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.
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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
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).
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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
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
textbook 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.
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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
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.
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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.
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. You are not allowed to use paraphrasing tools or Artificial
Intelligence to phrase any part of your research paper. 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
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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
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.
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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’
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
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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)
13
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 halfway 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
15
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
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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.
17
[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)
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RRLLB81/103/2/2024
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
19
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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RRLLB81/103/2/2024
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;
21
• 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.
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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
23
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.
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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.
25
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 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. If the document cannot
be read by Turnitin, the following message will appear below your submission where the
overall similarity percentage would normally appear:
If you click on the question mark in the blue circle, a message will pop up :
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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’.
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.
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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
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:
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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 distinct 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.
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 one 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
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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 of
plagiarism. The higher the percentage, the greater the prima facie suspicion.
Even if there is no plagiarism in your work, it may still lack originality if the contents
are merely taken from other sources with acknowledgement of the author. You may
be penalised by the marker for lack of originality. The markers will exercise their
discretion in this regard. However, if the overall similarity score is 65% or higher,
your assessment will not be marked, and you will be awarded 0%. Every criterion on
the marking guide will get a score of 0. This rule applies to both Assessment 2 and
Assessment 3. Obviously, if your Assessment 2 is not marked due to a lack of
originality, you will not have the benefit of feedback on your draft research paper.
Below is an example of a Turnitin report showing an unacceptably high overall
similarity score (of 68%).
Very important: As a universal rule for all Unisa students, the similarity of
submission content to an INDIVIDUAL source MUST BE BELOW 5%. This means
that if the similarity check is set to ‘Top sources’, none of the sources listed may be
5% or above. Below is an example of a Turnitin report where the first four sources
are all 5% or above.
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Originality reports are analysed to determine if plagiarism occurred, whether inadvertently

or with intent. As already mentioned above, plagiarism, if present in the assessment, 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 an extremely 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
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 various 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.
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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 reason, 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.
4.9.3 What else can the markers and lecturers see on a Turnitin report for which
students may be penalised?
Lecturers and markers can see—
• whether you have used Artificial Intelligence in generating your research paper.
The use of Artificial Intelligence is NOT permitted in this module. The use of online
paraphrasing tools to paraphrase text is also forbidden.
• whether your document is in the correct, prescribed font, namely Arial. If it is not in
Arial, it will not be marked.
• if there had been any attempts to hinder similarity detection by exploiting

exclusion mechanisms or artificially inflating the word count. Turnitin can alert
markers and lecturers that text has been manipulated in an attempt to pass off
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plagiarised content as genuine. Attempting to hinder similarity detection constitutes
academic misconduct for which students may be subjected to disciplinary steps.
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
[email protected] and [email protected].
• Always write from your myLife e-mail account.
• Always type [email protected] 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 provides
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
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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.
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
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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.
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.
41
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: INSURANCE LAW
LIABILITY INSURANCE IN SOUTH AFRICAN LAW AS A COMPLEX FORM OF

INDEMNITY INSURANCE
Background
There are several classifications of insurance; the most common is the distinction between
indemnity insurance (also referred to as non-life insurance) and non-indemnity insurance
(also referred to as life insurance). With indemnity insurance, the insurer indemnifies the
insured for loss or damage suffered as a result of the happening of the uncertain event
insured against. First-party insurance and third-party insurance are examples of indemnity
insurance. The distinction between these two types of insurance centre on the nature of
the object of the risk and the object of insurance. First-party insurance (such as property
insurance) concerns assets in the insured’s estate. Third-party insurance (such as liability
insurance) concerns the liabilities of the insured’s estate.
Liability insurance concerns an insured’s insurance of its legal liability towards a third party
for the latter’s loss. There is a lack of understanding of the intricacies of liability insurance
and its unique challenges in South African insurance law. Legal issues arise in respect of
the liability insurer’s duty to indemnify its insured, and in relation to the liability insurer’s
conduct of the defence and settlement of third-party claims brought against the insured
defendant.
Liability insurance has a complex nature as third-party insurance, which involves legal
obligations between multiple parties. There is also a lack of statutory regulation of the
distinctive contractual aspects of liability insurance. Furthermore, limited authority exists on
contentious legal aspects as a result of the relatively small number of judicial decisions in
this field of law.
It is evident that liability insurance constantly evolves as new grounds of liability emerge
and new insurance products develop in response to the changing demands of society.
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Suggested reading material
Cases
Truck and General Insurance Co Ltd v Verulam Fuel Distributors CC 2007 (2) SA 26
(SCA)
Van Immerzeel v Santam Ltd 2006 (3) SA 349 (SCA)
Venfin Investments (Pty) Ltd v KZN Resins (Pty) Ltd t/a KZN Resins [2011] 4 All SA 369
(SCA)
Legislation
Insolvency Act 24 of 1936
Insurance Act 18 of 2017 (see Schedule 2 table 2 on the class and sub-classes of liability
insurance)
Books
Reinecke MFB, Van Niekerk JP and Nienaber PM, South African Insurance Law
(LexisNexis 2013)
Nagel CJ and Kuschke B (eds), Commercial Law (6th edn, LexisNexis 2019)
Journal Articles
Jacobs W, ‘Liability Insurance in a Nutshell: Simplified Complexities or Complex
Simplicities?’ (2009) 21 SA Merc LJ 202
Van Niekerk JP, ‘Successive but Overlapping “Claims-Made” Policies and a Question of
Quantum’ (2006) 18 SA Merc LJ 383
Van Niekerk JP, ‘The Scope of Application of Section 156 of the Insolvency Act: Within or
beyond the Realm of Indemnity (Liability) Insurance Contracts: Venfin (Pty) Ltd v
KZN Resins (Pty) Ltd t/a KZN Resins’ (2010) 22 SA Merc LJ 453
TOPIC 2: INSOLVENCY LAW
TRANSFORMATIVE CONSTITUTIONALISM AND REHABILITATION IN SOUTH

AFRICAN INSOLVENCY LAW
Background
Initially, Insolvency Law did not recognise a discharge of unpaid debt of paramount
importance. However, the discharge that provides the debtor with some kind of a fresh
start has grown in importance in many modern insolvency regimes internationally.
In South Africa rehabilitation, which can provide for a fresh start, may take anything from
six months to ten years, and achieving it can be onerous for an insolvent debtor.
Insolvency restricts the activities of a debtor in many ways economically and in status
between sequestration and rehabilitation. The rehabilitation provisions may be too
burdensome in our modern era and in view of international developments.
A further consideration is that it is only sequestration followed by rehabilitation that grants
an overburdened debtor a discharge of pre-sequestration debt. No other debt relief
measures provide for a discharge and consequently a fresh start. So central to the
rehabilitation of the debtor is the concept of a fresh start for the insolvent, who is generally
freed from his pre-sequestration debts and the restrictions on him that result from
sequestration.
43
A constitutional question that may arise in connection with the rehabilitation of the
insolvent concerns the time taken for rehabilitation of individuals (natural persons) to
occur. On the one hand, in South African law automatic rehabilitation is generally provided
after 10 years from the date of sequestration. On the other hand, rehabilitation may take
place in periods of less than 10 years, depending on whether the particular requirements
of the Insolvency Act are met. Therefore, rehabilitation may be applied for after a period of
six months has elapsed since the sequestration date and no claims have been proved
against the insolvent estate.
These South African periods in what is a creditor-friendly system may be contrasted with
the shorter periods which are to be found in some more debtor-friendly foreign
jurisdictions.
The constitutional challenge would be based on the argument that it is "unreasonably
burdensome", as contrasted with foreign developments, for the South African insolvent
individual to be required to continue to account to the trustee for economic activities during
the sequestration period. However, this again will have to be weighed up against the
limitation clause in the Constitution if the possible infringement of an insolvent debtor's
rights is challenged in the courts.
Cases
Grevler v Landsdown NNO 1991 (3) SA 175 (T)
Ex Parte Le Roux 1996 (2) SA 419 (C)
Ex Parte Oosthuizen [2012] 4 All SA 408 (NWM)
Ex Parte Van Zyl 1991 (2) SA 313 (C)
Books
Smith A, Van der Linde K and Calitz J, Hockly’s Law of Insolvency, Winding-up and
Business Rescue (10th edn, Juta 2022)
Fletcher IF, The Law of Insolvency (4th edn, Sweet & Maxwell 2009)
Boraine A and Evans R, ‘The Law of Insolvency and the Bill of Rights’ in The Bill of Rights
Compendium (Lexis Nexis 2009) para 4A8
Journal Articles
Roestoff M and Coetzee H, ‘Debt Relief for South African NINA Debtors and What Can be
Learned from the European Approach’ (2017) 50 CILSA 251
Legislation
Constitution of the Republic of South-Africa, 1996
Insolvency Act 24 of 1936
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TOPIC 3: INTELLECTUAL PROPERTY LAW
THE INTERRELATIONSHIP WITH ARTIFICIAL INTELLIGENCE AND INTELLECTUAL

PROPERTY
Background
The recent rapid advancement of technology is slowly being recognised as a game-
changer in human history. Generative technology in the form of Artificial Intelligence (AI)
can now be used to perform a myriad of human functions ranging in difficulty and
complexity. AI can now be used to create inventions and works that not only mimic but
also rival human creations. The seamless integration of AI across diverse industries has
sparked a paradigm shift in business and creative work processes.
While these technological advancements present opportunities for innovation, cost
effectiveness and efficiency, they simultaneously pose complex challenges in the realm of
Intellectual Property Law. The intersection between AI and Intellectual Property manifests
several problems in all areas of Intellectual Property, namely: Copyright, Trademark,
Design and Patent laws.
AI technology is now being used to create inventions and works autonomously, with
minimum human input or creativity. Intellectual Property law has always been known an
umbrella term to describe products of the human intellect. Thus, it is debatable whether
works created from AI, with minimal or no human intellect, are subject to Intellectual
Property protection, and whether current Intellectual Property laws allow for inventions and
works created by AI to acquire Intellectual Property rights.
Books
Dean O and Dyer A (eds), Introduction to Intellectual Property Law (OUP 2014)
Ncube CB and others (eds), Artificial Intelligence and the Law in Africa (LexisNexis 2023)
Cases
Haupt v Brewers Marketing Intelligence (Pty) Ltd 2006 (4) SA 458 (SCA)
MoneyWeb (Pty) Ltd v Media 24 Ltd [2016] 3 All SA 193 (GJ); 2016 (4) SA 591 (GJ)
Legislation
Copyright Act 98 of 1978
Patents Act 57 of 1978
Trade Marks Act 194 of 1993
Journal Articles
Khan R and Gotora N, ‘One (Innovation) Flew over the Law’s Head: The Intersection of
Artificial Intelligence and Copyright’ (2023) 11 South African Intellectual Property Law
Review 72
Ncube CB and Oriakhogba DO, ‘Monkey Selfie and Authorship in Copyright Law: The
Nigerian and South African Perspective’ (2018) 21 PELJ 1
Ndlovu L, ‘Enhancing the Value of Patents as Corporate Assets in South Africa: How Can
Artificial Intelligence (AI) Assist?’ (2021) 24 PELJ 1
45
Other Sources of Interest
Naruto v Slater 2016 WL 362231
Telstra Corporation v Phone Directories Co Pty (2010) FCA 11 102
PRIVATE LAW
TOPIC 1: FAMILY LAW
THE PROTECTION OF THE RIGHTS OF WOMEN IN CUSTOMARY MARRIAGES IN

SOUTH AFRICA THROUGH THE RECOGNITION OF CUSTOMARY MARRIAGES ACT
120 OF 1998
Background
The Recognition of Customary Marriages Act 120 of 1998 (RCMA) was introduced on 15
November 2000. The RCMA was promulgated not only to provide full recognition to
customary marriages but also to provide spouses in customary marriages with equal
status and capacity. However, 24 years later it is evident that the interventions in the
RCMA do not protect women in customary marriages adequately.
Critically evaluate the protection of women’s rights in terms of the Recognition of

Customary Marriages Act 120 of 1998 and explain whether the Act adequately protects the
rights of women in customary marriages in South Africa. Relevant aspects include the
requirements for a customary marriage; the uncertainty regarding the proof of the validity
of customary marriages; the lack of registration of customary marriages; the patrimonial
consequences of customary marriages; divorce and its consequences.
Journal Articles
Bakker P, ‘Gender Equality in Customary Marriages: Is the Deregulation of Customary
Marriages the Solution?’ [2023] Acta Juridica 152
Johnson E, ‘The Active Role of South Africa’s Constitutional Court in Advancing Women’s
Rights and Proprietary Interests in the Customary Law of Marriage’ [2023] Acta
Juridica 46
Kovacks RJ, Ndashe S and Williams J, ‘Twelve Years Later: How the Recognition of
Customary Marriages Act of 1998 is Failing Women in South Africa’ [2013] Acta
Juridica 273
Books
Rautenbach C, Introduction to Legal Pluralism in South Africa (6th edn, LexisNexis 2021)
Cases
Ramuhovhi v President of the Republic of South Africa 2018 (2) BCLR 217 (CC); 2018 (2)
SA 1 (CC
Sithole v Sithole 2021 (6) BCLR 597 (CC); 2021 (5) SA 34 (CC)
Tsambo v Sengadi [2020] ZASCA 46
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Legislation
Recognition of Customary Marriages Act 120 of 1998
TOPIC 2: LAW OF PERSONS
THE HISTORICAL POSITION AND RECENT DEVELOPMENTS REGARDING THE

ACQUISITION OF PARENTAL RESPONSIBILITIES AND RIGHTS BY SAME-SEX LIFE
PARTNERS WHO HAVE CHILDREN VIA IN VITRO FERTILISATION
Background
Ayanda and Buhle are involved in a same-sex permanent life partnership. Ayanda and
Buhle underwent in vitro fertilisation: Buhle’s ova (eggs) were fertilised with donor sperm,
and the embryos were transferred to Ayanda’s uterus. A successful pregnancy resulted in
the birth of twin boys, Zuko and Zukile.
With reference to authority, discuss the historical position and recent developments
regarding the acquisition of parental responsibilities and rights by same-sex life partners
who have children via in vitro fertilisation. Also advise Ayanda and Buhle on the issue of
their parental responsibilities and rights in respect of Zuko and Zukile.
Additional Information
Students should note that Heaton J, The South African Law of Persons (6th edn,
LexisNexis 2021) refers to the position before the Constitutional Court decision in VJV v
Minister of Social Development 2023 (10) BCLR 1250 (CC), 2023 (6) SA 87 (CC).
However, as students are expected to discuss the historical position, it is important that
they consult the textbook, as well as the repealed Children’s Status Act 82 of 1987. They
should then indicate how the decision in VJV v Minister of Social Development 2023 (10)
BCLR 1250 (CC), 2023 (6) SA 87 (CC) has affected the legal position.
Books
Heaton J, The South African Law of Persons (6th edn, LexisNexis 2021)
Journal Articles
Louw A, ‘Lesbian Parentage and Known Donors: Where in the World are We?’ 2016 (133)
SALJ 1
Legislation
Children’s Act 38 of 2005
Children’s Status Act 82 of 1987 (repealed)
Constitution of the Republic of South Africa, 1996
Cases
J v Director-General, Department of Home Affairs 2003 (5) BCLR 463 (CC)
VJV v Minister of Social Development 2023 (10) BCLR 1250 (CC); 2023 (6) SA 87 (CC)
47
TOPIC 3: LAW OF DELICT
LITIGATION PERTAINING TO MINING: A DELICTUAL PERSPECTIVE
Background
Read the fictitious scenario below and answer the research question that follows:
Scenario
A mining site began operations in Kloof near Carletonville with the purpose of extracting
and producing gold. The process of extraction concerns digging out large quantities of
rock to access gold deposits. As part of the mining process, ore is mined and chemically
processed to separate gold from unwanted materials. The processes involved in
extracting gold deposits and chemically treating ore have resulted in airborne respirable
dust and gases being released into the atmosphere, which encompasses the Kloof
community, affecting its residents. Kloof community members were not forewarned of
the plumes of smoke, dust and gases that would be polluting the air. Community
members with underlying illnesses became severely ill with a lung disease called
pneumoconiosis because of their exposure to airborne respirable dust. As a result, these
community members cannot work and provide for their dependants. In addition, miners
employed by the mining company have also fallen severely ill with pneumoconiosis
despite wearing the necessary personal protection equipment for mining and following
mining health and safety protocols. Similarly, to the affected Kloof residents, these ill
miners are unable to work and provide for their families.
REQUIRED:
As a legal researcher, discuss how the Law of Delict may be applied to address human
rights violations experienced by residents in mining communities, focusing on health risks
from environmental pollution, physical hazards, and the socio-economic challenges
associated with mining operations. In your research, refer to the relevant authority.
NOTE TO STUDENTS:
• In your research, you must identify the applicable human rights potentially violated.
• Identify and apply the relevant common law remedy to the facts of the scenario.
• Refer to relevant case law.
• Lastly, you should give an opinion whether the community members of Kloof and the
miners will be successful with the identified common law remedy.
Books
Neethling J and Potgieter JM, Law of Delict (8th edn, LexisNexis 2020)
Journal Articles
Chauhan R, ‘Social Justice for Miners and Mining-Affected Communities: The Present and
The Future’ (2018) Obiter 345
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Legislation
Mine Health and Safety Act 29 of 1996
National Environmental Management Act 107 of 1998
Occupational Health and Safety Act 85 of 1993
Cases
City of Johannesburg Metropolitan Municipality v Hlophe 2011 (6) SA 134 (CC); 2011 (12)
BCLR 1225 (CC)
Mankayi v AngloGold Ashanti Ltd 2011 (5) BCLR 453 (CC)
Transnet Ltd t/a Metrorail v Witter 2008 (6) SA 549 (SCA); [2009] 1 All SA 164 (SCA)
Criminal and Procedural Law
TOPIC 1: CRIMINAL LAW
A CRITICAL LEGAL PERSPECTICE ON UKUTHWALA AS A GENDER-BASED

VIOLENT CRIME IN SOUTH AFRICA
Background
Section 9(1) of the Constitution guarantees everyone equality before the law and the right
to equal protection and benefit of the law. Section 9(3) of the Constitution prohibits the
state from unfairly discriminating against anybody on the ground of, inter alia, race, gender
religion and culture. Crimes have often been condoned in the past under the guise of
culture. Physical violence is perpetrated daily between various individuals in different
scenarios, including parental chastisement, gender-based violence and ukuthwala. The
courts were granted the opportunity to adjudicate on various forms of physical violence
before. Parental chastisement was declared unconstitutional in Freedom of Religion South
Africa v Minister of Justice and Constitutional Development 2020 (1) SACR 113 (CC) and
gender-based violence was again recently condemned in AK v Minister of Police 2022 (11)
BCLR 1307 (CC). Ukuthwala as a traditional practice under customary law has, however,
not yet had the same extent of exposure from a criminal law point of view.
The incorrect practice of ukuthwala reinforces gender inequality and constitutes serious
gender-based crimes such as rape, kidnapping and child trafficking. The commission of
these crimes violates various constitutional rights. South Africa’s constitutional
dispensation continuously demands a re-evaluation of defences in criminal law. The
concept of ‘consent’ should be evaluated against the constitutional rights to equality before
the law and not be subjected to unfair discrimination on the ground of culture. The
evaluation of the cultural defence of ukuthwala by the court in S v Jezile 2015 (2) SACR
452 (WCC), S v Osabiya (CC47/2019) [2021] ZAGPPHC 716 (21 October 2021) and, most
recently, Mbhamali v S [2022] 1 All SA 488 (KZD) is a huge judicial advance in the fight
against gender-based violence in South Africa. The Constitutional Court held in
Carmichele v Minister of Safety and Security (Centre for Applied Legal Studies
Intervening) 2001 (4) SA 938; 2001 (10) BCLR 995 (CC) [62] that ‘few things can be more
important to women than freedom from the threat of sexual violence’ and in Tshabalala v
49
S; Ntuli v S [2019] ZACC 48; 2020 (5) SA 1 (CC); 2020 (3) BCLR 307 (CC) [61] that
‘[h]ardly a day passes without any incident of gender-based violence being reported. This
scourge has reached alarming proportions.’ These statements validate a critical analysis of
the recent judgments on ukuthwala.
Cases
Mbhamali v S 2021 (2) SACR 627 (KZD); [2022] 1 All SA 488 (KZD)
S v Jezile 2015 (2) SACR 452 (WCC); 2016 (2) SA 62 (WCC); [2015] 3 All SA 201 (WCC)
S v Osabiya (CC47/2019) [2021] ZAGPPHC 716 (21 October 2021)
Books
Burchell J, Principles of Criminal Law (5th edn, Juta 2016)
Snyman CR, Snyman’s Criminal Law (updated by Hoctor SV, 7th edn, LexisNexis 2020)
Journal Articles
Mkhize G and Vilakazi F, ‘Rethinking Gender and Conduits of Control: A Feminist Review’
(2021) 35 Image & Text 1
Mwambene L and Mgidlana RH, ‘Should South Africa Criminalise Ukuthwala Leading to
Forced Marriages and Child Marriages?’ (2021) 24 PELJ 1
Mwambene L and Sloth-Nielsen J, ‘Benign Accommodation? Ukuthwala, “Forced

Marriage” and the South African Children's Act’ (2011) 11 AHRLJ 1
Legislation
Children’s Act 38 of 2005
Criminal Law (Sexual Offences and Related Matters Amendment Act) 32 of 2007
Online sources
‘Gender-Based Violence’ (UNHCR – The UN Refugee Agency)
<https://www.unhcr.org/what-we-do/protect-human-rights/protection/gender-based-
violence> accessed 16 August 2024
‘What is Gender-Based Violence?’ (European Institute for Gender Equality, 17 May 2023)
<https://eige.europa.eu/gender-based-violence/what-is-gender-based-violence>
accessed 16 August 2024
TOPIC 2: CRIMINAL LAW
MINIMUM SENTENCES AND THE CRIME OF RAPE
Background
South African criminal courts are inundated with rape trials. In reaction to the high rate of
serious crime, the legislature implemented sections 51 to 53 of the Criminal Law
Amendment Act 105 of 1997 in terms of which minimum sentences are prescribed for
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various crimes. Since its passing, this so-called ‘minimum sentencing legislation’ has been
the subject of academic debate.
The Gauteng High Court in Sithole v S (A105/2021) [2024] ZAGPPHC 39 (18 January
2024), Masango v S (A175/2021) [2024] ZAGPPHC 64 (5 February 2024) and Nyathi v S
(A133/2020) [2024] ZAGPPHC 121 (6 February 2024) has recently considered the
sentence of life imprisonment where the rape involved grievous bodily harm, the
complainant was 14 years old at the time of the rape and the complainant was raped by an
accused and a co-perpetrator. As part of the ongoing academic debate, these recent
decisions implore critical academic analysis.
Legislation
Criminal Law Amendment Act 105 of 1997
Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007
Books
Burchell J, Principles of Criminal Law (5th edn, Juta 2016)
Snyman CR, Snyman’s Criminal Law (updated by Hoctor SV, 7th edn, LexisNexis 2020)
Journal Articles
Schoeman M, ‘Recidivism: A Conceptual and Operational Conundrum’ (2010) Acta
Criminologica 81
Terblanche SS, ‘Mandatory and Minimum Sentences: Considering s 51 of the Criminal

Law Amendment Act 1997’ [2003] Acta Juridica 194
Terblanche SS, ‘Twenty Years of Constitutional Court Judgments: What Lessons are there
about Sentencing?’ (2017) 20 PELJ 1
Cases
Sithole v S (A105/2021) [2024] ZAGPPHC 39 (18 January 2024)
Masango v S (A175/2021) [2024] ZAGPPHC 64 (5 February 2024)
Nyathi v S (A133/2020) [2024] ZAGPPHC 121 (6 February 2024)
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TOPIC 3: LAW OF EVIDENCE
THE ADMISSIBILITY OF PHOTOGRAPHS AS EVIDENCE

Background
Photographs can either be seen as documentary or real evidence, depending on the
purpose why they stand to be admitted as evidence in court and whether they are digital
in nature. If they are viewed as real evidence, there are no special requirements for
admissibility, but if they are seen as documentary evidence, legislation and possibly the
common law determine their admissibility.

Cases
Motata v Nair 2009 (1) SACR 263 (T)
S v Brown 2016 (1) SACR 206 (WCC)
S v Ndiki [2007] 2 All SA 185 (CK)

Legislation
Electronic Communications and Transactions Act 25 of 2002, Chapter III
Books
Schwikkard PJ and Mosaka TB, Principles of Evidence (5th edn, Juta 2023) Ch 21
Van der Merwe DP (managing ed), Information and Communications Technology Law (3rd
edn, LexisNexis 2021) Ch 5
Journal Articles
De Villiers DS, ‘Old “Documents”, “Video Tapes” and New “Data Messages” – A Functional
Approach to the Law of Evidence’ (part 1) [2010] (3) TSAR 558
De Villiers DS, ‘Old “Documents”, “Video Tapes” and New “Data Messages” – A Functional
Approach to the Law of Evidence’ (part 2) [2010] (4) TSAR 720
Hofman J, ‘Electronic Evidence in Criminal Cases’ (2006) SACJ 257
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Public, Constitutional and International Law
TOPIC 1: FUNDAMENTAL LAW
THE PRINCIPLE OF LEGALITY IN THE SOUTH AFRICAN CONSTITUTION
Background
The Constitution of the Republic of South Africa, 1996 obliges all organs of state to act
based on the enabling authority they possess deriving from the Constitution and/or piece
of legislation. In other words, any act or conduct must be in terms of the empowering
authority or legislation. Any act or conduct that is made without authority is deemed illegal
and irrational. This principle of the Constitution is also supported by administrative law to
ultimately, ensure the protection of human rights. Institutions supporting democracy such
as the Public Protector, South African Human Rights Commission and the Auditor General
must also act in terms of the powers establishing them as well as the Constitution. The
importance of the principle of legality to the South African democracy underscores the rule
of law and protection of human rights. In recent times, some conduct of government
officials has been outside of the law, thus violating the principle of legality.
Books
Currie I and De Waal J, The Bill of Rights Handbook (6th edn, Juta 2016)
Hoexter C, Administrative Law in South Africa (Juta 2007)
Woolman S and others, The Constitutional Law of South Africa, Vol 1 (2nd edn, Juta 2006)
Legislation
Constitution of the Republic of South Africa ,1996
Promotion of Administrative Justice Act 3 of 2000
Journal Articles
Freedman W and Mzolo N, ‘The Principle of Legality and the Requirements of Lawfulness
and Procedural Rationality: Law Society of South Africa v President of the RSA (2019
(3) SA 30 (CC))’ (2021) 42 Obiter 421
Konstant A, ‘Administrative Action, the Principle of Legality and Deference – The Case of
Minister of Defence and Military Veterans v Motau’ (2015) 7 Constitutional Court
Review 68
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Jurisprudence
TOPIC 1: LEGAL PHILOSOPHY
THE SOUTH AFRICAN JUDICIAL JURISPRUDENCE OF GENDER EQUALITY IN

RAPE
Background
South Africa has adopted a gender-centred approach in its rape judgments, since
becoming a constitutional democracy in 1994. The recognition of unequal power relations
in rape adjudication illustrates a gender-responsive judiciary towards equality, dignity, and
privacy of persons.
The common law definition of rape was understood as the unlawful and intentional sexual
intercourse with a woman without her consent. This legal position was in effect for a long
time in South Africa, even after 1994 when the Constitution took effect as the supreme law
of the country. Even though there had been efforts to reform laws on rape, it was not until
the Masiya decision that the law on rape conceptualised rape beyond vaginal penetration
to also include anal rape. When the Criminal Law (Sexual Offences and Related Matters)
Amendment Act 32 of 2007 took effect, the scope of rape adopted a wider definition.
Courts, in the furtherance of the purport and the spirit of the rights enshrined in the
Constitution have since interpreted rape within its constitutional prescripts. This means
giving effect to the various rights enshrined in the Constitution, including the right to
equality, security, dignity and privacy of a person in the conceptualisation of rape. In light
of this, rape is viewed as an instrument to exert control, infringing on the various rights of
individuals. It is also a hate crime, particularly when it is committed against gender/sexual
minorities. This demonstrates the complexity of rape and how gender relations function to
create inequality in society.
Books
Bonthuys E and Albertyn C, Gender, Law and Justice (2nd edn, Juta 2023)
Snyman CR, Criminal Law (6th edn, LexisNexis 2014)
Contribution to Book
Naylor N, ‘The Politics of a Definition’ in Artz L and Smythe D (eds), Should we Consent?
Rape Law Reform in South Africa (Juta 2007)
Journal Articles
Andrews P, ‘Violence Against Women in South Africa: The Role of Culture and the
Limitations of the Law’ (1999) 8 Temple Political & Civil Rights L Rev 425
Bonthuys, E ‘Women’s Sexuality in the South African Constitutional Court Jordan v S 2002
(6) SA 642 (CC) also reported as 2002 (11) BCLR 1117 (CC)’ (2006) 14 Feminist
Legal Studies 391
Spies A, ‘Perpetuating Harm: The Sentencing of Rape Offenders Under South African
Law’ (2016) 133 SALJ 389
54
RRLLB81/103/2/2024
Legislation
Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007
Cases
Carmichele v Minister of Safety and Security [2001] 10 BCLR 995 (CC)
Masiya v Director of Public Prosecutions Pretoria (The State) [2007] 8 BCLR 827
Tshabalala v The State; Ntuli v The State [2019] 2 SACR 38 (CC)
All the best with your research!
Kind regards
Adv LC Coetzee
Mr P Nkoane
Adv U Poyo
55

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RRLLB81/103/2/2024

Tutorial Letter 103/2/2024

Department of Criminal and Procedural Law

This tutorial letter contains important information

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

3 THE RRLLB81 RESEARCH JOURNEY ....................................................................................... 7

4 THE RESEARCH JOURNEY FROM SELECTING THE TOPIC TO SUBMITTING

4.1 Selecting a topic ........................................................................................................................... 8

5.1 Ongoing revision ......................................................................................................................... 39

• 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

4.2 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

4.3.2.2 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

(i) Headings and sub-headings

It is very important to include transitions (bridging sentences) explaining how the

Any written work should be presented in paragraphs. A paragraph is a group of connected