Tutorial Letter 101/3/2023: Name of Module
Tutorial Letter 101/3/2023: Name of Module
Name of module
LCP4804
Semesters 1 and 2
Name of Department
Public, Constitutional and International Law
BARCODE
CONTENTS
Page
1 INTRODUCTION ....................................................................................................... 4
2 PURPOSE AND OUTCOMES ................................................................................... 5
2.1 Purpose ..................................................................................................................... 5
2.2 Outcomes .................................................................................................................. 5
3 CURRICULUM TRANSFORMATION........................................................................ 6
4 CONTACTING THE UNIVERSITY VIA EMAIL ......................................................... 6
4.1 Lecturer(s) ................................................................................................................. 7
4.2 Department ............................................................................................................... 7
4.3 College of Law Information Centre ............................................................................ 7
4.4 University .................................................................................................................. 7
5 RESOURCES............................................................................................................ 9
5.1 Prescribed book(s) .................................................................................................... 9
5.2 Prescribed reading material ....................................................................................... 9
5.3 Electronic reserves (e-reserves) .............................................................................. 11
5.4 Library services and resources information ............................................................. 12
6 STUDENT SUPPORT SERVICES .......................................................................... 13
6.1 The Unisa First-Year Experience Programme ......................................................... 13
6.2 Companies falsely advertising Unisa services ......................................................... 14
7 STUDY PLAN ......................................................................................................... 14
8 PRACTICAL WORK ............................................................................................... 17
9 ASSESSMENT........................................................................................................ 17
9.1 Assessment criteria ................................................................................................. 17
9.2 Assessment plan ..................................................................................................... 17
9.3 Assessment due dates ............................................................................................ 18
9.4 Submission of assessments .................................................................................... 18
9.5 The assessments .................................................................................................... 19
9.6 Other assessment methods ..................................................................................... 20
9.7 The examination ...................................................................................................... 20
9.7.1 Invigilation/proctoring............................................................................................... 20
10 ACADEMIC DISHONESTY ..................................................................................... 21
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LCP4804/101/3/2023
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Dear Student
1 INTRODUCTION
Teaching and learning in a CODeL context involves multiple modes of delivery ranging
from blended learning to fully online. As a default position, all post graduate
programmes are offered fully online with no printed study materials, while
undergraduate programmes are offered in a blended mode of delivery where printed
study materials are augmented with online teaching and learning via the learner
management system – myUnisa. In some instances, undergraduate programmes are
offered fully online as well.
Furthermore, our programmes are aligned with the vision, mission and values of the
University. Unisa's commitment to serve humanity and shape futures combined with a
clear appreciation of our location on the African continent, Unisa's graduates have
distinctive graduate qualities which include
• independent, resilient, responsible and caring citizens who are able to fulfil
and serve in multiple roles in their immediate and future local, national and
global communities
• having a critical understanding of their location on the African continent with
its histories, challenges and potential in relation to globally diverse contexts
• the ability to critically analyse and evaluate the credibility and usefulness of
information and data from multiple sources in a globalised world with its
ever-increasing information and data flows and competing worldviews
• how to apply their discipline-specific knowledges competently, ethically and
creatively to solve real-life problems
• an awareness of their own learning and developmental needs and future
potential
engagement with you. Look out for information from your lecturer as well as other
Unisa platforms to determine how to access the virtual myUnisa module site.
Information on the tools that will be available to engage with the lecturer and fellow
students to support your learning will also be communicated via various platforms. You
are encouraged to log into the module site on myUnisa regularly (that is, at least twice
per week).
2.1 Purpose
The purpose of this module is to equip students with an advanced understanding and
knowledge of the norms and principles of indigenous law. Additionally, this module
seeks to expose students to a critical evaluation and theoretical analysis of concepts
through an advanced study of cases, statutes and textbooks on the transformation of
indigenous law under the Bill of Rights. Consequently, students who complete this
module will be equipped with the knowledge, skills, attitudes and competencies to
theorise, analyse and critically evaluate legal material; and to formulate relevant legal
arguments on the application of indigenous law and its normative values in a
constitutional democracy. The module also gives insight to students, lecturers, legal
practitioners, communities and judges on the harmonisation of the indigenous law as
the warehouse of ubuntu, and the Western component of South African law by
promoting the integration of the values of inclusiveness, group solidarity, compassion,
respect, humanity and conformity with basic humanitarian norms to the South African
legal system.
2.2 Outcomes
The outcomes-based learning model proceeds from the premise that you should
acquire certain competencies during your studies. These competencies refer to
knowledge, skills, abilities and other personal attributes, and should help you to
achieve the learning outcomes envisaged for the module. Once you have achieved
the learning outcomes by completing this module, you will also be able to apply those
competencies in your work environment and other contexts in which the study topics
are relevant.
In law, there are a number of outcomes a lawyer should achieve. One may say that a
student is competent if he or she achieves these outcomes successfully. The
outcomes for Advanced Indigenous Law are set out below.
To pass LCP4804, a pass mark of at least 50% is required. You will pass if you are
able to: identify legal principles correctly and articulate/explain them in a fundamentally
accurate way; analyse substantive law in a fundamentally accurate way and display
adequate understanding; express yourself in language that is of an acceptable level,
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without plagiarising; communicate your solutions to the issues and questions by
making use of appropriate information technology and using the correct format so that
the work is presented in a professional manner that illustrates awareness of cognate
fields.
3 CURRICULUM TRANSFORMATION
Unisa has implemented a transformation charter, in terms of which the university has
placed curriculum transformation high on the teaching and learning agenda.
Curriculum transformation includes student-centred scholarship, the pedagogical
renewal of teaching and assessment practices, the scholarship of teaching and
learning, and the infusion of African epistemologies and philosophies. All of these will
be phased in at both programme and module levels, and as a result of this you will
notice a marked change in the teaching and learning strategy implemented by Unisa,
together with the way in which the content is conceptualised in your modules. We
encourage you to embrace these changes during your studies at Unisa in a responsive
way within the framework of transformation.
To assist Unisa to safeguard your personal information, please ensure that you only
use your myLife e-mail account when communicating with the university. We will not
be responding to any emails sent from private email addresses.
By using your myLife e-mail account, the university has a reasonable assurance that
we are communicating with you, as your e-mail address contains your student number
and you use your login credentials to access the account.
Unisa may only communicate with a student using a private e-mail address under
the following circumstances:
• New applicants who are enquiring about information for the purpose of
applying for admission.
• New applicants who do not yet have a myLife e-mail account, because they
have been admitted but not yet registered.
• Where a student requires assistance in resolving myLife e-mail account
access problems.
Please be aware that any personal information you publish on public platforms, such
as social media platforms and WhatsApp groups, is not covered by the provisions of
Protection of Personal Information Act 4 of 2013. Any personal information published
in the public domain is not considered private and can, therefore be accessed by
external parties with access to such platforms.
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4.1 Lecturer(s)
■ examination dates.
■ issuing of study material or if you did not receive all your study material.
You are welcome to contact us to discuss any queries about or problems with the
module.
4.2 Department
The department can be reached by telephone 012 429 8339 or fax 012 429 8587.
Please send all e-mails from your myLife e-mail account. If you send an e-mail
directly to a Unisa e-mail address, include your student number in the subject line
to ensure that your e-mail is correctly routed for an advisor for processing.
4.4 University
To contact the university, please dial 080 000 1870. Remember to keep your student
number at hand when contacting the university. The Unisa Student Communication
Service Centre will be open weekdays from 08:00 – 16:00 (South African Standard
Time).
Please send all e-mails from your myLife e-mail account. If you send an e-mail
directly to a Unisa e-mail address, include your student number in the subject line
to ensure that your e-mail is correctly routed for an advisor for processing.
Please check the list carefully and send an enquiry to one e-mail address only.
This will ensure that there is no confusion as to who must respond, thereby preventing
unnecessary delays in the response or the email portrayed as spam. Students should
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only forward enquiries to the Registrar and Deputy Registrar in instances where those
enquiries could not be resolved at other levels.
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5 RESOURCES
5.1 Prescribed book(s)
Himonga C and Nhlapo T (eds) (2014) African Customary Law in South Africa:
Post-Apartheid and Living Law Perspectives. Cape Town: Oxford University
Press.
This book discusses African customary law as it is applied both in the courts and in
contemporary social practice. Please make an effort to acquire this book and use it on
all the areas where it can assist you in preparing for your assessments and
examinations. You must buy this book.
Prescribed statutes
Prescribed cases
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Pilane and Another v Pilane and Others 2013 (4) BCLR 431 (CC)
Alexkor Ltd and Another v Richtersveld Community and Others 2003 (12) BCLR 1301
(CC)
Bhe v Magistrate Khayelisha and Others 2005 (1) BCLR (1) (CC
Bhe v Magistrate Khayelisha and Others 2005 (1) BCLR (1) (CC)
Bhe v Magistrate Khayelisha and Others 2005 (1) BCLR (1) (CC)
Ex parte: Minister of Native Affairs – In re Yako v Beyi 1948 (1) 388 (A)
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Nxumalo v President of the Republic of South Africa and Others 2014 (12) BCLR 1457
(CC)
Maluleke v Minister of Home Affairs Case no 02/24921 [2008] ZAGPHC 129 (9 April
2008) (unreported)
Gumede v President of the Republic of South Africa 2009 (3) BCLR 243 (CC)
Moseneke and Others v The Master of the High Court 2001 (2) SA 19 (CC)
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5.4 Library services and resources information
Recommended guides:
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This brochure contains important information and guidelines for successful studies
through Unisa.
If you need assistance with regard to the myModules system, you are welcome to use
the following contact details:
You can access and view short videos on topics such as how to view your calendar,
how to access module content, how to view announcements for modules, how to
submit assessment and how to participate in forum activities via the following link:
https://dtls-qa.unisa.ac.za/course/view.php?id=32130
Your myLife account is the only e-mail account recognised by Unisa for official
correspondence with the university and will remain the official primary e-mail
address on record at Unisa. You remain responsible for the management of
this e-mail account.
Many students find the transition from school education to tertiary education stressful.
This is also true in the case of students enrolling at Unisa for the first time. Unisa is a
dedicated open distance and e-learning institution, and it is very different from face-
to-face/contact institutions. It is a mega university, and all our programmes are offered
through either blended learning or fully online learning. It is for this reason that we
thought it necessary to offer first-time students additional/extended support to help
them seamlessly navigate the Unisa teaching and learning journey with little difficulty
and few barriers. We therefore offer a specialised student support programme to
students enrolling at Unisa for the first time – this is Unisa’s First-Year Experience
(FYE) Programme, designed to provide you with prompt and helpful information about
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services that the institution offers and how you can access information. The following
FYE services are currently offered:
• FYE website: All the guides and resources you need in order to navigate
through your first year at Unisa can be accessed using the following link:
www.unisa.ac.za/FYE
• FYE e-mails: You will receive regular e-mails to help you stay focused and
motivated.
• FYE broadcasts: You will receive e-mails with links to broadcasts on various
topics related to your first-year studies (e.g. videos on how to submit
assessments online).
• FYE mailbox: For assistance with queries related to your first year of study,
send an e-mail to [email protected]
Some companies and social media pages have been falsely advertising Unisa online
information and various services to assist Unisa students. In the process, companies
either solicit money fraudulently from students or make money through online
advertising with no benefit to students.
We request that students only use official Unisa sites and platforms as any other
platforms will provide you with incorrect information and/or act illegally which will be
harmful to your studies.
Unisa will always use official communication channels (eg Unisa website, myUnisa,
Unisa social media platforms, myLife e-mail) to communicate with students.
Please use the following Unisa platforms for official Unisa information:
• www.unisa.ac.za
• https://my.unisa.ac.za
• https://www.facebook.com/UniversityOfSouthAfrica
• https://twitter.com/unisa
• https://www.linkedin.com/company/unisa
7 STUDY PLAN
7.1 Learning
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develop certain skills to enable you to take your place in the legal profession. These
objectives can only be achieved through self-discipline and dedication.
We are aware that studying via a distance education institution such as Unisa requires
a higher degree of commitment and self-management than studying at an on-campus
institution such as Tuks. This may be attributed to the lack of one-on-one contact
between you and the lecturer, to the fact that you do not have to attend classes, and
to the lack of peer support. In an attempt to overcome these obstacles, we have
decided to offer a few study techniques, which we hope, will help you in your studies
as a law student.
Always bear in mind that the skills and knowledge that you are expected to acquire in
this module are not peculiar to Citizenship, Democracy and Public participation. The
ability to do the following is indispensable to all fields of law:
We are aware that each student has his or her own way of studying. We are also
aware many factors may influence the study method that a student adopts, for
example individual personalities, employment circumstances, family responsibilities,
the field of study chosen by the student, and the number of modules the student is
attempting in a semester.
Given all these, we firmly believe that time management is an essential ingredient for
success. You must pace yourself properly; otherwise you will find it difficult to cover
all the material prescribed for this module. As you work through the study material,
you will find that some aspects of Citizenship, Public participation and Democracy are
easier to understand than others, and will generally take less time to grasp than others.
The trick is to manage your time in such a way that you avoid spending too much time
on the easy stuff and, instead, concentrate on the difficult concepts and principles.
One method of ensuring that you do not end up in the position of trying to get through
the bulk of your studies just before the exam is to divide up the study material
according to your particular needs.
Some of our students are experienced and academically mature. However, many
students do not yet have the necessary linguistic experience, skill and expertise, so
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what is said here is for their benefit. Language is very much the lawyer’s tool.
Therefore, highly developed language skills are indispensable. Because English is the
language in which this module is presented, and the language in which most of our
sources are written, language skills in this module mean English language skills!
Students therefore need to practise both their reading and writing skills. You can
improve your reading skills by practising the following:
You must understand what you read! This may mean practising any one, or all, of the
following things:
• personalising the content as often as possible; this means that you must relate
the knowledge that you obtain from the prescribed material to your everyday
life (remember: the knowledge you are grappling with is a tool that can make
your own life and the lives of the people around you more meaningful).
Throughout the Study Guide, you will encounter a number of complex and unfamiliar
concepts. Most of these concepts are defined in detail. However, some concepts may
not be defined – but there is no need to panic! As a law student, you are required to
develop certain basic skills which will help you in the real world. Learning how to find
the meaning of difficult words is one of these basic skills.
You could acquire or simply consult any one of the following sources in order to find
the meaning of words:
• Van der Walt & Nienaber (1998), English for law students, published by Juta
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Some of these sources are extremely useful, because they contain considerably more
than simply the meaning of words: they also contain additional information on how a
word may be used in different contexts.
This may require that you read the prescribed material more than once to make sure
you understand the essence of the study material.
You can improve your writing skills by paying attention to the following guidelines:
• Make sure that your grammatical construction and usage are correct.
• Make sure that you spell words correctly. Once again, a good dictionary is
indispensable!
• Make sure that your thoughts and ideas are presented in a logical and coherent
argument.
8 PRACTICAL WORK
There are no practicals for this module.
9 ASSESSMENT
9.1 Assessment criteria
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• Due dates for assessments, as well as the actual assessments are
available on the myModules site for this module.
• To gain admission to the examination, you will be required to submit two
assignments.
• The assignment weighting for the module is 20%.
• You will receive examination information via the myModules sites. Please
watch out for announcements on how examinations for the modules for
which you are registered will be conducted.
• The examination will count 80% towards the final module mark.
• Please start working on your assessments as soon as you register for the
module.
• Log on to the myUnisa site for this module to obtain more information on
the due dates for the submission of the assessments.
• The myUnisa virtual campus will offer students access to the myModules
site, where learning material will be available online and where
assessments should be completed. This is an online system that is used to
administer, document, and deliver educational material to students and
support engagement between academics and students.
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• When you access your myModules site for the module/s you are registered
for, you will see a welcome message posted by your lecturer. Below the
welcome message you will see the assessment shells for the assessments
that you need to complete. Some assessments may be multiple choice,
some tests, others written assessments, some forum discussions, and so
on. All assessments must be completed on the assessment shells available
on the respective module platforms.
• To complete quiz assessments, please log on to the module site where you
need to complete the assessment. Click on the relevant assessment shell
(Assessment 1, Assessment 2, etc.). There will be a date on which the
assessment will open for you. When the assessment is open, access the
quiz online and complete it within the time available to you. Quiz
assessment questions are not included in this tutorial letter (Tutorial Letter
101) and are only made available online. You must therefore access the
quiz online and complete it online where the quiz has been created.
• It is not advisable to use a cell phone to complete the quiz. Please use a
desktop computer, tablet or laptop when completing the quiz. Students who
use a cell phone find it difficult to navigate the Online Assessment tool on
the small screen and often struggle to navigate between questions and
successfully complete the quizzes. In addition, cell phones are more
vulnerable to dropped internet connections than other devices. If at all
possible, please do not use a cell phone for this assessment type.
• For written assessments, please note the due date by which the
assessment must be submitted. Ensure that you follow the guidelines given
by your lecturer to complete the assessment. Click on the submission
button on the relevant assessment shell on myModules. You will then be
able to upload your written assessment on the myModules site of the
modules that you are registered for. Before you finalise the upload, double
check that you have selected the correct file for upload. Remember, no
marks can be allocated for incorrectly submitted assessments.
As indicated in section 9.2, you need to complete two assessments (assignments) for
this module. There are no assignments included in this tutorial letter. Assignments
and due dates will be made available to you on myModules for this module. We
envisage that the due dates will be available to you upon registration.
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9.6 Other assessment methods
Examination information and details on the format of the examination will be made
available to you online via the myUnisa site. Look out for information that will be shared
with you by your lecturer and e-tutors (where relevant) and for communication from
the university.
9.7.1 Invigilation/proctoring
Since 2020 Unisa conducts all its assessments online. Given stringent requirements
from professional bodies and increased solicitations of Unisa’s students by third
parties to unlawfully assist them with the completion of assignments and examinations,
the University is obliged to assure its assessment integrity through the utilisation of
various proctoring tools: Turnitin, Moodle Proctoring, the Invigilator App and IRIS.
These tools will authenticate the student’s identity and flag suspicious behaviour to
assure credibility of students’ responses during assessments. The description below
is for your benefit as you may encounter any or all of these in your registered modules:
IRIS Invigilation software verifies the identity of a student during assessment and
provides for both manual and automated facial verification. It has the ability to record
and review a student’s assessment session. It flags suspicious behaviour by the
students for review by an academic administrator. IRIS software requires installation
on students’ laptop devices that are enabled with a webcam.
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Students who are identified and flagged for suspicious dishonest behaviour arising
from the invigilation and proctoring reports are referred to the disciplinary office for
formal proceeding.
Please note:
Students must refer to their module assessment information on their myModule sites
to determine which proctoring or invigilation tool will be utilised for their formative and
summative assessments.
10 ACADEMIC DISHONESTY
10.1 Plagiarism
Plagiarism is the act of taking the words, ideas and thoughts of others and presenting
them as your own. It is a form of theft. Plagiarism includes the following forms of
academic dishonesty:
• Copying and pasting from any source without acknowledging the source.
• Not including references or deliberately inserting incorrect bibliographic
information.
• Paraphrasing without acknowledging the original source of the information.
10.2 Cheating
https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and-
rules
All module content-related enquiries must first be addressed to the relevant module
lecturers. As already indicated above, all such enquiries must be made from your
[email protected] email account. Where your module lecturer(s) is unable to assist,
such enquiries can be escalated to the Chair of the Department in which your module
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is located. The Chair of the Department is the one with the power to resolve issues, is
authorised to make such interventions, and has the final say in matters relating to the
administration of a module. Such escalation must be done via the departmental
administrative staff.
Contact information for all the departmental administrative staff in the department is
captured below.
If you are a student with a disability and would like additional support or need additional
time for assessments, you are invited to contact (Adv RB Mokomane
[email protected]) to discuss the assistance that you need.
Do you understand how much time studying at UNISA can take up?
You have many responsibilities if you want to be a successful student. Although the
University provides a number of support services (e.g., academic skills development,
counselling, student wellness), you have a responsibility to plan your studies and
conscientiously work through your study material in a constructive way if you want
to be a successful student. There are no guarantees in life, but your chances of
success at UNISA are far greater if you plan your studies, are committed to working
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through your study material and if you interact with the University whenever you need
support.
13 SOURCES CONSULTED
No sources consulted.
14 IN CLOSING
This tutorial letter, as you have seen, contains very important information about this
module. Please pay particular attention to the assignment questions and the due dates
of the assignments. You must also ensure that you familiarise yourself with the
assessment criteria for this module.
15 ADDENDUM
There is no addendum.
©
Unisa 2022
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