Question $5(8$ marks$)$Read the following except and answer the question that follows:"The Constitution differentiates between direct and indirect application of the Bill of Rights.... Indirect application denotes a situation where a plaintiff looks towards the common law to protect the infringed right, but the latter is then influenced by a fundamental right or an underlying constitutional value when determine the nature of the common$-$law right or duty, or in providing an effective remedy.The indirect application of the Bill of Rights to the law of delict occurs by virtue of section $39(2)$ of the Constitution, which requires courts to promote the spirit, purport and objects of the Bill of Rights when interpreting any legislation or developing the common law. When courts apply the Bill of Rights indirectly to the law of delict, they generally do not override the common$-$law rules or principles. Instead, they respect the common law, but mould the rules and principles in accordance with constitutional rights and values."Source: Loubser, M$.($Ed$.),$ Midgley, R$.($Ed$.),$ Jabavu, P$.,$ Linscott, J$.,$ Mukheibir, A$.,$ Niesing, L$.,$ Perumal, D$.,$ Singh, P$.$P$.$ & Wessels, B$.2018.$ The Law of Delict in South Africa. $3$ra edition $($revised$).$ South Africa: Oxford University Press. $($pages $40,44).$Required:With reference to the judgment of Carmichele v Minister of Safety and Security $($Centre for Applied Legal Studies Intervening$)2001(4)$ SA $938($CC$),$ discuss the court's role in developing the common law.Note to student: It is unnecessary to discuss the facts of the Carmichele case$\mathrm{.}8$HGPLD$230-1-$Jan$-$June$2024-$FA$1-$TGK$-$V$3-06122023$