FUR2601 ASSIGNMENT 1 2026
DUE 3 SEPTEMBER 2026
QUESTION 1
The Minister of Correctional Services issues a new national prison security regulations
under the Correctional Services Act 111 of 1998. Regulation 8(2) provides:
Draft a legal opinion evaluating:
(a) Whether there are any rights infringed; and
(b) If there are any rights that have been infringed, whether the infringement can
reasonably be justified.
QUESTION 1: CONSTITUTIONALITY OF REGULATION 8(2)
Under the Constitution of the Republic of South Africa, 1996, this legal opinion
evaluates whether Regulation 8(2) of the National Prison Security Regulations infringes
fundamental rights and, if so, whether such infringement is justifiable under section 36.
1. PROCEDURAL STAGE
In terms of section 8(1), the Bill of Rights binds the executive and all organs of state.
The Minister of Correctional Services and the Head of Prison are organs of state, and
the regulations constitute delegated legislation subject to constitutional scrutiny.¹
According to S v Makwanyane, prisoners retain all constitutional rights, subject only to
justifiable limitations.² The Bill of Rights applies to all law and binds the legislature,
executive, judiciary, and all organs of state.
¹ Pharmaceutical Manufacturers Association of SA: In re Ex parte President of the Republic of South
Africa 2000 (2) SA 674 (CC) para 33.
² S v Makwanyane 1995 (3) SA 391 (CC) para 137.
, Standing
In accordance with section 38(a), Dumisani has standing acting in his own interest, as
the regulation directly affects his rights. The civil society organisation has standing
under section 38(d) (public interest) and section 38(e) (association).³
Jurisdiction
Section 169(a), the High Court has jurisdiction to adjudicate constitutional matters,
including the validity of delegated legislation, subject to confirmation by the
Constitutional Court if a declaration of invalidity is made.⁴
³ Section 38(a), (d), (e); Ferreira v Levin NO 1996 (1) SA 984 (CC).
⁴ Section 169(a); section 167(5).
DUE 3 SEPTEMBER 2026
QUESTION 1
The Minister of Correctional Services issues a new national prison security regulations
under the Correctional Services Act 111 of 1998. Regulation 8(2) provides:
Draft a legal opinion evaluating:
(a) Whether there are any rights infringed; and
(b) If there are any rights that have been infringed, whether the infringement can
reasonably be justified.
QUESTION 1: CONSTITUTIONALITY OF REGULATION 8(2)
Under the Constitution of the Republic of South Africa, 1996, this legal opinion
evaluates whether Regulation 8(2) of the National Prison Security Regulations infringes
fundamental rights and, if so, whether such infringement is justifiable under section 36.
1. PROCEDURAL STAGE
In terms of section 8(1), the Bill of Rights binds the executive and all organs of state.
The Minister of Correctional Services and the Head of Prison are organs of state, and
the regulations constitute delegated legislation subject to constitutional scrutiny.¹
According to S v Makwanyane, prisoners retain all constitutional rights, subject only to
justifiable limitations.² The Bill of Rights applies to all law and binds the legislature,
executive, judiciary, and all organs of state.
¹ Pharmaceutical Manufacturers Association of SA: In re Ex parte President of the Republic of South
Africa 2000 (2) SA 674 (CC) para 33.
² S v Makwanyane 1995 (3) SA 391 (CC) para 137.
, Standing
In accordance with section 38(a), Dumisani has standing acting in his own interest, as
the regulation directly affects his rights. The civil society organisation has standing
under section 38(d) (public interest) and section 38(e) (association).³
Jurisdiction
Section 169(a), the High Court has jurisdiction to adjudicate constitutional matters,
including the validity of delegated legislation, subject to confirmation by the
Constitutional Court if a declaration of invalidity is made.⁴
³ Section 38(a), (d), (e); Ferreira v Levin NO 1996 (1) SA 984 (CC).
⁴ Section 169(a); section 167(5).
