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CSL2601 Assignment 1 Semester 2 2026 - Due August 2026

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CSL2601 Assignment 1 Semester 2 2026 - Due August 2026 4. Questions to be answered in Assessment 1 for Semester 2 of 2026 1. Discuss the ill-conceived announcement by the Head of the Executive responsible for International Relations that South Africa was withdrawing from the Rome Statute and filing a notice to this effect with the Secretary-General of the United Nations. (4) 2. Discuss how adherence to the rule of law is established. (4) 3. Discuss the importance and relevance of section 157 of the Constitution in respect of an important process occurring in South Africa in November 2026. (4) 4. A tragic incident in Motswedi village, where a primary school learner dies after falling into a pit toilet at a public school, draws national attention to inadequate sanitation in schools within the Serake Municipality. Investigations reveal longstanding failures by the municipality to provide adequate water and sanitation services. Following public pressure, the North West Provincial Government urgently initiates its own tender process to install sanitation facilities in affected schools. The province does not formally place the municipality under administration but justifies its actions on the basis of the urgency of the situation and the need to protect learners’ constitutional rights. The Serake Municipality challenges the intervention, arguing that it was not given an opportunity to remedy the failure; and the province failed to follow the procedures required for intervention in local government. With reference to the facts, assess whether the situation in Serake Municipality justifies provincial intervention. (4)

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CSL2601
ASSIGNMENT 1
DUE DATE: AUGUST 2026

, CSL2601 ASSIGNMENT 1 2026
DUE AUGUST 2026




Question 1: Discuss the ill-conceived announcement by the Head of the
Executive responsible for International Relations that South Africa was
withdrawing from the Rome Statute and filing a notice to this effect with the
Secretary-General of the United Nations.



The announcement by the national executive to withdraw South Africa from the Rome
Statute of the International Criminal Court (ICC) was constitutionally ill-conceived
because it fundamentally violated the principle of separation of powers and the rule of
law as enshrined in the Constitution.

On 19 October 2016, the Minister of International Relations and Cooperation signed and
deposited a notice of withdrawal from the Rome Statute with the United Nations
Secretary-General.¹ The core legal flaw in this decision was that the executive acted
unilaterally without obtaining the prior approval of Parliament.²




¹ Democratic Alliance v Minister of International Relations and Cooperation and Others [2017] ZAGPPHC
(22 February 2017) para 4.
² Democratic Alliance v Minister of International Relations and Cooperation and Others (n 1) para 57.

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