, CSL2601 May/June 2026 - Examination Memorandum
UNIVERSITY OF SOUTH AFRICA
DEPARTMENT OF PUBLIC, CONSTITUTIONAL AND
INTERNATIONAL LAW
CSL2601 - CONSTITUTIONAL LAW
MAY/JUNE 2026 EXAMINATION
MARKING MEMORANDUM 2026
Total: 70 Marks | Duration: 4 Hours | Open-Book
First Examiner: Prof L Stone | Second Examiner: Ms Tebogo Rakate
Page 1 of 12
, CSL2601 May/June 2026 - Examination Memorandum
QUESTION 1
Name and describe, with case law and/or other appropriate authority, the 'test';
'method'; 'principle' or 'concept' that applies in the following contexts:
1.1 The effective role of the Speaker of the National Assembly
Concept / Principle
The Speaker as impartial guardian of parliamentary democracy and facilitator of the
National Assembly's constitutional obligations.
The Speaker (or Deputy Speaker) presides over the National Assembly and must
exercise powers in a manner that enables the Assembly to fulfil its constitutional
functions of representation, law-making, oversight and accountability (ss 42, 55, 56
and 57 of the Constitution). The Speaker's powers belong to the people and must be
exercised purposively to achieve the purpose for which they exist.
Authority
United Democratic Movement v Speaker of the National Assembly 2017 (5) SA 300
(CC) paras 78-89 (power to prescribe secret ballot on motion of no confidence);
Economic Freedom Fighters v Speaker of the National Assembly 2016 (3) SA 580 (CC)
para 95 (Speaker's duty to trigger National Assembly scrutiny of Public Protector
reports); Mazibuko v Sisulu 2013 (6) SA 249 (CC) (Speaker's role in scheduling
motions); De Lille v Speaker of the National Assembly 1998 (3) SA 430 (C) (Speaker
may not inhibit freedom of speech under s 58).
The Speaker must act independently of party-political pressure and ensure that
minority parties can effectively exercise their rights within the Assembly.
Page 2 of 12
, CSL2601 May/June 2026 - Examination Memorandum
1.2 The imperative that the President must act to prevent prejudice
Principle
The President's constitutional duty to prevent prejudice to the state and to uphold the
Constitution and the rule of law (ss 83(b) and 84 of the Constitution), linked to the
principle of legality and rationality.
As Head of State and Head of the National Executive, the President must ensure that
the Republic is not prejudiced by unlawful or irrational exercise of public power. This
includes the duty to implement remedial action of the Public Protector and to act
diligently and without delay (s 237).
Authority
Economic Freedom Fighters v Speaker of the National Assembly 2016 (3) SA 580 (CC)
(EFF I) - President obliged to comply with Public Protector's remedial action to prevent
prejudice arising from non-security upgrades at Nkandla; Pharmaceutical
Manufacturers Association of SA: In re Ex parte President of the Republic of South
Africa 2000 (2) SA 674 (CC) (principle of legality / rationality as an incident of the rule
of law).
1.3 Tagging of preliminary legislation
Concept / Method: The Joint Tagging Mechanism (JTM) and the 'substance of the
Bill' test for classification of Bills.
Before a Bill may proceed, it must be classified ('tagged') by the Joint Tagging
Mechanism (Speaker and Deputy Speaker of the NA and Chairperson and Deputy
Chairperson of the NCOP) into the appropriate category (s 75, s 76 or s 74 Bill).
Tagging determines the legislative procedure and voting majority required. The test is
whether the Bill in substance affects the provinces (s 76) or does not (s 75).
Authority: Tongoane v Minister of Agriculture and Land Affairs 2010 (6) SA 214 (CC)
(substance test for tagging); ss 75-76 of the Constitution; Joint Rules of Parliament.
1.4 Establishing compliance with the rule of law
Page 3 of 12
UNIVERSITY OF SOUTH AFRICA
DEPARTMENT OF PUBLIC, CONSTITUTIONAL AND
INTERNATIONAL LAW
CSL2601 - CONSTITUTIONAL LAW
MAY/JUNE 2026 EXAMINATION
MARKING MEMORANDUM 2026
Total: 70 Marks | Duration: 4 Hours | Open-Book
First Examiner: Prof L Stone | Second Examiner: Ms Tebogo Rakate
Page 1 of 12
, CSL2601 May/June 2026 - Examination Memorandum
QUESTION 1
Name and describe, with case law and/or other appropriate authority, the 'test';
'method'; 'principle' or 'concept' that applies in the following contexts:
1.1 The effective role of the Speaker of the National Assembly
Concept / Principle
The Speaker as impartial guardian of parliamentary democracy and facilitator of the
National Assembly's constitutional obligations.
The Speaker (or Deputy Speaker) presides over the National Assembly and must
exercise powers in a manner that enables the Assembly to fulfil its constitutional
functions of representation, law-making, oversight and accountability (ss 42, 55, 56
and 57 of the Constitution). The Speaker's powers belong to the people and must be
exercised purposively to achieve the purpose for which they exist.
Authority
United Democratic Movement v Speaker of the National Assembly 2017 (5) SA 300
(CC) paras 78-89 (power to prescribe secret ballot on motion of no confidence);
Economic Freedom Fighters v Speaker of the National Assembly 2016 (3) SA 580 (CC)
para 95 (Speaker's duty to trigger National Assembly scrutiny of Public Protector
reports); Mazibuko v Sisulu 2013 (6) SA 249 (CC) (Speaker's role in scheduling
motions); De Lille v Speaker of the National Assembly 1998 (3) SA 430 (C) (Speaker
may not inhibit freedom of speech under s 58).
The Speaker must act independently of party-political pressure and ensure that
minority parties can effectively exercise their rights within the Assembly.
Page 2 of 12
, CSL2601 May/June 2026 - Examination Memorandum
1.2 The imperative that the President must act to prevent prejudice
Principle
The President's constitutional duty to prevent prejudice to the state and to uphold the
Constitution and the rule of law (ss 83(b) and 84 of the Constitution), linked to the
principle of legality and rationality.
As Head of State and Head of the National Executive, the President must ensure that
the Republic is not prejudiced by unlawful or irrational exercise of public power. This
includes the duty to implement remedial action of the Public Protector and to act
diligently and without delay (s 237).
Authority
Economic Freedom Fighters v Speaker of the National Assembly 2016 (3) SA 580 (CC)
(EFF I) - President obliged to comply with Public Protector's remedial action to prevent
prejudice arising from non-security upgrades at Nkandla; Pharmaceutical
Manufacturers Association of SA: In re Ex parte President of the Republic of South
Africa 2000 (2) SA 674 (CC) (principle of legality / rationality as an incident of the rule
of law).
1.3 Tagging of preliminary legislation
Concept / Method: The Joint Tagging Mechanism (JTM) and the 'substance of the
Bill' test for classification of Bills.
Before a Bill may proceed, it must be classified ('tagged') by the Joint Tagging
Mechanism (Speaker and Deputy Speaker of the NA and Chairperson and Deputy
Chairperson of the NCOP) into the appropriate category (s 75, s 76 or s 74 Bill).
Tagging determines the legislative procedure and voting majority required. The test is
whether the Bill in substance affects the provinces (s 76) or does not (s 75).
Authority: Tongoane v Minister of Agriculture and Land Affairs 2010 (6) SA 214 (CC)
(substance test for tagging); ss 75-76 of the Constitution; Joint Rules of Parliament.
1.4 Establishing compliance with the rule of law
Page 3 of 12
