CONSTITUTIONAL LAW CSL2601
06 September compiled true or false, answers 3 marks
Unisa 6 sept exam
Compiled by studybuddy10111
,Compiled by studybuddy10111
1. When the Marikana Commission of Inquiry, appointed by the President in terms of section 84(2)(f) of
the 1996 Constitution of South Africa, released its final report, the President was bound to follow the
recommendations made by this Commission in its report.
False. In The President of the Republic of South Africa v South African Rugby Football Union 2000 (1) SA 1
para 146–8 it was held that the President was bound neither to accept the Commission’s findings nor to
follow its recommendations.
2. Constitutionalism includes the idea that the power of the state is limited by a constitution in which
fundamental rights are protected.
True. The term “constitutionalism” is sometimes used to convey the idea of a government that is limited
by a constitution.
3. The constitutional recognition of customary law as a legitimate system of law alongside other legal
systems in South Africa means that customary law enjoys equal recognition as a source of law.
True. Section 211(3) of the Constitution directs the courts to apply customary law when that law is
applicable subject to the Constitution and any legislation that deals with specifically customary law.
Therefore, customary law is recognised and placed on the same footing as common law.
4. In President of the Republic of South Africa v South African Football Rugby Union 1999 (10) BCLR 1059
(CC) it was held that under no circumstances at all can a President be called upon to give evidence in
court because of the dignity of the President, his busy schedule and the importance of his work.
False. In The President of the Republic of South Africa v South African Rugby Football Union 2000 (1) SA 1
para 243 it was held that careful consideration must be given to make a decision compelling the
President to give evidence, and that such an order should be made if the interest of justice demands it
5. Parliament may assign its legislative authority including the power to amend the Constitution to any
legislative body in another sphere of government.
False. In terms of section 44 (1) (a) (iii), Parliament may assign any of its legislative powers, except the
power to amend the Constitution, to any legislative body in another sphere of government.
6. In Oriano-Ambrosini, MP v Sisulu, MP Speaker of the National Assembly 2012 (6) SA 599 (CC), the
Constitutional Court declared invalid the rules of the National Assembly which required a member of the
National Assembly to obtain permission from the National Assembly to initiate and introduce Bills.
True. The Constitutional Court declared invalid the rules of Parliament which required a member of
Parliament to obtain permission from the National Assembly to initiate and introduce Bills. The Court
, Compiled by studybuddy10111
held in Oriano-Ambrosini, MP v Sisulu, MP Speaker of the National Assembly 2012 (6) SA 599 para 64
that rules of the National Assembly which would make it impossible for individual MPs to have their
alternative legislative proposals tabled and discussed by the Assembly diminish democracy and rob
voters of the opportunity to judge whether they support the legislative proposal of the governing party
or any given opposition party.
7. Judicial authority of South Africa is vested in the Judicial Service Commission.
False. Section 165(1) of the Constitution provides that the judicial authority of the Republic is vested in
the courts.
8. Under the current constitutional dispensation in South Africa, local government is a public body
exercising powers delegated by the national and provincial spheres of government.
False. Local government is no longer simply a creature of statute. In terms of section 156 (1) (a) and Part
B of Schedules 4 and 5 of the Constitution, local government derives its powers directly from the
Constitution.
9. According to the Constitution, when appointing members of the cabinet, the President must select all
ministers from members of the National Assembly.
False. In terms of section 91(3)(c) of the Constitution, the President may select no more than two
ministers from outside the Assembly.
10. The right of the media and members of the public to attend Parliamentary committee sittings is a
privilege granted by Parliament.
False. Sections 59(1)(b) and 72(1)(b) of the Constitution requires Parliament to conduct its business in
public, unless it is reasonable and justifiable to exclude the public, including the media, in an open and
democratic society.
………………………………………………
1. In March 2011, the Constitutional Court ruled that the Hawks (the corruption-fighting unit of the
South African Police Service) lacked sufficient operational and structural independence to enable
them to properly combat corruption. The Court therefore declared that the laws which disbanded the
Scorpions and created the Hawks in their place (the National Prosecuting Authority Amendment Act
and the South African Police Service Amendment Act) were unconstitutional. In order to rectify the
unconstitutionality, the Court drafted a new law, called the Eradication of Corrupt Activities Act 24 of
2013.
06 September compiled true or false, answers 3 marks
Unisa 6 sept exam
Compiled by studybuddy10111
,Compiled by studybuddy10111
1. When the Marikana Commission of Inquiry, appointed by the President in terms of section 84(2)(f) of
the 1996 Constitution of South Africa, released its final report, the President was bound to follow the
recommendations made by this Commission in its report.
False. In The President of the Republic of South Africa v South African Rugby Football Union 2000 (1) SA 1
para 146–8 it was held that the President was bound neither to accept the Commission’s findings nor to
follow its recommendations.
2. Constitutionalism includes the idea that the power of the state is limited by a constitution in which
fundamental rights are protected.
True. The term “constitutionalism” is sometimes used to convey the idea of a government that is limited
by a constitution.
3. The constitutional recognition of customary law as a legitimate system of law alongside other legal
systems in South Africa means that customary law enjoys equal recognition as a source of law.
True. Section 211(3) of the Constitution directs the courts to apply customary law when that law is
applicable subject to the Constitution and any legislation that deals with specifically customary law.
Therefore, customary law is recognised and placed on the same footing as common law.
4. In President of the Republic of South Africa v South African Football Rugby Union 1999 (10) BCLR 1059
(CC) it was held that under no circumstances at all can a President be called upon to give evidence in
court because of the dignity of the President, his busy schedule and the importance of his work.
False. In The President of the Republic of South Africa v South African Rugby Football Union 2000 (1) SA 1
para 243 it was held that careful consideration must be given to make a decision compelling the
President to give evidence, and that such an order should be made if the interest of justice demands it
5. Parliament may assign its legislative authority including the power to amend the Constitution to any
legislative body in another sphere of government.
False. In terms of section 44 (1) (a) (iii), Parliament may assign any of its legislative powers, except the
power to amend the Constitution, to any legislative body in another sphere of government.
6. In Oriano-Ambrosini, MP v Sisulu, MP Speaker of the National Assembly 2012 (6) SA 599 (CC), the
Constitutional Court declared invalid the rules of the National Assembly which required a member of the
National Assembly to obtain permission from the National Assembly to initiate and introduce Bills.
True. The Constitutional Court declared invalid the rules of Parliament which required a member of
Parliament to obtain permission from the National Assembly to initiate and introduce Bills. The Court
, Compiled by studybuddy10111
held in Oriano-Ambrosini, MP v Sisulu, MP Speaker of the National Assembly 2012 (6) SA 599 para 64
that rules of the National Assembly which would make it impossible for individual MPs to have their
alternative legislative proposals tabled and discussed by the Assembly diminish democracy and rob
voters of the opportunity to judge whether they support the legislative proposal of the governing party
or any given opposition party.
7. Judicial authority of South Africa is vested in the Judicial Service Commission.
False. Section 165(1) of the Constitution provides that the judicial authority of the Republic is vested in
the courts.
8. Under the current constitutional dispensation in South Africa, local government is a public body
exercising powers delegated by the national and provincial spheres of government.
False. Local government is no longer simply a creature of statute. In terms of section 156 (1) (a) and Part
B of Schedules 4 and 5 of the Constitution, local government derives its powers directly from the
Constitution.
9. According to the Constitution, when appointing members of the cabinet, the President must select all
ministers from members of the National Assembly.
False. In terms of section 91(3)(c) of the Constitution, the President may select no more than two
ministers from outside the Assembly.
10. The right of the media and members of the public to attend Parliamentary committee sittings is a
privilege granted by Parliament.
False. Sections 59(1)(b) and 72(1)(b) of the Constitution requires Parliament to conduct its business in
public, unless it is reasonable and justifiable to exclude the public, including the media, in an open and
democratic society.
………………………………………………
1. In March 2011, the Constitutional Court ruled that the Hawks (the corruption-fighting unit of the
South African Police Service) lacked sufficient operational and structural independence to enable
them to properly combat corruption. The Court therefore declared that the laws which disbanded the
Scorpions and created the Hawks in their place (the National Prosecuting Authority Amendment Act
and the South African Police Service Amendment Act) were unconstitutional. In order to rectify the
unconstitutionality, the Court drafted a new law, called the Eradication of Corrupt Activities Act 24 of
2013.
