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Exam pack FUR2601 2013 2014 papers 1
Fundamental Rights (University of South Africa)
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FUNTAMENTAL RIGHTS
FUR2601
EXAM PACK
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Contents
Nov 2014....................................................................................................................................... 3
June 2014 .................................................................................................................................... 13
Nov 2013..................................................................................................................................... 21
June 2013 .................................................................................................................................... 29
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Nov 2014
QUESTION 1 – SECTION A
1.1 4
1.2 4
1.3 2
1.4 1
1.5 1
SECTION B
1.6 List the requirements that have to be taken in order to obtain locus stand when a
person is seeking to act in the public interests (2)
- It must be shown that the person is acting in the public interest
- It must be shown that the public has sufficient interest in the requested remedy.
1.7 Differentiate the following concepts
Reading in and reading down (3)
- reading in is a remedy while reading down is a method of statutory interpretation
aimed at avoiding inconsistency between the law and Constitution
- reading in is a constitutional remedy which is granted by a court after it has
concluded that a statute is constitutionally invalid
- reading in is mainly used when the inconsistency is caused by an omission and it is
necessary to add words to the statutory provision to cure it
1.8 Discuss whether, and to what extent, a juristic person can rely on the protection of the Bill of
Rights. For instance, can Nose week, an independent newspaper, invoke the right to life
and the right to freedom of expression? (5)
- In the First Certification judgment, the Court emphasized that many universally accepted
fundamental rights will be fully recognized only if afforded to juristic persons as well as
to natural persons.
- Section 8(4) provides for the protection of juristic persons. A juristic person is entitled
to the rights in the Bill of Rights to the extent required by the nature of the rights and
the nature of that juristic person.
Downloaded by Tinomuda Nhongo ()
Exam pack FUR2601 2013 2014 papers 1
Fundamental Rights (University of South Africa)
StuDocu is not sponsored or endorsed by any college or university
Downloaded by Tinomuda Nhongo ()
, lOMoARcPSD|7394947
FUNTAMENTAL RIGHTS
FUR2601
EXAM PACK
Downloaded by Tinomuda Nhongo ()
, lOMoARcPSD|7394947
Contents
Nov 2014....................................................................................................................................... 3
June 2014 .................................................................................................................................... 13
Nov 2013..................................................................................................................................... 21
June 2013 .................................................................................................................................... 29
Downloaded by Tinomuda Nhongo ()
, lOMoARcPSD|7394947
Nov 2014
QUESTION 1 – SECTION A
1.1 4
1.2 4
1.3 2
1.4 1
1.5 1
SECTION B
1.6 List the requirements that have to be taken in order to obtain locus stand when a
person is seeking to act in the public interests (2)
- It must be shown that the person is acting in the public interest
- It must be shown that the public has sufficient interest in the requested remedy.
1.7 Differentiate the following concepts
Reading in and reading down (3)
- reading in is a remedy while reading down is a method of statutory interpretation
aimed at avoiding inconsistency between the law and Constitution
- reading in is a constitutional remedy which is granted by a court after it has
concluded that a statute is constitutionally invalid
- reading in is mainly used when the inconsistency is caused by an omission and it is
necessary to add words to the statutory provision to cure it
1.8 Discuss whether, and to what extent, a juristic person can rely on the protection of the Bill of
Rights. For instance, can Nose week, an independent newspaper, invoke the right to life
and the right to freedom of expression? (5)
- In the First Certification judgment, the Court emphasized that many universally accepted
fundamental rights will be fully recognized only if afforded to juristic persons as well as
to natural persons.
- Section 8(4) provides for the protection of juristic persons. A juristic person is entitled
to the rights in the Bill of Rights to the extent required by the nature of the rights and
the nature of that juristic person.
Downloaded by Tinomuda Nhongo ()
