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FUR2601 ASSIGNMENT 2 MEMO - SEMESTER 2 - 2023 - UNISA - (UNIQUE NUMBER: - 720564 ) (DISTINCTION GUARANTEED) – DUE DATE:- 30 SEPTEMBER 2023

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FUR2601 ASSIGNMENT 2 MEMO - SEMESTER 2 - 2023 - UNISA - (UNIQUE NUMBER: - ) (DISTINCTION GUARANTEED) – DUE DATE:- 30 SEPTEMBER 2023 Question 1 What is the basis for the distinction between socio-economic rights on the one hand and civil and political rights on the other? (3) Question 2 What is the difference between formal equality and substantive equality? (2) Question 3 Ms S and Mr R are the parents to their minor child. Ms S and Mr R were never married and have since separated but have continued to act as co-parents to the minor child. Ms S has recently been promoted and her new position requires her to relocate to Kenya. Ms S wishes to move to Kenya with the minor child. Mr R has refused. Ms approaches the family advocate. She requests that the Family advocate investigate the best interests of the child regarding possible relocation to Kenya, under section 4 of the Mediation in Certain Divorce Matters Act 24 of 1987 (the Act). She is informed that under section 4 of the Act, the family advocate may only intervene in cases concerning divorced or married parents. Ms S approaches you for legal advice. (a) Ms S asks you which rights under the Bill of Rights are infringed by her and her child’s exclusion from the application of the Act. Name and identify two rights. (1/2) (b) You decide to institute proceedings raising the constitutional validity of section 4 of the Act. Which Court would you approach for relief on behalf of Ms S? Provide a reason for your answer. (1/2) (c) Does Section 4 of the Act amount to the infringement of the right to equality and non-discrimination? Discuss with reference to the test laid down in Harksen v Lane NO. Provide reasons for your answer. Half marks will be awarded (4)

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FUR2601
Fundamental Rights

ASSIGNMENT 2 MEMO
SEMESTER 2 - 2023
UNIQUE NUMBER: -720564
Due date: - 30 September 2023 (Extended)
Includes Footnotes and/or Bibliography
Question 1
What is the basis for the distinction between socio-economic rights on the one hand and civil and political rights on
the other? (3)

Question 2

What is the difference between formal equality and substantive equality? (2)

Question 3

Ms S and Mr R are the parents to their minor child. Ms S and Mr R were never married and have since separated but
have continued to act as co-parents to the minor child. Ms S has recently been promoted and her new position requires
her to relocate to Kenya. Ms S wishes to move to Kenya with the minor child. Mr R has refused.

Ms approaches the family advocate. She requests that the Family advocate investigate the best interests of the child
regarding possible relocation to Kenya, under section 4 of the Mediation in Certain Divorce Matters Act 24 of 1987 (the
Act). She is informed that under section 4 of the Act, the family advocate may only intervene in cases concerning
divorced or married parents. Questions continue…



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