CSL2601 Assignment 2 (DETAILED ANSWERS) Semester 1 2024 - DISTINCTION GUARANTEED

CSL2601 Assignment 2 (ANSWERS) Semester 1 2024 - DISTINCTION GUARANTEED. Answers, guidelines, workings and references..... ....... 1. The most significant aspect of the case of Economic Freedom Fighters v Speaker of the National Assembly 2018 (2) SA 571 (CC) (EFF II) is that the judiciary has too much political power and intrudes into the executive domain. 2. As a member of the uMkhonto we Sizwe party, former President Jacob Zuma has announced his intention to campaign against the right of LGBTIQ+ people to a family life. His opinion is that the ‘legislation supporting same-sex marriage lacks support from the majority of SA’. This scenario is an example of the principle of subsidiarity. 3. When carefully analysed, the recent case of United Democratic Movement and Others v Eskom Holdings SOC Ltd and Others [2023] ZAGPPHC 280; 005779/2023 (5 May 2023) – the “loadshedding” case – is an instance of judicial over-reach. 4. The counter-majoritarian dilemma has no relevance to South African Constitutional Law. It is simply a convenient excuse that politicians invoke when the judiciary is counter-revolutionary. 5. The horizontal distribution of power in South Africa is exactly how multi-sphere governance works in South Africa. 6. The formal removal of an official office-bearer for gross misconduct or gross incompetence is known as recusal. 7. According to the case of de Lille and Another v Speaker of the National Assembly 1998 (3) SA 785 (CC), parliamentary privilege is the right to freedom of speech of members of parliament and the protection not to be held liable to civil or criminal proceedings, arrest, imprisonment or damages for saying or revealing anything in Parliament. 8. The responsibility placed on the legislature to include the views of interested parties by permitting submissions being made and considering these views in good faith is known as public participation. 9. “Confirmation” is the pre-requisite process in order for a national or provincial constitution to become law. 10. Universal adult suffrage; a national common voters roll; regular, free and fair elections; and a multi-party system of government are characteristics of democracy. 11. The rule of law is arguably the most fundamental feature of South Africa’s democratic dispensation: it imposes a binding duty on the government and individuals to adhere to prescribed conduct. 12. The case of Roe v Wade 410 U.S. 113 (1973) is excellent authority when conveying how the separation of powers doctrine operates in the South African context. 13. A far-reaching and intrusive power conferred on the executive branch within any of the nine provinces to guarantee that a municipality within such province complies with a statutory or constitutional obligation is “intervention”. 14. Section 146 of the Constitution contains the method to determine which Act will prevail when there is uncertainty about the status of a national or provincial law. 15. When referring to the Constitution of 1996 it is necessary to cite the Constitution as the Constitution of the Republic of South Africa Act 108 of 1996. 16. The recommendations of the Public Protector are not binding. 17. Local government elections will be taking place in South Africa in the first half of 2024. 18. Parliament is prohibited from delegating subordinate regulatory authority to other bodies. 19. In terms of the Constitution of the Republic of South Africa, government spheres should resolve their problems and disputes in the Constitutional Court. 20. The state is a permanent object, whereas the government changes when elections are held and this impacts on the composition of the legislature and the executive. Part B [20 marks] Compare and contrast the institutions established in terms of sections 178; 179; 182 and 190, respectively, of the Constitution. You must provide a full discussion of the purpose, function and status of each of these institutions. Rely on appropriate case law to fully and convincingly substantiate your answer.