CSL2601 Assignment 2 (DETAILED ANSWERS) Semester 2 2024 - DISTINCTION
GUARANTEED
list the characteristics of a state (5) - ANSWER-Characteristics of a state are:
1) a specific, geographically defined territory;
2) a community of people who live within that territory;
3) a legal order to which the community is subject,
4) An organised system of government which is able to uphold the legal order;
5) a certain measure, at least of separate political identity, if not sovereign political status.
Also remember to apply facts of the scenario to the characteristics of state
When does the president exercise executive authority? (6)
Slide 1 - ANSWER-Section 84 and 85
o The president's powers includes performing any executive function provided for in the
Constitution or in national legislation.
-When the president is exercising a political discretion on behalf of the government,
- when he appoints the Deputy President, Cabinet Ministers and Deputy Ministers.
-Has authority to appoint the leader of government business in the National Assembly from
among the members of the National Assembly (the Speaker of Parliament).
When does the president exercise executive authority? (6)
Slide 2 - ANSWER-~ implementing national legislation except where the Constitution or an Act
of Parliament provides otherwise
,~ developing and implementing national policy
~ co-ordinating the functions of state departments and administrations
~ preparing and initiating legislation
~ appointing the:
1. judges
2. National Director of Public Prosecutions
3.Military Command of the National Defence Force
4. National Commissioner of the South African Police Service
5. head of the National Intelligence Agency 6.inspector monitoring the intelligence service
7.members of the Financial and Fiscal Commission
What does it mean to act "together with the other members of the Cabinet"? (4) - ANSWER-
•The decisions on the powers and functions of the president as head of the national executive are
cabinet meetings.
•Degree of consent needed from other members of the cabinet depends on the decision-making
procedures followed in the cabinet.
•"consultation" is required, although president is not bound by any recommendations made.
•Sometimes the president may only make executive decisions "on the recommendations or
advice" of cabinet.
•Examples include a declaration of a state of national defence, which must be approved by
parliament.
•This concept also means that the president must be sensitive not only to the members of cabinet
who elected him but also to the general public who voted for the political party which won the
election.
S89 of the Constitution and who has the power to remove the President? (2) - ANSWER-
National Assembly by passing a resolution with a two-third majority (66.6%) vote in favour.
(b) On what grounds can the President be removed from office? (3) - ANSWER-1) serious
violation of the Constitution or law;
2) serious misconduct;
, 3) inability to perform functions of office.
Privileges of Members of Parliament and how these privileges are regulated. (refer to
Constitution and case law) (10) - ANSWER-Andrea answered
When members of the public challenge the constitutionality of an act- on which basis can a
challenge be brought. (RATES and TAX scenario and Cape Town Municipality question)
When answering the Q:
-Is parliament sovereign under the new dispensation?
-If it is not sovereign- determine status of local sphere of gvt?
-Determine mechanisms in place to assist local gvt to achieve full potential
-Refer to Roberston case
Slide 1 - ANSWER-1. Robertson case
-local sphere has independence to regulate own affairs
-especially with regards to s152(1) Cons- to ensure provision of services to communities in a
sustainable manner.
2. Fedsure-case:
- whatever decision the municipality takes it must act in good faith in accordance with principle
of legality.
-constrained to what is permitted in Part B of schedule 4 and 5.
If Municipality failed to act:
-not acted rationally and in good faith ito principle of legality/
-Cons obliges municipality to be proactive in ensuring the best interest of community
GUARANTEED
list the characteristics of a state (5) - ANSWER-Characteristics of a state are:
1) a specific, geographically defined territory;
2) a community of people who live within that territory;
3) a legal order to which the community is subject,
4) An organised system of government which is able to uphold the legal order;
5) a certain measure, at least of separate political identity, if not sovereign political status.
Also remember to apply facts of the scenario to the characteristics of state
When does the president exercise executive authority? (6)
Slide 1 - ANSWER-Section 84 and 85
o The president's powers includes performing any executive function provided for in the
Constitution or in national legislation.
-When the president is exercising a political discretion on behalf of the government,
- when he appoints the Deputy President, Cabinet Ministers and Deputy Ministers.
-Has authority to appoint the leader of government business in the National Assembly from
among the members of the National Assembly (the Speaker of Parliament).
When does the president exercise executive authority? (6)
Slide 2 - ANSWER-~ implementing national legislation except where the Constitution or an Act
of Parliament provides otherwise
,~ developing and implementing national policy
~ co-ordinating the functions of state departments and administrations
~ preparing and initiating legislation
~ appointing the:
1. judges
2. National Director of Public Prosecutions
3.Military Command of the National Defence Force
4. National Commissioner of the South African Police Service
5. head of the National Intelligence Agency 6.inspector monitoring the intelligence service
7.members of the Financial and Fiscal Commission
What does it mean to act "together with the other members of the Cabinet"? (4) - ANSWER-
•The decisions on the powers and functions of the president as head of the national executive are
cabinet meetings.
•Degree of consent needed from other members of the cabinet depends on the decision-making
procedures followed in the cabinet.
•"consultation" is required, although president is not bound by any recommendations made.
•Sometimes the president may only make executive decisions "on the recommendations or
advice" of cabinet.
•Examples include a declaration of a state of national defence, which must be approved by
parliament.
•This concept also means that the president must be sensitive not only to the members of cabinet
who elected him but also to the general public who voted for the political party which won the
election.
S89 of the Constitution and who has the power to remove the President? (2) - ANSWER-
National Assembly by passing a resolution with a two-third majority (66.6%) vote in favour.
(b) On what grounds can the President be removed from office? (3) - ANSWER-1) serious
violation of the Constitution or law;
2) serious misconduct;
, 3) inability to perform functions of office.
Privileges of Members of Parliament and how these privileges are regulated. (refer to
Constitution and case law) (10) - ANSWER-Andrea answered
When members of the public challenge the constitutionality of an act- on which basis can a
challenge be brought. (RATES and TAX scenario and Cape Town Municipality question)
When answering the Q:
-Is parliament sovereign under the new dispensation?
-If it is not sovereign- determine status of local sphere of gvt?
-Determine mechanisms in place to assist local gvt to achieve full potential
-Refer to Roberston case
Slide 1 - ANSWER-1. Robertson case
-local sphere has independence to regulate own affairs
-especially with regards to s152(1) Cons- to ensure provision of services to communities in a
sustainable manner.
2. Fedsure-case:
- whatever decision the municipality takes it must act in good faith in accordance with principle
of legality.
-constrained to what is permitted in Part B of schedule 4 and 5.
If Municipality failed to act:
-not acted rationally and in good faith ito principle of legality/
-Cons obliges municipality to be proactive in ensuring the best interest of community
