FUR2601Questions and Answers Correctly Answered Graded 100% Pass

(i) APPLICATION - CORRECT ANSWER -Here, it needs to be established whether the Bill of Rights applies to the dispute between the parties. It must be established whether the applicant is protected by the Bill of Rights and whether the respondent is bound to act in accordance with the Bill of Rights. The applicant must determine which right in the Constitution protects him/her in the particular circumstances of the case. Section 8 of the Constitution will determine whether the respondent is bound in the circumstances to act in accordance with the Constitution. How does the Bill of Rights apply to the dispute? It must be determined whether the Bill of Rights applies directly or indirectly. The general rule followed by the courts is that the Bill of Rights must first be applied indirectly before direct application is considered (i) INTERPRETATION - CORRECT ANSWER -Has the law or the conduct of the respondent infringed a fundamental right of the applicant? This stage focuses on the actual infringement of a right. It must be determined whether the law or conduct in question violates the right, or rights, of the applicant. The courts will determine this upon an interpretation of the provisions of the Constitution in general and the Bill of Rights in particular. If the court concludes that no violation has taken place, the application will be dismissed. If, however, the infringement of a fundamental right has taken place, the court will go on to the next question. (i) ONUS - PROCEDURAL STAGE: - CORRECT ANSWER -In the procedural stage, the onus is on the applicant to prove that all the requirements have been satisfied.