,UNIVERSITY EXAMINATIONS
October/November 2023
CSL2601
Constitutional Law
100 Marks
Duration 4 (four) Hours
First examiner: Prof L Stone Second
examiner: Mr P Mudau
INSTRUCTIONS FOR A TAKE-HOME EXAM ON MYEXAMS
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
1. The examination question paper counts 100 marks.
2. Answer all of the question asked.
3. The duration of the examination is four (4) hours.
4. In addition to the duration of the examination indicated on the timetable,
you are given 30 minutes to FINALISE the uploading of your exam file.
Your exam file must be uploaded via the myExams platform on 25
October 2023 BEFORE 12:30pm (South African Standard Time)
5. This is an open-book examination. You may consult your prescribed
study material during the examination. However, you may not simply copy
and paste answers.
6. This examination is proctored via the Invigilator App. You are required to
activate (or log in to) the Invigilator app between 07:45am and 08:30am
(South African Standard Time). The QR code is below:
,QUESTION 1
1.1 University students across South Africa have been demanding a decolonised
and Africanised education for the past decade. Explain in what respects it can
be argued that
South Africa already has a decolonised system of Constitutional Law.
(8)
1.2 Constitutional powers should be conferred on the lowest sphere of government
as this is the sphere closest to the people. In the context of multi-sphere
government in South Africa, what is this principle? Which provisions of the
Constitution, supported by relevant case law, confirm that this is how South
Africa’s system of co-operative government is
intended to function? (17)
QUESTION 2
At paragraph 218 of the judgment in Economic Freedom Fighters & Others v
Speaker of the National Assembly & Others 2018 (3) BCLR 259 (CC); 2018 (2)
SA 571 (CC), Jafta J states:
The divergence of views in this matter flows solely from different
interpretations assigned to section 89 of the Constitution. This is not novel.
It happens frequently in courts presided over by panels of Judges. But what
is unprecedented is the suggestion that the construction of the section
embraced by the majority here constitutes “a textbook case of judicial
overreach.”
, 2.1 What concept or doctrine is being referred to in the context of “judicial
overreach”?
Discuss fully, with reference to appropriate case law to justify your answer.
Provide your own opinion on whether the judgment in this case does constitute
judicial overreach. (18)
2.2 Critically discuss section 89 of the Constitution with reference to case law.
The discussion must include a comprehensive analysis of the rationale for
section 89, the consequences of this section, as well as a discussion of how
section 89 differs from section 102 of the
Constitution.
(15)
QUESTION 3
3.1 Compare and contrast the institutions established in terms of sections 178; 179
and 182, 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. (30)
3.2 Explain the concept of constitutionalism, including all its features. Refer to
case law and
October/November 2023
CSL2601
Constitutional Law
100 Marks
Duration 4 (four) Hours
First examiner: Prof L Stone Second
examiner: Mr P Mudau
INSTRUCTIONS FOR A TAKE-HOME EXAM ON MYEXAMS
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
1. The examination question paper counts 100 marks.
2. Answer all of the question asked.
3. The duration of the examination is four (4) hours.
4. In addition to the duration of the examination indicated on the timetable,
you are given 30 minutes to FINALISE the uploading of your exam file.
Your exam file must be uploaded via the myExams platform on 25
October 2023 BEFORE 12:30pm (South African Standard Time)
5. This is an open-book examination. You may consult your prescribed
study material during the examination. However, you may not simply copy
and paste answers.
6. This examination is proctored via the Invigilator App. You are required to
activate (or log in to) the Invigilator app between 07:45am and 08:30am
(South African Standard Time). The QR code is below:
,QUESTION 1
1.1 University students across South Africa have been demanding a decolonised
and Africanised education for the past decade. Explain in what respects it can
be argued that
South Africa already has a decolonised system of Constitutional Law.
(8)
1.2 Constitutional powers should be conferred on the lowest sphere of government
as this is the sphere closest to the people. In the context of multi-sphere
government in South Africa, what is this principle? Which provisions of the
Constitution, supported by relevant case law, confirm that this is how South
Africa’s system of co-operative government is
intended to function? (17)
QUESTION 2
At paragraph 218 of the judgment in Economic Freedom Fighters & Others v
Speaker of the National Assembly & Others 2018 (3) BCLR 259 (CC); 2018 (2)
SA 571 (CC), Jafta J states:
The divergence of views in this matter flows solely from different
interpretations assigned to section 89 of the Constitution. This is not novel.
It happens frequently in courts presided over by panels of Judges. But what
is unprecedented is the suggestion that the construction of the section
embraced by the majority here constitutes “a textbook case of judicial
overreach.”
, 2.1 What concept or doctrine is being referred to in the context of “judicial
overreach”?
Discuss fully, with reference to appropriate case law to justify your answer.
Provide your own opinion on whether the judgment in this case does constitute
judicial overreach. (18)
2.2 Critically discuss section 89 of the Constitution with reference to case law.
The discussion must include a comprehensive analysis of the rationale for
section 89, the consequences of this section, as well as a discussion of how
section 89 differs from section 102 of the
Constitution.
(15)
QUESTION 3
3.1 Compare and contrast the institutions established in terms of sections 178; 179
and 182, 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. (30)
3.2 Explain the concept of constitutionalism, including all its features. Refer to
case law and
