CSL2601 PORTFOLIO MEMO - SEMESTER 2 - 2024 - OCTOBER/NOVEMBER - UNISA - DUE DATE :- 14 OCTOBER 2024 (FULLY REFERENCED! DISTINCTION GUARANTEED!)

CSL2601 PORTFOLIO MEMO - SEMESTER 2 - 2024 - OCTOBER/NOVEMBER - UNISA - DUE DATE :- 14 OCTOBER 2024 (FULLY REFERENCED! DISTINCTION GUARANTEED!) QUESTION 1 Read the paragraph below. Is the information true? Explain your answer. 1.1The results of each general election have significant consequences. If the majority party loses an election, everyone in government must resign, including the public administration, and the members of the public service. Thus, the officials within the public administration who do the core of the government’s work and implement the political decisions taken by the members of the executive, as well as those persons who work for national and provincial government departments must resign and be replaced by individuals representing the new political parties within the coalition that is formed. (2) 1.2 Indicate whether the statement below is true or false. Explain your answer. The rule of law, as an enshrined value in the Constitution, essentially means that all legislation in South Africa must be obeyed by everyone as long as Parliament has taken all the necessary procedural requirements in enacting that law, and no one should challenge any legislation that has been duly passed by Parliament. (3) 1.3 Indicate whether the statement below is true or false. Explain your answer. In accordance with Chapter 3 of the Constitution, all three spheres of government are distinct, but instead of competing with each other, the Constitution envisages a co- operative relationship to deliver the vision of the Constitution. (2) 1.4 In terms of the Constitution, the National Assembly is responsible for performing specific functions. Which function in the paragraph below is not correct? Explain your answer. At its first sitting after an election, the National Assembly must appoint, from amongst its members, the President. The National Assembly must then embark on the task of considering and passing legislation; appointing commissions of inquiry; and holding the executive accountable. (2) 5 1.5 Consider each of the following scenarios and explain whether the action taken by the respective branch of government was valid. Justify your answer. a) The Supreme Court of Appeal has recently held that the Fees on Higher Education Act, an Act which was duly signed by the President, is invalid as it did not comply with the procedural requirements of public participation Evidence this effect was brought before the Court to this effect, and the legislature actually conceded that they did not publish the Bill for public comment because it was ‘urgent’). (4) b) The President, as head of the executive, has requested that as part of the checks and balances, the judiciary must provide full and regular reports on matters on which they adjudicate, as well as provide reasons for their judgments, the failure of which will result in the dismissal of a judge. (4) c) The legislature, as part of its checks and balances procedure, has requested that the Minister of Education should come before it and report on the problems affecting the education sector, particularly the lack of delivery of textbooks in certain parts of the country. (4) d) The legislature, with a supporting vote of 74% of members of the National Assembly, and the support of five provinces in the National Council of Provinces, has passed the Constitutional Amendment Bill 26, which proposes to change the wording of section 1(c) of the Constitution to read ‘supremacy of the legislature and the rule of law’. (4) [25] QUESTION 2 The UNISA Student Parliament has resolved to formulate a law on the use of artificial intelligence for educational purposes at UNISA because of the very high number of student disciplinary cases involving the use of ChatGPT and other artificial intelligence sources. Since the UNISA Student Parliament is analogous to any other parliament, explain all of the steps and/or processes that are required in order for this law to be drafted and ultimately become operative. [10] 6 QUESTION 3 In the case of Democratic Alliance v Minister of International Relations and Cooperation & Others 2017 (3) SA 212 (GP), the very first words of the judgment read: ‘This case turns on the separation of powers between the national executive and parliament …’. The separation of powers is defined as the principle that there must be some separation of function and, in some cases, personnel of the three branches of government.1 Explain in detail how the separation of powers principle operates in South Africa and apply this understanding to the case above, among others, and applicable theories. [25] QUESTION 4 In the case of United Democratic Movement v Speaker of the National Assembly [2017] ZACC 21, at paragraph 7, former Chief Justice Mogoeng Mogoeng wrote: Public office comes with a lot of power. That power comes with responsibilities whose magnitude ordinarily determines the allocation of resources for the performance of public functions. The powers and resources assigned to each of these arms do not belong to the public office-bearers who occupy positions of high authority therein. They are therefore not to be used for the advancement of personal or sectarian interests. Amandla awethu, mannda ndiashu, maatla ke a rona or matimba ya hina (power belongs to us) and mayibuye iAfrika (restore Africa and its wealth) are much more than mere excitement generating slogans. They convey a very profound reality that State power, the land and its wealth all belong to “we the people”, united in diversity. This case is closely intertwined with a number of other cases dealing with the same facts because there is a common denominator that is at the root of the issue. Thoroughly discuss at least two of the related cases, including the pertinent provisions of the Constitution, and any non- judicial findings in order to explain where the United Democratic Movement case fits in to the matrix of these cases. [20] QUESTION 5 A quasi-federal system is defined as a system in which the power to pass and implement legislation is distributed between the national government and provincial governments but in which the power of provincial governments is limited.2 However, it can be argued that this definition does not go far enough to properly explain South Africa’s system of multi-sphere government. With specific reference to the case of City of Tshwane Metropolitan Municipality v Afriforum & Another 2016 (6) SA 279 (CC) as well as relevant parts of the Constitution and any other applicable case law, explain what is different about South Africa’s system of multi-sphere governance. Which fundamental principles, doctrines or theories are not expressly included in this definition? [20]