CSL2601 EXAM QUESTIONS WITH COMPLETE
SOLUTIONS
/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.
SOLUTIONS
/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.
