CSL2601
Assignment 1 (COMPLETE ANSWERS)
Semester 1 2025
DUE March 2025
, ACTIVITIES
Question 1 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.On 24 May 2024 President Cyril Ramaphosa signed into law the National Prosecuting
Authority Amendment Bill, aimed at establishing a corruption-busting unit called the Investigating
Directorate against Corruption (Idac). This is hailed as part of the implementation plan on the Zondo
Commission's1 recommendations, where Zondo had unveiled the extent to which certain criminals
have influenced decision-making at the highest levels of the state. Taking this development a step
further, a Bill is intended to be introduced soon amending the Constitution to establish a new
Chapter Nine Institution called the Anti-Corruption Commission.2 Corruption is rampant in the public
sector.3 Government institution, with their access to vast amounts of money, create a fertile
environment for corrupt activities. Government officials and their associates abuse their power and
connections to commit various forms of economic crime. This includes malfeasance during the tender
process, public procurement, and other methods of financial misappropriation. Various government
institutions and state-owned enterprises have been financially crippled by corruption. Against this
backdrop you are required to answer the following questions: Question 1 Provide additional
substantive content (in the form of a few well-constructed paragraphs, with judicious use of headings
and sub-headings) to the article by Mutondi Mulaudzi and Babatunde Fagbayibo ‘Lyrics as Law:
Teaching the South African Constitution’5 by focusing your discussion exclusively on Chapters 1, 4, 5
and 8 of the South African Constitution,6 illustrating the mechanisms that the Constitution provides
to ensure the legitimacy of government and validity of the exercise of executive, legislative and
judicial power. Support your answer with relevant authority, appropriate music, and write in an
academically sound and acceptable manner. (10) 1.1 In your opinion, is an Anti-Corruption
Commission necessary or would it amount to a needless duplication of other institutions with an
overlapping mandate? Substantiate your answer fully with reference to appropriate provisions of the
Constitution4 as well as other relevant legislation. (6) 1.2 Notwithstanding your answer to question
Assignment 1 (COMPLETE ANSWERS)
Semester 1 2025
DUE March 2025
, ACTIVITIES
Question 1 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.On 24 May 2024 President Cyril Ramaphosa signed into law the National Prosecuting
Authority Amendment Bill, aimed at establishing a corruption-busting unit called the Investigating
Directorate against Corruption (Idac). This is hailed as part of the implementation plan on the Zondo
Commission's1 recommendations, where Zondo had unveiled the extent to which certain criminals
have influenced decision-making at the highest levels of the state. Taking this development a step
further, a Bill is intended to be introduced soon amending the Constitution to establish a new
Chapter Nine Institution called the Anti-Corruption Commission.2 Corruption is rampant in the public
sector.3 Government institution, with their access to vast amounts of money, create a fertile
environment for corrupt activities. Government officials and their associates abuse their power and
connections to commit various forms of economic crime. This includes malfeasance during the tender
process, public procurement, and other methods of financial misappropriation. Various government
institutions and state-owned enterprises have been financially crippled by corruption. Against this
backdrop you are required to answer the following questions: Question 1 Provide additional
substantive content (in the form of a few well-constructed paragraphs, with judicious use of headings
and sub-headings) to the article by Mutondi Mulaudzi and Babatunde Fagbayibo ‘Lyrics as Law:
Teaching the South African Constitution’5 by focusing your discussion exclusively on Chapters 1, 4, 5
and 8 of the South African Constitution,6 illustrating the mechanisms that the Constitution provides
to ensure the legitimacy of government and validity of the exercise of executive, legislative and
judicial power. Support your answer with relevant authority, appropriate music, and write in an
academically sound and acceptable manner. (10) 1.1 In your opinion, is an Anti-Corruption
Commission necessary or would it amount to a needless duplication of other institutions with an
overlapping mandate? Substantiate your answer fully with reference to appropriate provisions of the
Constitution4 as well as other relevant legislation. (6) 1.2 Notwithstanding your answer to question
