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FUR2601 Assignment 1 (ANSWERS) Semester 1 2026 - Due 27 March 2026

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Fundamental Rights - FUR2601 Assignment 1 Semester 1 2026 - Due 27 March 2026; 100 % TRUSTED workings, Expert Solved, Explanations and Solutions. For assistance call or W.h.a.t.s.a.p.p us on ...(.+.2.5.4.7.7.9.5.4.0.1.3.2)........... QUESTION 1 [10] The Gauteng Department of Health has decided to reduce the treatment given to Aids patients who are non-citizens due to a shortage of funds and the Department’s inability to meet the demands placed on it. Is this decision constitutional? Substantiate your answer with reference to case law. QUESTION 2 [10] Ms Dlamini resides directly adjacent to Pretoria Technical High School for Boys, a prestigious public school. When Ms Dlamini applied for Grade 8 admission, the School Governing Body (SGB) rejected her application because she was female, and it was the school’s policy, in terms of Section 12(6) of the South African Schools Act 84 of 1996, to admit only male learners. During an appeal, the principal raised the following points: 1. Pretoria Technical is historically a boys' school, and its infrastructure, like locker rooms and sports facilities, are exclusively designed for male leaners. 2. The curriculum and extracurriculars are designed for male learners. 3. There is a mixed school, Pretoria High School, located 10 km away which has space available. Ms Dlamini argues that Pretoria High School does not offer Woodworking and Electronics, both of which are offered at Pretoria Technical High School for Boys. Furthermore, the commute to Pretoria High School would impose a significant financial burden on her family. Ms Dlamini believes she is being unfairly discriminated. Assuming that it is accepted that section 12(6) of the South African Schools Act 84 of 1996, amounts to unfair discrimination because it allows for single sex public schools; advice the school on whether the infringement is reasonably justifiable. [TOTAL: 20] 2 3 MARKING RUBRIC FOR ASSESSMENT 1 Assessment criteria Explanation Max Plagiarism and academic dishonesty You need to click on the square with the percentage of Overall Similarity and then look at the percentages next to each source indicated by a coloured circle consecutively numbered 1, 2, 3, etc. Artificial intelligence: Any score for the use of artificial intelligence = 0 and referral for disciplinary proceedings. See the 79% AI on the bottom right of the screenshot. Consistently following the OSCOLA referencing style. No footnotes or incorrect references = 0 and may be an indication of academic dishonesty. 30% or more identical to an individual source = 0, but investigate because there could be cumulative scores and extensive highlighting notwithstanding a “low” score. 4 Correct identification of issues; inclusion of pertinent information. Quality of content in terms of persuasion, clarity, coherence. Q1 =7 Q2=7 Knowledge of content of FUR2601 module apparent; specific, correct, relevant. Logic and application are evidence 14 Use of language and formulation of sentences. General lay-out and adherence to word limit (2 500 words). Too many grammar, punctuation, syntax errors = 0. Too long or too short = 0 2 TOTAL 20 © UNISA 2026

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FUR2601
ASSIGNMENT 1 SEMESTER 1 2026

UNIQUE NO.
DUE DATE: 27 MARCH 2026

, Fundamental Rights - FUR2601

QUESTION 1
Is the decision of the Gauteng Department of Health constitutional?

1. The Constitutional Framework

The issue concerns whether the decision to reduce treatment for non-citizen AIDS
patients is consistent with the Constitution of the Republic of South Africa, 1996.

The relevant rights are:

 Section 27(1)(a) – Everyone has the right to have access to health care
services.
 Section 27(2) – The state must take reasonable legislative and other measures,
within available resources, to achieve the progressive realisation of this right.
 Section 9(3) – The right to equality and protection against unfair discrimination.
 Section 36 – The general limitations clause.

Importantly, section 27 refers to “everyone”, not only citizens. This is constitutionally
significant.




2. Socio-Economic Rights and Reasonableness

In Soobramoney v Minister of Health (KwaZulu-Natal), the Constitutional Court held
that access to health care may be limited by resource constraints. The Court accepted
that scarce medical resources may justify restrictions if the policy is rational and applied
fairly.

However, later jurisprudence refined this approach.

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Publisher: augustus 2016 ISBN: 9789462366565 Edition: 1

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