IRM1501
EXAM PORTFOLIO 2026
Detailed Solutions, References & Explanations
Unique number:
Due Date: 20 May 2026 at 12h00
QUESTION 1
Transformative constitutionalism is a constitutional philosophy that guides the interpretation
and application of the South African Constitution. The concept developed after the end of
apartheid and is aimed at transforming South African society from one characterised by
inequality, discrimination and oppression into a democratic society founded on human dignity,
equality and freedom. The Constitution of the Republic of South Africa, 1996 is therefore not
only a legal document that regulates government powers, but also an instrument intended to
achieve social and economic transformation.1 The Constitution seeks to redress the injustices
of the past and establish a society based on democratic values, social justice and fundamental
human rights.1
Terms of use
Activity 1: Multiple intelligences in Environmental Education
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
The assignment asks learners to explain selected multiple intelligences and show
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
how each can be catered forFully accept the consequences
in classroom teaching and should you plagiarise
learning . or misuse this document.
1.1(a) Interpersonal intelligence Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is” without
any representations or warranties, express or implied. The author assumes no liability as a result of
reliance and use of the contents of this document. This document is to be used for comparison, research
and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any
form or by any means.
, +27 67 171 1739
QUESTION 1
Transformative constitutionalism is a constitutional philosophy that guides the
interpretation and application of the South African Constitution. The concept
developed after the end of apartheid and is aimed at transforming South African
society from one characterised by inequality, discrimination and oppression into a
democratic society founded on human dignity, equality and freedom. The
Constitution of the Republic of South Africa, 1996 is therefore not only a legal
document that regulates government powers, but also an instrument intended to
achieve social and economic transformation.1 The Constitution seeks to redress the
injustices of the past and establish a society based on democratic values, social
justice and fundamental human rights.2
The term “transformative constitutionalism” was introduced prominently by Karl
Klare, who described it as a long-term project of constitutional interpretation and
enforcement that aims to transform political and social institutions in a democratic
and egalitarian direction.3 According to Klare, the South African Constitution requires
judges, lawyers and legal scholars to adopt a new legal culture that moves away
from the formalistic and conservative methods that existed during apartheid.4
Instead, courts are encouraged to interpret the Constitution in a progressive and
purposive manner that advances constitutional values and social justice.
Transformative constitutionalism is closely connected to the values contained in the
Constitution. Section 1 of the Constitution identifies the foundational values of the
Republic as human dignity, equality, freedom, non-racialism, non-sexism and the
supremacy of the Constitution and the rule of law.5 These values guide courts in
interpreting rights and resolving disputes. The Bill of Rights further strengthens
transformative constitutionalism because it protects both civil and political rights, as
well as socio-economic rights such as housing, healthcare, food, water and
1
Constitution of the Republic of South Africa, 1996.
2
ibid Preamble.
3
Karl Klare, ‘Legal Culture and Transformative Constitutionalism’ (1998) 14 South African Journal on Human
Rights 150.
4
ibid 156.
5
Constitution of the Republic of South Africa, 1996 s 1.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is” without
any representations or warranties, express or implied. The author assumes no liability as a result of
reliance and use of the contents of this document. This document is to be used for comparison, research
and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any
form or by any means.
, +27 67 171 1739
education.6 The inclusion of socio-economic rights demonstrates that the
Constitution aims to improve the material conditions of disadvantaged people and
not merely guarantee formal legal equality.
Former Chief Justice Pius Langa explained that transformative constitutionalism
requires a continuous process of change within South African society and legal
institutions.7 Langa argued that transformation involves more than changes to laws
because it also requires changes in attitudes, power relations and social structures.8
Courts therefore have an important responsibility to ensure that constitutional rights
are interpreted in a way that promotes substantive equality and social justice. This
approach reflects the idea that the Constitution is transformative by both its design
and purpose.
South African courts have applied transformative constitutionalism in several
landmark decisions. One of the earliest and most significant cases was S v
Makwanyane, where the Constitutional Court abolished the death penalty.9 The
Court held that capital punishment violated the constitutional rights to life and dignity.
In reaching its decision, the Court relied on constitutional values such as ubuntu,
compassion and humanity. Justice Mokgoro emphasised that ubuntu forms part of
the constitutional value system and promotes respect for human dignity and
reconciliation.10 The case demonstrated how transformative constitutionalism
influenced the development of a human rights culture in South Africa.
Another important example is Government of the Republic of South Africa v
Grootboom, which dealt with the constitutional right of access to adequate housing.11
The Constitutional Court found that the government had failed to take reasonable
measures to provide relief for people living in desperate conditions. The Court
6
ibid ch 2.
7
Pius Langa, ‘Transformative Constitutionalism’ (2006) 17 Stellenbosch Law Review 352.
8
ibid 353–355.
9
S v Makwanyane 1995 (3) SA 391 (CC).
10
Yvonne Mokgoro, ‘Ubuntu and the South African Law’ (1998) 1 Potchefstroom Electronic Law
Journal 15.
11
Government of the Republic of South Africa v Grootboom 2001 (1) SA 46 (CC).
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is” without
any representations or warranties, express or implied. The author assumes no liability as a result of
reliance and use of the contents of this document. This document is to be used for comparison, research
and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any
form or by any means.
EXAM PORTFOLIO 2026
Detailed Solutions, References & Explanations
Unique number:
Due Date: 20 May 2026 at 12h00
QUESTION 1
Transformative constitutionalism is a constitutional philosophy that guides the interpretation
and application of the South African Constitution. The concept developed after the end of
apartheid and is aimed at transforming South African society from one characterised by
inequality, discrimination and oppression into a democratic society founded on human dignity,
equality and freedom. The Constitution of the Republic of South Africa, 1996 is therefore not
only a legal document that regulates government powers, but also an instrument intended to
achieve social and economic transformation.1 The Constitution seeks to redress the injustices
of the past and establish a society based on democratic values, social justice and fundamental
human rights.1
Terms of use
Activity 1: Multiple intelligences in Environmental Education
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
The assignment asks learners to explain selected multiple intelligences and show
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
how each can be catered forFully accept the consequences
in classroom teaching and should you plagiarise
learning . or misuse this document.
1.1(a) Interpersonal intelligence Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is” without
any representations or warranties, express or implied. The author assumes no liability as a result of
reliance and use of the contents of this document. This document is to be used for comparison, research
and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any
form or by any means.
, +27 67 171 1739
QUESTION 1
Transformative constitutionalism is a constitutional philosophy that guides the
interpretation and application of the South African Constitution. The concept
developed after the end of apartheid and is aimed at transforming South African
society from one characterised by inequality, discrimination and oppression into a
democratic society founded on human dignity, equality and freedom. The
Constitution of the Republic of South Africa, 1996 is therefore not only a legal
document that regulates government powers, but also an instrument intended to
achieve social and economic transformation.1 The Constitution seeks to redress the
injustices of the past and establish a society based on democratic values, social
justice and fundamental human rights.2
The term “transformative constitutionalism” was introduced prominently by Karl
Klare, who described it as a long-term project of constitutional interpretation and
enforcement that aims to transform political and social institutions in a democratic
and egalitarian direction.3 According to Klare, the South African Constitution requires
judges, lawyers and legal scholars to adopt a new legal culture that moves away
from the formalistic and conservative methods that existed during apartheid.4
Instead, courts are encouraged to interpret the Constitution in a progressive and
purposive manner that advances constitutional values and social justice.
Transformative constitutionalism is closely connected to the values contained in the
Constitution. Section 1 of the Constitution identifies the foundational values of the
Republic as human dignity, equality, freedom, non-racialism, non-sexism and the
supremacy of the Constitution and the rule of law.5 These values guide courts in
interpreting rights and resolving disputes. The Bill of Rights further strengthens
transformative constitutionalism because it protects both civil and political rights, as
well as socio-economic rights such as housing, healthcare, food, water and
1
Constitution of the Republic of South Africa, 1996.
2
ibid Preamble.
3
Karl Klare, ‘Legal Culture and Transformative Constitutionalism’ (1998) 14 South African Journal on Human
Rights 150.
4
ibid 156.
5
Constitution of the Republic of South Africa, 1996 s 1.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is” without
any representations or warranties, express or implied. The author assumes no liability as a result of
reliance and use of the contents of this document. This document is to be used for comparison, research
and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any
form or by any means.
, +27 67 171 1739
education.6 The inclusion of socio-economic rights demonstrates that the
Constitution aims to improve the material conditions of disadvantaged people and
not merely guarantee formal legal equality.
Former Chief Justice Pius Langa explained that transformative constitutionalism
requires a continuous process of change within South African society and legal
institutions.7 Langa argued that transformation involves more than changes to laws
because it also requires changes in attitudes, power relations and social structures.8
Courts therefore have an important responsibility to ensure that constitutional rights
are interpreted in a way that promotes substantive equality and social justice. This
approach reflects the idea that the Constitution is transformative by both its design
and purpose.
South African courts have applied transformative constitutionalism in several
landmark decisions. One of the earliest and most significant cases was S v
Makwanyane, where the Constitutional Court abolished the death penalty.9 The
Court held that capital punishment violated the constitutional rights to life and dignity.
In reaching its decision, the Court relied on constitutional values such as ubuntu,
compassion and humanity. Justice Mokgoro emphasised that ubuntu forms part of
the constitutional value system and promotes respect for human dignity and
reconciliation.10 The case demonstrated how transformative constitutionalism
influenced the development of a human rights culture in South Africa.
Another important example is Government of the Republic of South Africa v
Grootboom, which dealt with the constitutional right of access to adequate housing.11
The Constitutional Court found that the government had failed to take reasonable
measures to provide relief for people living in desperate conditions. The Court
6
ibid ch 2.
7
Pius Langa, ‘Transformative Constitutionalism’ (2006) 17 Stellenbosch Law Review 352.
8
ibid 353–355.
9
S v Makwanyane 1995 (3) SA 391 (CC).
10
Yvonne Mokgoro, ‘Ubuntu and the South African Law’ (1998) 1 Potchefstroom Electronic Law
Journal 15.
11
Government of the Republic of South Africa v Grootboom 2001 (1) SA 46 (CC).
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is” without
any representations or warranties, express or implied. The author assumes no liability as a result of
reliance and use of the contents of this document. This document is to be used for comparison, research
and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any
form or by any means.
