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Exam 13 October 2019, questions and answers
Constitutional Law (University of South Africa)
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Contents
May/June 2013 ....................................................................................................................................... 2
October/November 2013...................................................................................................................... 11
May/June 2014 ..................................................................................................................................... 20
October/November 2014...................................................................................................................... 26
May/June 2015 ..................................................................................................................................... 34
October/November 2015...................................................................................................................... 46
May/June 2016 ..................................................................................................................................... 59
October/November 2016...................................................................................................................... 73
May/June 2017 ..................................................................................................................................... 81
October/November 2017...................................................................................................................... 93
May/June 2018 ................................................................................................................................... 105
October/November 2018.................................................................................................................... 116
May/June 2019 ................................................................................................................................... 124
October/November 2019 [todo]......................................................................................................... 134
May/June 2020 [todo] ........................................................................................................................ 140
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May/June 2013
Question 1
Indicate whether each of the following statements is TRUE or FALSE by selecting either 1 for TRUE or
2 for FALSE.
1.1. An amendment of s1 of the Constitution in South Africa requires a supporting vote of at least
five provinces.
1.2. Common law as a source of constitutional law is superior in status to customary law.
1.3. The doctrine of separation of powers entails the division of state authority among the spheres of
government
1.4. Constitutional law regulates, amongst others, relationships between the organs of state and
individuals
1.5. The Public Protector is empowered to investigate any conduct of the judiciary that is alleged to
be improper
1.6. South Africa has the discretion to develop its own unique doctrine of separation of powers.
1.7. The National Council of Provinces must "ensure that provincial interests are taken into account
in the national sphere of government by participating in the national legislative process and by
providing a national forum for public consideration of issues affecting the provinces"
1.8. A National Commissioner of the Police Service is appointed for a term of four years, which Is
renewable for two additional terms It must be a woman or a man who is a South African citizen,
and a fit and proper person with knowledge of or experience in administration or the provision
of public services
1.9. A federal system of government provides only for the principles of co-operative government
procedures, for settling intergovernmental disputes, and for provincial participation in the
national parliament
1.10. In a unitary system, state authority is centralised in one sphere
1.11. It is because of the principle of separation of powers that parliament cannot delegate to the
executive its powers of making original legislation
1.12. All categories of prisoners in South Africa who are adults and citizens are entitled to register
and vote in the national elections.
1.13. It is a privilege of members of parliament to say anything in parliament without fear of being
held liable in a court of law, and it serves to protect parliament from outside interference. This
means that parliamentary privileges are not subject to judicial review under the new
constitutional dispensation
1.14 In Ex parte President of the RSA. In re Constitutionality of the Liquor Bill it was stated that
"any Bill whose provisions in substantial measures fall within a functional area listed in Schedule
4 of the Constitution, must be dealt with under section 76 of the Constitution"
1.15. As a member of parliament, the president of the Republic of South Africa is required to present
a state-of-the-nation address in parliament annually.
1.16 In Glenister v The President of the Republic of South Africa it was held that the Court cannot
intervene in the legislative process before a particular legislation is deliberated in parliament
1.17. The Constitutional Court in Doctors for Life International v Speaker of the National Assembly
held that public involvement is one of the essential features of participatory democracy in the
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law-making process, which had long been established under the system of customary law
through mmbrzos or lekgotlas
1.18. In Premier of the Western Cape the Court held that if the organs of state are in dispute, they
should avoid litigating against each other.
1.19 The provincial legislatures have exclusive legislative authority in relation to matters which fall
under Schedule 4 of the Constitution
1.20. The local sphere of government exercises a delegated authority from both the provincial
and national spheres of government.
Question 2
1.1 Differentiate between direct and representative democracy.
(4)
Direct democracy means that all major political decisions are taken by the people themselves. This
form of democracy may work in a different, small political community where people can get
together on a regular basis (e.g. in a town hall) to discuss and decide important matters of common
interest. Representative democracy, on the other hand, is characterized by the fact that the citizens
of a state elect the representatives of their choice, and these representatives then express the will of
the people. Representative democracy is created via a process of elections which should be held at
regular intervals and reasonably frequently. Note that although direct democracy is suitable for a
small community, representative democracy is suitable for a modern state which covers a wide
geographic area.
1.2 List the features that are regarded as indispensable to a democratic government
(4)
A democracy is characterized by the following:
Free and regular elections
A multiparty system
Universal suffrage (i.e. all citizens above a certain age have the right to vote)
The protection of minorities
Mechanisms to ensure accountability to government.
1.3 The South African Constitution 1996 Is classified as one of the most supreme and inflexible
constitutions. With reference to this statement and relevant provisions of the Constitution,
discuss whether or not the South African Constitution can be amended, and if so, what is the
procedure?
(12)
Constitutions are often classified as flexible or inflexible, supreme or not supreme, written or
unwritten, and indigenous (autochthonous) or borrowed. The distinction between flexible and
inflexible constitutions relates to the difficulty of amending them. Flexible constitutions require no
special procedures or majorities for amendment and can be amended in the same manner as any
other legislation. Inflexible constitutions require special amendment procedures (e.g. a two-week
notice period) and special amendment majorities (e.g. a two-thirds majority) before they can be
Downloaded by Tinomuda Nhongo ()
Exam 13 October 2019, questions and answers
Constitutional Law (University of South Africa)
StuDocu is not sponsored or endorsed by any college or university
Downloaded by Tinomuda Nhongo ()
, lOMoARcPSD|7394947
CSL2601- Tutorials Page 1 of 143
Contents
May/June 2013 ....................................................................................................................................... 2
October/November 2013...................................................................................................................... 11
May/June 2014 ..................................................................................................................................... 20
October/November 2014...................................................................................................................... 26
May/June 2015 ..................................................................................................................................... 34
October/November 2015...................................................................................................................... 46
May/June 2016 ..................................................................................................................................... 59
October/November 2016...................................................................................................................... 73
May/June 2017 ..................................................................................................................................... 81
October/November 2017...................................................................................................................... 93
May/June 2018 ................................................................................................................................... 105
October/November 2018.................................................................................................................... 116
May/June 2019 ................................................................................................................................... 124
October/November 2019 [todo]......................................................................................................... 134
May/June 2020 [todo] ........................................................................................................................ 140
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CSL2601- Tutorials Page 2 of 143
May/June 2013
Question 1
Indicate whether each of the following statements is TRUE or FALSE by selecting either 1 for TRUE or
2 for FALSE.
1.1. An amendment of s1 of the Constitution in South Africa requires a supporting vote of at least
five provinces.
1.2. Common law as a source of constitutional law is superior in status to customary law.
1.3. The doctrine of separation of powers entails the division of state authority among the spheres of
government
1.4. Constitutional law regulates, amongst others, relationships between the organs of state and
individuals
1.5. The Public Protector is empowered to investigate any conduct of the judiciary that is alleged to
be improper
1.6. South Africa has the discretion to develop its own unique doctrine of separation of powers.
1.7. The National Council of Provinces must "ensure that provincial interests are taken into account
in the national sphere of government by participating in the national legislative process and by
providing a national forum for public consideration of issues affecting the provinces"
1.8. A National Commissioner of the Police Service is appointed for a term of four years, which Is
renewable for two additional terms It must be a woman or a man who is a South African citizen,
and a fit and proper person with knowledge of or experience in administration or the provision
of public services
1.9. A federal system of government provides only for the principles of co-operative government
procedures, for settling intergovernmental disputes, and for provincial participation in the
national parliament
1.10. In a unitary system, state authority is centralised in one sphere
1.11. It is because of the principle of separation of powers that parliament cannot delegate to the
executive its powers of making original legislation
1.12. All categories of prisoners in South Africa who are adults and citizens are entitled to register
and vote in the national elections.
1.13. It is a privilege of members of parliament to say anything in parliament without fear of being
held liable in a court of law, and it serves to protect parliament from outside interference. This
means that parliamentary privileges are not subject to judicial review under the new
constitutional dispensation
1.14 In Ex parte President of the RSA. In re Constitutionality of the Liquor Bill it was stated that
"any Bill whose provisions in substantial measures fall within a functional area listed in Schedule
4 of the Constitution, must be dealt with under section 76 of the Constitution"
1.15. As a member of parliament, the president of the Republic of South Africa is required to present
a state-of-the-nation address in parliament annually.
1.16 In Glenister v The President of the Republic of South Africa it was held that the Court cannot
intervene in the legislative process before a particular legislation is deliberated in parliament
1.17. The Constitutional Court in Doctors for Life International v Speaker of the National Assembly
held that public involvement is one of the essential features of participatory democracy in the
Downloaded by Tinomuda Nhongo ()
, lOMoARcPSD|7394947
CSL2601- Tutorials Page 3 of 143
law-making process, which had long been established under the system of customary law
through mmbrzos or lekgotlas
1.18. In Premier of the Western Cape the Court held that if the organs of state are in dispute, they
should avoid litigating against each other.
1.19 The provincial legislatures have exclusive legislative authority in relation to matters which fall
under Schedule 4 of the Constitution
1.20. The local sphere of government exercises a delegated authority from both the provincial
and national spheres of government.
Question 2
1.1 Differentiate between direct and representative democracy.
(4)
Direct democracy means that all major political decisions are taken by the people themselves. This
form of democracy may work in a different, small political community where people can get
together on a regular basis (e.g. in a town hall) to discuss and decide important matters of common
interest. Representative democracy, on the other hand, is characterized by the fact that the citizens
of a state elect the representatives of their choice, and these representatives then express the will of
the people. Representative democracy is created via a process of elections which should be held at
regular intervals and reasonably frequently. Note that although direct democracy is suitable for a
small community, representative democracy is suitable for a modern state which covers a wide
geographic area.
1.2 List the features that are regarded as indispensable to a democratic government
(4)
A democracy is characterized by the following:
Free and regular elections
A multiparty system
Universal suffrage (i.e. all citizens above a certain age have the right to vote)
The protection of minorities
Mechanisms to ensure accountability to government.
1.3 The South African Constitution 1996 Is classified as one of the most supreme and inflexible
constitutions. With reference to this statement and relevant provisions of the Constitution,
discuss whether or not the South African Constitution can be amended, and if so, what is the
procedure?
(12)
Constitutions are often classified as flexible or inflexible, supreme or not supreme, written or
unwritten, and indigenous (autochthonous) or borrowed. The distinction between flexible and
inflexible constitutions relates to the difficulty of amending them. Flexible constitutions require no
special procedures or majorities for amendment and can be amended in the same manner as any
other legislation. Inflexible constitutions require special amendment procedures (e.g. a two-week
notice period) and special amendment majorities (e.g. a two-thirds majority) before they can be
Downloaded by Tinomuda Nhongo ()
