2022
IRM1501
Introduction to Research for Law and Criminal
Justice
ASSIGNMENT QUESTION & ANSWERS
SEMESTER 2:2022
ASSIGNMENT TWO
UNIQUE NUMBER: 814487
DUE DATE: 16 September 2022 at 17h00
Opening date for the portal - 2 September 2022 at
08h00
CHRISTINA SHAAKUMENI
,ASSIGNMENT TWO
Find and summarise the case of Amabhungane Centre for Investigative
Journalism NPC v President of the Republic of South Africa CCT385/21
(31 May 2022) in a prescribed format. Your summary must highlight the
facts of the case, the legal question, the reasons for coming to the
conclusion and the findings of the case.
[20 Marks]
, In the case to Assignment 2 judgment has not been handed down. The answer
to Assignment 2 is compiled from transcripts that are available from the video
on YouTube.
CASE SUMMARY
AZS Centre for Investigative Journalism NPC v President of the Republic of South
Africa CCT385/21 (31 May 2022)
Facts of the case
This judgment follows this Court's1 decision in proceedings arising out of the
declaration of invalidity granted by the full bench of the Pretoria High Court 2
regarding the Executive Ethics Code3 and concerning the question of whether there
is sufficient duty of disclosure in respect of donations made to internal party
campaigns. It appears common cause and it seems with respect undoubtedly correct
that the declaration4 of the High Court5 is subject to confirmation by this court
because although regulations are not normally subject to confirmation, the conduct
of the President is. Because of the unfortunate way in which the full bench 6 dealt with
the matter first time round this court was presented with a bifurcated case a debate
about the interpretation on the one hand that's in the Public Protector case and a
debate about the constitutionality in the Amabhungane case and this court
understandably said we're not going to be first and final instance on that second
question.
1
Amabhungane Centre for Investigative Journalism NPC v President of the Republic of South Africa
CCT385/21 (31 May 2022).
2
AmaBhungane Centre for Investigative Journalism NPC v President of the Republic of South Africa
(55578/19) [2021] ZAGPPHC 813; [2022] 1 All SA 706 (GP) (2 December 2021).
3
Executive Ethics Code, 2000.
4
Section 167(5) of the Constitution of South Africa, 1996.
5
AmaBhungane case.
6
Public Protector and Others v President of the Republic of South Africa and Others 2021 (6) SA
27 (CC).
IRM1501
Introduction to Research for Law and Criminal
Justice
ASSIGNMENT QUESTION & ANSWERS
SEMESTER 2:2022
ASSIGNMENT TWO
UNIQUE NUMBER: 814487
DUE DATE: 16 September 2022 at 17h00
Opening date for the portal - 2 September 2022 at
08h00
CHRISTINA SHAAKUMENI
,ASSIGNMENT TWO
Find and summarise the case of Amabhungane Centre for Investigative
Journalism NPC v President of the Republic of South Africa CCT385/21
(31 May 2022) in a prescribed format. Your summary must highlight the
facts of the case, the legal question, the reasons for coming to the
conclusion and the findings of the case.
[20 Marks]
, In the case to Assignment 2 judgment has not been handed down. The answer
to Assignment 2 is compiled from transcripts that are available from the video
on YouTube.
CASE SUMMARY
AZS Centre for Investigative Journalism NPC v President of the Republic of South
Africa CCT385/21 (31 May 2022)
Facts of the case
This judgment follows this Court's1 decision in proceedings arising out of the
declaration of invalidity granted by the full bench of the Pretoria High Court 2
regarding the Executive Ethics Code3 and concerning the question of whether there
is sufficient duty of disclosure in respect of donations made to internal party
campaigns. It appears common cause and it seems with respect undoubtedly correct
that the declaration4 of the High Court5 is subject to confirmation by this court
because although regulations are not normally subject to confirmation, the conduct
of the President is. Because of the unfortunate way in which the full bench 6 dealt with
the matter first time round this court was presented with a bifurcated case a debate
about the interpretation on the one hand that's in the Public Protector case and a
debate about the constitutionality in the Amabhungane case and this court
understandably said we're not going to be first and final instance on that second
question.
1
Amabhungane Centre for Investigative Journalism NPC v President of the Republic of South Africa
CCT385/21 (31 May 2022).
2
AmaBhungane Centre for Investigative Journalism NPC v President of the Republic of South Africa
(55578/19) [2021] ZAGPPHC 813; [2022] 1 All SA 706 (GP) (2 December 2021).
3
Executive Ethics Code, 2000.
4
Section 167(5) of the Constitution of South Africa, 1996.
5
AmaBhungane case.
6
Public Protector and Others v President of the Republic of South Africa and Others 2021 (6) SA
27 (CC).
