,# 2011 University of South Africa
All rights reserved
Printed and published by the
University of South Africa
Muckleneuk, Pretoria
CSL2601/1/2012-2016
98754971
LML-Law-style
,CONTENTS
Study unit Page
PREFACE iv
LEARNING STRATEGIES xi
1 SOURCES OF CONSTITUTIONAL LAW 1
2 BIRTH OF THE CONSTITUTION OF THE REPUBLIC OF
SOUTH AFRICA, 1996 10
3 CONCEPTS OF CONSTITUTIONAL LAW 19
4 CONCEPTS OF CONSTITUTIONAL LAW (continued) 40
5 THE SEPARATION OF POWERS, AND CHECKS AND
BALANCES 51
6 COOPERATIVE GOVERNMENT 72
7 NATIONAL LEGISLATIVE AUTHORITY 95
8 NATIONAL LEGISLATIVE PROCESS 129
9 THE EXECUTIVE AUTHORITY: NATIONAL SPHERE 156
10 JUDICIAL AUTHORITY 187
11 PROVINCIAL GOVERNMENT 219
12 LOCAL GOVERNMENT 255
iii
, PREFACE
1 WHAT IS CONSTITUTIONAL LAW ALL ABOUT?
Welcome to the module in Constitutional Law. Before you listen to all the
negative remarks from your peers about this module, let us reassure you
that passing this module is by no means impossible. All it requires is that
you approach your studies with a great degree of commitment and hard
work.
Constitutional Law is generally regarded with dread. Students regard this
module as difficult, boring and impossible to master. The first thing you
have to do is eliminate all this negativity and start believing that you can
pass this module. We assure you that we will provide you with the
necessary support and as much guidance as possible to make your studies
meaningful and enjoyable.
The second thing you need to do is to understand what constitutional law
is all about. In simple terms, constitutional law is about the ‘‘institutional
organisation of state power’’. In this module, we shall focus on the
following components:
. on ways in which state power is institutionally organised and
applied
. on the relationship between the different institutions that exercise
state power (ie the rules relating to the distribution and exercise of
state authority), on the interrelationship between state institutions
and other organisations, and on the limitations that are imposed on
the exercise of this power
In a nutshell, the main focus of this module is to introduce you to the basic
principles relating to the form of government that we have in place to look
after the day-to-day running of the country. This module is designed to
enable you to:
. DISCUSS where and in whom the power to govern is vested
. EXPLAIN the factors that influenced the system of government that
we have adopted
. CLASSIFY AND COMPARE the functions, rights and obligations of
the bearers of state power and the mechanisms that are in place to
ensure that the bearers of state power do not abuse the powers
. UNDERSTAND the limitations that exist in the exercise of
constitutional powers and the performance of key functions
iv
All rights reserved
Printed and published by the
University of South Africa
Muckleneuk, Pretoria
CSL2601/1/2012-2016
98754971
LML-Law-style
,CONTENTS
Study unit Page
PREFACE iv
LEARNING STRATEGIES xi
1 SOURCES OF CONSTITUTIONAL LAW 1
2 BIRTH OF THE CONSTITUTION OF THE REPUBLIC OF
SOUTH AFRICA, 1996 10
3 CONCEPTS OF CONSTITUTIONAL LAW 19
4 CONCEPTS OF CONSTITUTIONAL LAW (continued) 40
5 THE SEPARATION OF POWERS, AND CHECKS AND
BALANCES 51
6 COOPERATIVE GOVERNMENT 72
7 NATIONAL LEGISLATIVE AUTHORITY 95
8 NATIONAL LEGISLATIVE PROCESS 129
9 THE EXECUTIVE AUTHORITY: NATIONAL SPHERE 156
10 JUDICIAL AUTHORITY 187
11 PROVINCIAL GOVERNMENT 219
12 LOCAL GOVERNMENT 255
iii
, PREFACE
1 WHAT IS CONSTITUTIONAL LAW ALL ABOUT?
Welcome to the module in Constitutional Law. Before you listen to all the
negative remarks from your peers about this module, let us reassure you
that passing this module is by no means impossible. All it requires is that
you approach your studies with a great degree of commitment and hard
work.
Constitutional Law is generally regarded with dread. Students regard this
module as difficult, boring and impossible to master. The first thing you
have to do is eliminate all this negativity and start believing that you can
pass this module. We assure you that we will provide you with the
necessary support and as much guidance as possible to make your studies
meaningful and enjoyable.
The second thing you need to do is to understand what constitutional law
is all about. In simple terms, constitutional law is about the ‘‘institutional
organisation of state power’’. In this module, we shall focus on the
following components:
. on ways in which state power is institutionally organised and
applied
. on the relationship between the different institutions that exercise
state power (ie the rules relating to the distribution and exercise of
state authority), on the interrelationship between state institutions
and other organisations, and on the limitations that are imposed on
the exercise of this power
In a nutshell, the main focus of this module is to introduce you to the basic
principles relating to the form of government that we have in place to look
after the day-to-day running of the country. This module is designed to
enable you to:
. DISCUSS where and in whom the power to govern is vested
. EXPLAIN the factors that influenced the system of government that
we have adopted
. CLASSIFY AND COMPARE the functions, rights and obligations of
the bearers of state power and the mechanisms that are in place to
ensure that the bearers of state power do not abuse the powers
. UNDERSTAND the limitations that exist in the exercise of
constitutional powers and the performance of key functions
iv
