, CSL2601 Assignment 2 – semester 1 (2024)
This assignment has 2 parts (Part A and Part B). All questions must be answered.
1 False. The case of Economic Freedom Fighters v Speaker of the National Assembly 2018
(2) SA 571 (CC) (EFF II) primarily addresses the principle of parliamentary privilege and the
powers of the National Assembly to discipline its members, particularly in the context of
disruptions during presidential addresses. It does not primarily concern the judiciary's
intrusion into the executive domain. Reference: Economic Freedom Fighters v Speaker of
the National Assembly and Others (CCT143/15) [2016] ZACC 11.
2 False. Former President Jacob Zuma's announcement against the rights of LGBTIQ+
people does not exemplify the principle of subsidiarity. Subsidiarity refers to decision-
making authority being held by the lowest competent authority rather than a higher
authority. Zuma's stance reflects a disagreement with human rights principles rather than a
matter of appropriate governance levels. Reference: Principle of Subsidiarity in EU Law -
https://eur-lex.europa.eu/summary/glossary/subsidiarity.html.
3 False. The case of United Democratic Movement and Others v Eskom Holdings SOC Ltd
and Others [2023] ZAGPPHC 280; 005779/2023 concerns the issue of load shedding and
whether Eskom was fulfilling its obligations adequately. It's an instance of judicial review
rather than judicial overreach. Reference: United Democratic Movement and Others v
Eskom Holdings SOC Ltd and Others [2023] ZAGPPHC 280.
4 False. The counter-majoritarian dilemma, which refers to the tension between judicial
review and democratic rule, is relevant to South African Constitutional Law, as it is in many
other constitutional democracies. It's a concept used to critique judicial decisions perceived
as going against the will of the majority. Reference: "The Counter-majoritarian Difficulty:
South Africa's Recurrent Question" by David Bilchitz, 2010.
5 False. The horizontal distribution of power in South Africa refers to the division of powers
between different branches of government (executive, legislative, and judicial), not multi-
sphere governance. Multi-sphere governance relates to the division of powers between
different levels of government (national, provincial, and local). Reference: "Multi-level
Government in South Africa" by Nico Steytler, 2008.
6 False. The formal removal of an official office-bearer for gross misconduct or gross
incompetence is not known as recusal. Recusal refers to a judge disqualifying themselves
from participating in a case due to a conflict of interest or other reasons that might
This assignment has 2 parts (Part A and Part B). All questions must be answered.
1 False. The case of Economic Freedom Fighters v Speaker of the National Assembly 2018
(2) SA 571 (CC) (EFF II) primarily addresses the principle of parliamentary privilege and the
powers of the National Assembly to discipline its members, particularly in the context of
disruptions during presidential addresses. It does not primarily concern the judiciary's
intrusion into the executive domain. Reference: Economic Freedom Fighters v Speaker of
the National Assembly and Others (CCT143/15) [2016] ZACC 11.
2 False. Former President Jacob Zuma's announcement against the rights of LGBTIQ+
people does not exemplify the principle of subsidiarity. Subsidiarity refers to decision-
making authority being held by the lowest competent authority rather than a higher
authority. Zuma's stance reflects a disagreement with human rights principles rather than a
matter of appropriate governance levels. Reference: Principle of Subsidiarity in EU Law -
https://eur-lex.europa.eu/summary/glossary/subsidiarity.html.
3 False. The case of United Democratic Movement and Others v Eskom Holdings SOC Ltd
and Others [2023] ZAGPPHC 280; 005779/2023 concerns the issue of load shedding and
whether Eskom was fulfilling its obligations adequately. It's an instance of judicial review
rather than judicial overreach. Reference: United Democratic Movement and Others v
Eskom Holdings SOC Ltd and Others [2023] ZAGPPHC 280.
4 False. The counter-majoritarian dilemma, which refers to the tension between judicial
review and democratic rule, is relevant to South African Constitutional Law, as it is in many
other constitutional democracies. It's a concept used to critique judicial decisions perceived
as going against the will of the majority. Reference: "The Counter-majoritarian Difficulty:
South Africa's Recurrent Question" by David Bilchitz, 2010.
5 False. The horizontal distribution of power in South Africa refers to the division of powers
between different branches of government (executive, legislative, and judicial), not multi-
sphere governance. Multi-sphere governance relates to the division of powers between
different levels of government (national, provincial, and local). Reference: "Multi-level
Government in South Africa" by Nico Steytler, 2008.
6 False. The formal removal of an official office-bearer for gross misconduct or gross
incompetence is not known as recusal. Recusal refers to a judge disqualifying themselves
from participating in a case due to a conflict of interest or other reasons that might
