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HFL1501 Assignment 6 PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 23 October 2024

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HFL1501 Assignment 6
PORTFOLIO (COMPLETE
ANSWERS) Semester 2 2024 -
DUE 23 October 2024
100% GUARANTEEED

, HFL1501 Assignment 6 PORTFOLIO (COMPLETE
ANSWERS) Semester 2 2024 - DUE 23 October 2024
QUESTION 1 1.1 Name one South African constitution of
which you have learned in this module that embraced an
approach of complete denial of the principle of
constitutionalism. (1) 1.2 Provide evidence from the
Constitution of the Republic of South Africa, 1996 that
supports the statement that the current South African
governmental structure is not based on parliamentary
supremacy. (4) [5]
1.1 One South African constitution that embraced an approach of complete
denial of the principle of constitutionalism:

 The 1961 Republic of South Africa Constitution (or the apartheid-era constitutions),
which entrenched parliamentary supremacy and excluded many South Africans from the
political process based on racial segregation and discrimination.

1.2 Evidence from the Constitution of the Republic of South Africa, 1996
supporting the statement that the current South African governmental structure
is not based on parliamentary supremacy:

 Section 1(c) of the Constitution declares that the Republic of South Africa is founded on
the supremacy of the Constitution and the rule of law.
 Section 2 states that the Constitution is the supreme law of the Republic; law or conduct
inconsistent with it is invalid, and the obligations imposed by it must be fulfilled.
 Section 165 establishes the independence of the judiciary, confirming that courts have
the authority to decide on the constitutionality of legislative and executive actions.
 Section 44(4) confirms that Parliament is bound by the Constitution and must act within
its provisions, thus negating the concept of parliamentary supremacy.

These sections highlight the shift from parliamentary supremacy under the apartheid regime to
constitutional supremacy under the 1996 Constitution.



QUESTION 2 2.1 Provide one valid example of each of the
following classifications of things: a) a consumable thing
(1) b) a single thing (1) c) res extra commercium (1) 2.2
Which form of delivery is applicable in the following

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