CSL2601 EXAMPACK -
SEMESTER 1 - 2023 -
UNISA (LATEST) -
ALL-IN-ONE - INCLUDES :-
ASSIGNMENT MEMOS,
NOTES, SUMMARIES, PAST
QUESTIONS AND
ANSWERS.
Privileges of members of parliament and how these are regulated - Constitutional
sections and case law (10) - ANS> Privileges of members of parliament that enables
them to perform their functions without hindrance.
> Privileges are stipulated in S57 (1) of the constitution.
> S57(1) Punish persons for contempt and determine its own procedures
> S57(2) Freedom of members to say anything without fear of being held liable in
court
> S57(3) Parliamentary privileges under 1996 Constitution
> Regulated by Powers and Privileges of parliament and provincial legislation act
> NA competent do determine and control its own internal arrangements,
proceedings and procedures and making rules concerning its business
> Members freedom of speech as long as they adhere to internal rules - exempt from
civil & criminal liability
> Parliament competent to summon persons to give evidence
> Parliament entitled to enforce own internal disciplinary measures
, Case law for previous question - Speaker of NA v De lille - ANSMs de lille stated
she had info on 12 members of parliament who were spies for the apartheid
government. When challenged she mentioned 8 names who were no longer
members of the NA. Asked to withdraw her remark - unparliamentary - she did. Ad
hoc committee of NA asked that she apologize and be suspended for 15 working
days. The NA adopted this recommendation. She challenged its constitutionality in
HC. HC held that under the supreme constitution parliamentary privileges were
subject to judicial review. SCA upheld HC decision because S58(2) of the
constitution guarantees freedom of speech in the NA. NA no constitutional authority
to suspend her. Rules amended now - 20 working days suspension.
Discuss with specific reference to case law, what you understand by delegation of
legislative authority and discuss whether or not parliament may delegate its functions
to the executive (10) - ANSIn Executive council of the WC v President of the Rep of
SA the case involved S16 (a) of the local government transition act which gave the
president the power to amend the act by proclamation. President used these powers
to transfer certain powers from provincial to national government. The Executive
council challenged the constitutionality of S16 (a) and the proclamation issued in
terms of it.
Can parliament assign its law-making functions to the executive and if under what
circumstances? - ANS> Legislative authority vested in parliament under S37 of
interim constitution.
> Parliament cannot be expected to deal with all matters
> No provision preventing parliament from delegating subordinate regulatory
authority to other bodies and the power to do so is necessary for effective
law-making
Court decided in the above mentioned case that parliament delegating the power to
amend its laws to the president - inconsistent with doctrine separation of powers and
constitution
Not allowed under new constitutional dispensation, Parliament cannot delegate its
law-making power to executive (president)
Constitution & case law - What is counter-majoritarian? - ANS> The relationship
between supreme constitution & Courts testing powers - All law and conduct must
comply with it - if not declared invalid - S172 obliges courts to declare law invalid.
Testing powers of court reinforces supremecy of the constitution.
> the counter-majoritarian is where 11 judges have declared a law invalid, but the
law they declared invalid was a law passed by 400 parliamentarians.
SEMESTER 1 - 2023 -
UNISA (LATEST) -
ALL-IN-ONE - INCLUDES :-
ASSIGNMENT MEMOS,
NOTES, SUMMARIES, PAST
QUESTIONS AND
ANSWERS.
Privileges of members of parliament and how these are regulated - Constitutional
sections and case law (10) - ANS> Privileges of members of parliament that enables
them to perform their functions without hindrance.
> Privileges are stipulated in S57 (1) of the constitution.
> S57(1) Punish persons for contempt and determine its own procedures
> S57(2) Freedom of members to say anything without fear of being held liable in
court
> S57(3) Parliamentary privileges under 1996 Constitution
> Regulated by Powers and Privileges of parliament and provincial legislation act
> NA competent do determine and control its own internal arrangements,
proceedings and procedures and making rules concerning its business
> Members freedom of speech as long as they adhere to internal rules - exempt from
civil & criminal liability
> Parliament competent to summon persons to give evidence
> Parliament entitled to enforce own internal disciplinary measures
, Case law for previous question - Speaker of NA v De lille - ANSMs de lille stated
she had info on 12 members of parliament who were spies for the apartheid
government. When challenged she mentioned 8 names who were no longer
members of the NA. Asked to withdraw her remark - unparliamentary - she did. Ad
hoc committee of NA asked that she apologize and be suspended for 15 working
days. The NA adopted this recommendation. She challenged its constitutionality in
HC. HC held that under the supreme constitution parliamentary privileges were
subject to judicial review. SCA upheld HC decision because S58(2) of the
constitution guarantees freedom of speech in the NA. NA no constitutional authority
to suspend her. Rules amended now - 20 working days suspension.
Discuss with specific reference to case law, what you understand by delegation of
legislative authority and discuss whether or not parliament may delegate its functions
to the executive (10) - ANSIn Executive council of the WC v President of the Rep of
SA the case involved S16 (a) of the local government transition act which gave the
president the power to amend the act by proclamation. President used these powers
to transfer certain powers from provincial to national government. The Executive
council challenged the constitutionality of S16 (a) and the proclamation issued in
terms of it.
Can parliament assign its law-making functions to the executive and if under what
circumstances? - ANS> Legislative authority vested in parliament under S37 of
interim constitution.
> Parliament cannot be expected to deal with all matters
> No provision preventing parliament from delegating subordinate regulatory
authority to other bodies and the power to do so is necessary for effective
law-making
Court decided in the above mentioned case that parliament delegating the power to
amend its laws to the president - inconsistent with doctrine separation of powers and
constitution
Not allowed under new constitutional dispensation, Parliament cannot delegate its
law-making power to executive (president)
Constitution & case law - What is counter-majoritarian? - ANS> The relationship
between supreme constitution & Courts testing powers - All law and conduct must
comply with it - if not declared invalid - S172 obliges courts to declare law invalid.
Testing powers of court reinforces supremecy of the constitution.
> the counter-majoritarian is where 11 judges have declared a law invalid, but the
law they declared invalid was a law passed by 400 parliamentarians.
