LPL4802 ASSIGNMENT 1 STUDY GUIDE 2025/2026 VERIFIED
QUESTIONS AND CORRECT DETAILED SOLUTIONS WITH
RATIONALES || 100% GUARANTEED PASS <LATEST VERSION>
LPL4802: FUNDAMENTAL RIGHTS - STUDY GUIDE
Theme 1: Introduction to Fundamental Rights
1. What is the primary source of fundamental rights in South Africa?
o The Constitution of the Republic of South Africa, 1996,
specifically the Bill of Rights contained in Chapter 2.
2. Which section of the Constitution states that the Bill of Rights is a
cornerstone of South Africa's democracy?
o Section 7(1).
3. What are the three elements of a fundamental right?
o The right-holder, the content of the right, and the duty-bearer.
4. What is the primary purpose of the limitations clause in the Bill of
Rights?
o To provide a framework for determining when and how a right in
the Bill of Rights may be justifiably limited.
5. Which section of the Constitution contains the limitations clause?
o Section 36.
6. What does "vertical application" of the Bill of Rights mean?
o It applies to relationships between the state and individuals or
juristic persons.
7. What does "horizontal application" of the Bill of Rights mean?
, o It applies to relationships between private individuals and/or
juristic persons.
8. Which section of the Constitution governs the horizontal application of
the Bill of Rights?
o Section 8(2).
9. What is the significance of the case of S v Makwanyane for fundamental
rights?
o It declared the death penalty unconstitutional, affirming the
primacy of the right to life and human dignity.
10.What is the role of the Constitutional Court in upholding fundamental
rights?
o It is the highest court for constitutional matters and has the final
authority to interpret the Constitution and protect fundamental rights.
Theme 2: The Right to Equality
11.Which section of the Constitution enshrines the right to equality?
o Section 9.
12.What is the difference between formal and substantive equality?
o Formal equality is treating everyone the same, while substantive
equality requires addressing historical disadvantages to achieve true
equality.
13.What does "unfair discrimination" mean in the context of section 9?
o It is discrimination on one or more listed or unlisted grounds that
is not justifiable in an open and democratic society based on human
dignity, equality, and freedom.
14.What are the listed grounds in the equality clause?
QUESTIONS AND CORRECT DETAILED SOLUTIONS WITH
RATIONALES || 100% GUARANTEED PASS <LATEST VERSION>
LPL4802: FUNDAMENTAL RIGHTS - STUDY GUIDE
Theme 1: Introduction to Fundamental Rights
1. What is the primary source of fundamental rights in South Africa?
o The Constitution of the Republic of South Africa, 1996,
specifically the Bill of Rights contained in Chapter 2.
2. Which section of the Constitution states that the Bill of Rights is a
cornerstone of South Africa's democracy?
o Section 7(1).
3. What are the three elements of a fundamental right?
o The right-holder, the content of the right, and the duty-bearer.
4. What is the primary purpose of the limitations clause in the Bill of
Rights?
o To provide a framework for determining when and how a right in
the Bill of Rights may be justifiably limited.
5. Which section of the Constitution contains the limitations clause?
o Section 36.
6. What does "vertical application" of the Bill of Rights mean?
o It applies to relationships between the state and individuals or
juristic persons.
7. What does "horizontal application" of the Bill of Rights mean?
, o It applies to relationships between private individuals and/or
juristic persons.
8. Which section of the Constitution governs the horizontal application of
the Bill of Rights?
o Section 8(2).
9. What is the significance of the case of S v Makwanyane for fundamental
rights?
o It declared the death penalty unconstitutional, affirming the
primacy of the right to life and human dignity.
10.What is the role of the Constitutional Court in upholding fundamental
rights?
o It is the highest court for constitutional matters and has the final
authority to interpret the Constitution and protect fundamental rights.
Theme 2: The Right to Equality
11.Which section of the Constitution enshrines the right to equality?
o Section 9.
12.What is the difference between formal and substantive equality?
o Formal equality is treating everyone the same, while substantive
equality requires addressing historical disadvantages to achieve true
equality.
13.What does "unfair discrimination" mean in the context of section 9?
o It is discrimination on one or more listed or unlisted grounds that
is not justifiable in an open and democratic society based on human
dignity, equality, and freedom.
14.What are the listed grounds in the equality clause?
