Assignment 2 Semester 2 2026
Unique number:
Due date: September 2026
DID THE CONSTITUTIONAL CULTURE OF JUSTIFICATION
ERADICATE THE CULTURE OF AUTHORITY?
by
[FULL NAMES AND SURNAME OF STUDENT]
[STUDENT NUMBER]
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
,DID THE CONSTITUTIONAL CULTURE OF JUSTIFICATION
ERADICATE THE CULTURE OF AUTHORITY?
by
[FULL NAMES AND SURNAME OF STUDENT]
[STUDENT NUMBER]
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
DUE DATE: ______________________________
, ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and am aware of Unisa’s policies
in this regard.
2. I declare that this assignment is my own, original work. Where I have used
someone else’s work, I have indicated this by using the prescribed style of
referencing. Every contribution to, and quotation in, this assignment from the
work or works of other people has been referenced according to the prescribed
style.
3. I have not allowed, and will not allow, anyone to copy my work with the intention
of passing it off as his or her own work.
4. I did not make use of another student’s work and submit it as my own.
5. I declare that I am aware of and accept the requirement that my work must be
submitted successfully through Turnitin for it to qualify to be marked. I accept that
a mark of 0% may be awarded if there is no Turnitin report for my submission.
FULL NAMES:
................................................................................................................
STUDENT NUMBER:
........................................................................................................
MODULE CODE: RRLLB81
DATE:
................................................................................................................................
TOPIC SELECTED: Did the Constitutional Culture of Justification Eradicate the
Culture of Authority?
MARK RECEIVED FOR ASSESSMENT 1: ..........%
MARK RECEIVED FOR ASSESSMENT 2: ..........%
, ABSTRACT
This research examines whether South Africa has moved from a culture in which
public power was accepted mainly because of official authority to a constitutional
culture in which government must justify its decisions to the people it serves. The
study focuses on the Batho Pele strategies of consultation, access to services,
information, openness and transparency, and redress. It considers these strategies
together with sections 33 and 195 of the Constitution and the Promotion of
Administrative Justice Act. The research finds that Batho Pele supports a culture of
justification because it encourages participation, reasons, accountability and service
delivery. These values can strengthen lawful, reasonable and procedurally fair
administration. The change is not complete, however. Weak implementation, poor
communication, resource limits and ineffective complaint systems can leave
authority based practices in place. Batho Pele therefore provides an important
constitutional bridge, but effective transformation depends on consistent
implementation, supervision and enforceable administrative justice.
KEYWORDS
Batho Pele; culture of justification; administrative justice; consultation; transparency;
redress