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FUR2601
FUNDAMENTAL RIGHTS
UNISA
2021
ASSIGNMENT NUMBER 1
UNIQUE NUMBER: 836686
DUE DATE:7 MAY 2021
, 1. In the substantive stage of Bill of Rights litigation, the onus is first on the
respondent, who must show that he/she infringed the applicant’s rights. (2)
1) False, in the substantive stage, the onus is first on the applicant, who must show
that an infringement of a right has taken place.
2) True, in the substantive stage, the onus is first on the respondent, who must
show that he/she infringed the applicant’s rights.
3) False, in the substantive stage the onus is on the respondent to indicate that the
applicant’s rights can be limited.
4) False, in the substantive stage, the onus is on the applicant, to show that the
infringement is not justifiable in terms of section 36 of the Constitution.
2. Section 8(4) of the Constitution provides that juristic persons are specifically
excluded from the protection of the rights in the Bill of Rights. (2)
1) True, section 8(4) of the Constitution excludes juristic persons from the
protection of the rights in the Bill of Rights because of the nature of these rights
and the nature of juristic persons.
2) False, section 8(4) of the Constitution provides that juristic persons are entitled
to the rights in the Bill of Rights dependant on the nature of the right and the nature
of the juristic person.
3) True, section 8(4) of the Constitution provides that only natural persons can lay
claim to the rights in the Bill of Rights.
4) False, section 8(4) of the Constitution provides that all juristic persons are
entitled to all the rights in the Bill of Rights.
Marking of the assignment 1. Each answer carries 2 marks. 2. No mark will be
awarded for an incorrect answer. 3. No mark will be awarded for an unanswered
question.