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FUR2601 Assignment 1 (COMPLETE ANSWERS) Semester 2 2026 - DUE September 202

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FUR2601 Assignment 1 (COMPLETE ANSWERS) Semester 2 2026 - DUE September 2026; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.8.1..2.7.8..3.3.7.2... Ensure your success with us. Identify and briefly explain the specific type of the remedy illustrated in each of the five orders below. For each order, explain what the remedy achieves and why it is applied in constitutional litigation. (a) The court declares Regulation 14, unconstitutional and invalid. However, the declaration of invalidity is suspended for a period of 12 months to enable Parliament to enact legislation. During this period, the Minister must grant temporary exemptions to affected individuals. (b) Section 7(3) of the Act is declared unconstitutional to the extent that it excludes surviving partners of permanent lifelong partnerships. The words 'or surviving partner of a permanent lifelong partnership in which the partners have undertaken reciprocal duties of support' are hereby inserted immediately after the word 'spouse'. (c) The decision to terminate the housing subsidy scheme is declared unconstitutional. The provincial department is ordered to submit a revised housing delivery plan under oath to this Court within 90 days, detailing how it will fulfil its obligations, and to file bi-monthly progress reports thereafter. (d) The decision to revoke the applicant's trade license is declared invalid and set aside. The municipality is ordered to pay the applicant compensatory damages in the amount of R150,000 for direct financial losses caused by the unlawful closure of her business. (e) Section 12(1)(a) of the Act is declared unconstitutional and invalid. The words 'without a warrant' in the impugned provision are struck out, while the remainder of Section 12(1) remains intact and in force.The Minister of Correctional Services issues a new national prison security regulations under the Correctional Services Act 111 of 1998. Regulation 8(2) provides: "To prevent the smuggling of banned items and ensure internal security, all prisoners are strictly prohibited from receiving or possessing printed literature, books, or physical publications from outside sources, save for official educational course material provided directly by registered public institutions." Dumisani, a sentenced prisoner and devout Rastafari, requests permission from the Head of Prison of the Johannesburg Prison to receive a copy of the Holy Piby (a sacred Rastafarian text) and a monthly cultural history magazine sent by his family. Citing Regulation 8(2), the Head of Prison denies the request and confiscates the texts upon delivery. Dumisani, supported by a civil society organization, approaches the High Court challenging the constitutionality of Regulation 8(2). Draft a legal opinion evaluating: (a) Whether there are any rights infringed; and (b) If there are any rights that have been infringed, whether the infringement can reasonably be justified.


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Iain Currie, Johan De Waal The Bill of Rights Handbook
Publisher: 2013 ISBN: 9781485101178 Edition: Unknown

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