HFL1501 Assignment 6 Semester 1 2023 () Answers, guidelines, workings and references. .................................................................... QUESTION 1 Answer the following questions regarding historic constitutions in South African legal history mentioned in the Study Guide: 1.1 Name two South African constitutions of which you have learned in this module that were promulgated during the twentieth century that entrenched only the formal testing powers of the courts. (2) 1.2 Which nineteenth-century constitution of an independent republic in South Africa was influenced by the American Constitution? (1) 1.3 The constitution of which independent nineteenth-century republic in South Africa made no provision for the protection of human rights or the limitation of government power? (1) [4] QUESTION 2 Answer the following questions: 2.1 Indicate the correct way to cite in writing (reference) the following sources of South African law: 2.1.1 The Interim Constitution (1) 2.1.2 The constitution currently in force (1) 2.2 Name three Constitutional Court cases referred to in the HFL1501 Study Guide in which the Court considered the supremacy of the Constitution. (3) [5] QUESTION 3 Answer the following questions regarding the relationship between the law of property and the Constitution: 3.1 Consider the case of Daniels v Scribante and Another [2017] ZACC 13, as well as sections 25 and 26 of the Constitution and answer the following questions: 3.1.1 List two fundamental rights applicable in cases related to the security of tenure. (2) 3.1.2 The Constitutional Court respected and protected Ms Daniels’ rights in this matter. Discuss the reasoning behind their judgment. Limit your answer to 200 words. (3) 3 3.2 Consider the purpose of section 26 of the Constitution. Do you think that South African courts have a duty to abolish the rei vindicatio? Provide reasons for your answer that are based in law and on your understanding of Parts 2 and 3 of the Study Guide. Limit your answer to 200 words. (3) [8] QUESTION 4 Read carefully and answer the following questions on ubuntu and South African law: 4.1 Identify two fundamental rights most closely associated with the principles of ubuntu. Also indicate why you think these rights relate to the philosophy of ubuntu. (3) 4.2 Write a brief note on how the Constitutional Court has relied on the principles of ubuntu when adjudicating delictual matters. Limit your answer to 250 words. (5) [8]
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