HFL ASSESSMENT 6
QUESTIONS AND ANSWERS
Due 24 MAY 2023
QUESTION 1
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.
• The 1910 Constitution of the Union of South Africa
• Constitution of the Republic of South Africa, 1996
1.2 Which nineteenth-century constitution of an independent republic in
South Africa was influenced by the American Constitution?
The Orange Free State Constitution of 1854
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?
Zuid-Afrikaansche Republiek (ZAR)
QUESTION 2
, 2.1 Indicate the correct way to cite in writing (reference) the following sources of
South African law:
2.1.1 The Interim Constitution
Constitution of the Republic of South Africa, Act 200 of 1993 (Interim Constitution)
2.1.2 The constitution currently in force
The Constitution of the Republic of South Africa, 1996
2.2 Name three Constitutional Court cases referred to in the HFL1501 Study Guide
in which the Court considered the supremacy of the Constitution.
• Doctors for Life International v Speaker of the National Assembly and others
• In this case, capital punishment (the death penalty) was abolished in South Africa,
• This case was one of the cases that empowered court with power to declare any
validity opr invalidity of any law that is inconsistent with constitution.
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:
QUESTIONS AND ANSWERS
Due 24 MAY 2023
QUESTION 1
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.
• The 1910 Constitution of the Union of South Africa
• Constitution of the Republic of South Africa, 1996
1.2 Which nineteenth-century constitution of an independent republic in
South Africa was influenced by the American Constitution?
The Orange Free State Constitution of 1854
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?
Zuid-Afrikaansche Republiek (ZAR)
QUESTION 2
, 2.1 Indicate the correct way to cite in writing (reference) the following sources of
South African law:
2.1.1 The Interim Constitution
Constitution of the Republic of South Africa, Act 200 of 1993 (Interim Constitution)
2.1.2 The constitution currently in force
The Constitution of the Republic of South Africa, 1996
2.2 Name three Constitutional Court cases referred to in the HFL1501 Study Guide
in which the Court considered the supremacy of the Constitution.
• Doctors for Life International v Speaker of the National Assembly and others
• In this case, capital punishment (the death penalty) was abolished in South Africa,
• This case was one of the cases that empowered court with power to declare any
validity opr invalidity of any law that is inconsistent with constitution.
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:
