CSL2601 Assignment 2
Semester 1 2024 - DUE
April 2024
QUESTIONS WITH
ANSWERS
[DATE]
[COMPANY NAME]
[Company address]
, PART A
Justify and explain with references why the statement is true or right
1. The most significant aspect of the case of Economic Freedom Fighters v
Speaker of the National Assembly 2018 (2) SA 571 (CC) (EFF II) is that the
judiciary has too much political power and intrudes into the executive domain.
2. As a member of the uMkhonto we Sizwe party, former President Jacob Zuma
has announced his intention to campaign against the right of LGBTIQ+
people to a family life. His opinion is that the ‘legislation supporting same-sex
marriage lacks support from the majority of SA’. This scenario is an example of
the principle of subsidiarity.
3. When carefully analysed, the recent case of United Democratic Movement and
Others v Eskom Holdings SOC Ltd and Others [2023] ZAGPPHC 280;
005779/2023 (5 May 2023) – the “loadshedding” case – is an instance of judicial
over-reach.
4. The counter-majoritarian dilemma has no relevance to South African
Constitutional Law. It is simply a convenient excuse that politicians invoke when
the judiciary is counter-revolutionary.
5. The horizontal distribution of power in South Africa is exactly how multi-sphere
governance works in South Africa.
6. The formal removal of an official office-bearer for gross misconduct or gross
incompetence is known as recusal.
7. According to the case of de Lille and Another v Speaker of the National
Assembly 1998 (3) SA 785 (CC), parliamentary privilege is the right to freedom of
speech of members of parliament and the protection not to be held liable to civil or
criminal proceedings, arrest, imprisonment or damages for saying or revealing
anything in Parliament.
8. The responsibility placed on the legislature to include the views of interested
parties by permitting submissions being made and considering these views in good
faith is known as public participation.
9. “Confirmation” is the pre-requisite process in order for a national or provincial
constitution to become law.
Semester 1 2024 - DUE
April 2024
QUESTIONS WITH
ANSWERS
[DATE]
[COMPANY NAME]
[Company address]
, PART A
Justify and explain with references why the statement is true or right
1. The most significant aspect of the case of Economic Freedom Fighters v
Speaker of the National Assembly 2018 (2) SA 571 (CC) (EFF II) is that the
judiciary has too much political power and intrudes into the executive domain.
2. As a member of the uMkhonto we Sizwe party, former President Jacob Zuma
has announced his intention to campaign against the right of LGBTIQ+
people to a family life. His opinion is that the ‘legislation supporting same-sex
marriage lacks support from the majority of SA’. This scenario is an example of
the principle of subsidiarity.
3. When carefully analysed, the recent case of United Democratic Movement and
Others v Eskom Holdings SOC Ltd and Others [2023] ZAGPPHC 280;
005779/2023 (5 May 2023) – the “loadshedding” case – is an instance of judicial
over-reach.
4. The counter-majoritarian dilemma has no relevance to South African
Constitutional Law. It is simply a convenient excuse that politicians invoke when
the judiciary is counter-revolutionary.
5. The horizontal distribution of power in South Africa is exactly how multi-sphere
governance works in South Africa.
6. The formal removal of an official office-bearer for gross misconduct or gross
incompetence is known as recusal.
7. According to the case of de Lille and Another v Speaker of the National
Assembly 1998 (3) SA 785 (CC), parliamentary privilege is the right to freedom of
speech of members of parliament and the protection not to be held liable to civil or
criminal proceedings, arrest, imprisonment or damages for saying or revealing
anything in Parliament.
8. The responsibility placed on the legislature to include the views of interested
parties by permitting submissions being made and considering these views in good
faith is known as public participation.
9. “Confirmation” is the pre-requisite process in order for a national or provincial
constitution to become law.
