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Exam (elaborations)

Csl2601 Assignment 1 Solutions Year 2024 Sem2

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contains solutions for the current assignment. distinction assurance.

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Question 1

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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.


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False

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Question 2

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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.


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False

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Question 3

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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.

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Question 4

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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.


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The horizontal distribution of power in South Africa is exactly how multi-sphere governance
works in South Africa.


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