Kayleigh May
Student no 68021321
CSL2601 – September Examination
Date: 06 September 2021
, Section A
1. False. Chapter 3 of the Constitution provides that any organ of state must first
make a reasonable effort to use the appropriate mechanisms to resolve
intergovernmental disputes before turning to the courts.
2. False. The National Assembly can remove the President from office by invoking
section 89(1) of the Constitution1, which provides that the President can be
removed if it obtains a resolution with a supporting vote of at least two thirds
majority if they find that the specified grounds for removal of the President exist, or
section 102(2) can be invoked, which provides that the President can be removed
from office if a vote of no confidence by the majority of the members of the National
Assembly has passed.
3. True. Section 146(2) provides the following:
(2) National legislation that applies uniformly with regard to the country as a whole
prevails over provincial legislation if any of the following conditions is met:
(a) The national legislation deals with a matter that cannot be regulated effectively
by legislation enacted by the respective provinces individually.
(b) The national legislation deals with a matter that, to be dealt with effectively,
requires uniformity across the nation, and the national legislation provides that
uniformity by establishing:
(i) norms and standards;
(ii) frameworks; or
(iii) national policies.
(c) The national legislation is necessary for –
(i) the maintenance of national security;
(ii) the maintenance of economic unity;
(iii) the protection of the common market in respect of mobility of goods, services,
capital and labour;
(iv) the promotion of economic activities across provincial boundaries;
(v) the promotion of equal opportunity or equal access to government services; or
1
Constitution of the Republic of South Africa 1996
Student no 68021321
CSL2601 – September Examination
Date: 06 September 2021
, Section A
1. False. Chapter 3 of the Constitution provides that any organ of state must first
make a reasonable effort to use the appropriate mechanisms to resolve
intergovernmental disputes before turning to the courts.
2. False. The National Assembly can remove the President from office by invoking
section 89(1) of the Constitution1, which provides that the President can be
removed if it obtains a resolution with a supporting vote of at least two thirds
majority if they find that the specified grounds for removal of the President exist, or
section 102(2) can be invoked, which provides that the President can be removed
from office if a vote of no confidence by the majority of the members of the National
Assembly has passed.
3. True. Section 146(2) provides the following:
(2) National legislation that applies uniformly with regard to the country as a whole
prevails over provincial legislation if any of the following conditions is met:
(a) The national legislation deals with a matter that cannot be regulated effectively
by legislation enacted by the respective provinces individually.
(b) The national legislation deals with a matter that, to be dealt with effectively,
requires uniformity across the nation, and the national legislation provides that
uniformity by establishing:
(i) norms and standards;
(ii) frameworks; or
(iii) national policies.
(c) The national legislation is necessary for –
(i) the maintenance of national security;
(ii) the maintenance of economic unity;
(iii) the protection of the common market in respect of mobility of goods, services,
capital and labour;
(iv) the promotion of economic activities across provincial boundaries;
(v) the promotion of equal opportunity or equal access to government services; or
1
Constitution of the Republic of South Africa 1996
