HFL1501 Assignment 6
PORTFOLIO (COMPLETE
ANSWERS) Semester 2 2024 -
DUE 23 October 2024
CONTACT:
, HFL1501 Assignment 6 PORTFOLIO (COMPLETE
ANSWERS) Semester 2 2024 - DUE 23 October 2024
QUESTION 1 1.1 Name one South African constitution of
which you have learned in this module that embraced an
approach of complete denial of the principle of
constitutionalism. (1) 1.2 Provide evidence from the
Constitution of the Republic of South Africa, 1996 that
supports the statement that the current South African
governmental structure is not based on parliamentary
supremacy. (4) [5]
1.1 The 1983 Constitution of South Africa: This constitution, which was part of the apartheid
regime, embraced an approach that denied the principle of constitutionalism. It entrenched
minority rule and racial segregation, severely limiting the rights and participation of the majority
of the population, particularly Black South Africans.
1.2 Evidence from the Constitution of the Republic of South Africa, 1996, supporting that
the current governmental structure is not based on parliamentary supremacy:
Section 1(c): The Constitution is the supreme law of the Republic, meaning that all laws
and actions by government must conform to it. This marks a shift from parliamentary
supremacy to constitutional supremacy.
Section 2: It explicitly states that the Constitution is the supreme law, and any law or
conduct inconsistent with it is invalid.
Chapter 8 (Section 165): Establishes the independence of the judiciary, which has the
authority to review and strike down laws or actions that are inconsistent with the
Constitution, reinforcing constitutional supremacy.
Section 44: Although Parliament has legislative power, this power is subject to the
Constitution, meaning it cannot pass laws that violate constitutional principles.
This indicates that the current governmental structure is based on constitutional supremacy, not
parliamentary supremacy.
QUESTION 2 2.1 Provide one valid example of each of the
following classifications of things: a) a consumable thing
(1) b) a single thing (1) c) res extra commercium (1) 2.2
Which form of delivery is applicable in the following
scenarios? a) André leases an office complex from
PORTFOLIO (COMPLETE
ANSWERS) Semester 2 2024 -
DUE 23 October 2024
CONTACT:
, HFL1501 Assignment 6 PORTFOLIO (COMPLETE
ANSWERS) Semester 2 2024 - DUE 23 October 2024
QUESTION 1 1.1 Name one South African constitution of
which you have learned in this module that embraced an
approach of complete denial of the principle of
constitutionalism. (1) 1.2 Provide evidence from the
Constitution of the Republic of South Africa, 1996 that
supports the statement that the current South African
governmental structure is not based on parliamentary
supremacy. (4) [5]
1.1 The 1983 Constitution of South Africa: This constitution, which was part of the apartheid
regime, embraced an approach that denied the principle of constitutionalism. It entrenched
minority rule and racial segregation, severely limiting the rights and participation of the majority
of the population, particularly Black South Africans.
1.2 Evidence from the Constitution of the Republic of South Africa, 1996, supporting that
the current governmental structure is not based on parliamentary supremacy:
Section 1(c): The Constitution is the supreme law of the Republic, meaning that all laws
and actions by government must conform to it. This marks a shift from parliamentary
supremacy to constitutional supremacy.
Section 2: It explicitly states that the Constitution is the supreme law, and any law or
conduct inconsistent with it is invalid.
Chapter 8 (Section 165): Establishes the independence of the judiciary, which has the
authority to review and strike down laws or actions that are inconsistent with the
Constitution, reinforcing constitutional supremacy.
Section 44: Although Parliament has legislative power, this power is subject to the
Constitution, meaning it cannot pass laws that violate constitutional principles.
This indicates that the current governmental structure is based on constitutional supremacy, not
parliamentary supremacy.
QUESTION 2 2.1 Provide one valid example of each of the
following classifications of things: a) a consumable thing
(1) b) a single thing (1) c) res extra commercium (1) 2.2
Which form of delivery is applicable in the following
scenarios? a) André leases an office complex from
