CSL2601
EXAM PACK
, lOMoARcPSD|21997160
CSL 2601 Exams October 2024
QUESTION 1.
1.1 The statement is false, according to De Vos Pierre 2021 textbook on South African
Constitutional law in context under section 2.5.4 under the topic of representative
democracy, and section 2.5.5 under the topic of participatory democracy, the
people who resign are the political representatives of the lost political parties or
which are part of the legislature and the executive not the whole public
administration. This is inline with section 19 of the Constitution of South Africa
which talks about political rights, and chapter 4 of the Constitution of South Africa
which have provisions of parliament and also part A and B of Schedule 3 of the
Constitution of South Africa which states election procedures.
1.2 The statement is true; this is in line with the provision of chapter 1 section 1(c) of
the Constitution of South Africa which state that “the republic of South Africa is
founded on the supremacy of the constitution”. This has been correlated by De Vos
Pierre 2021 textbook on South African Constitutional law in context under section
2.4.3 under the topic of “the rule of law under the 1996 constitution”. As long as the
law has been enacted meeting necessary procedures, approved by the parliament
and published in line with the constitution of South Africa, which is the highest law
of the land, such laws should be obeyed.
1.3 The statement is true, section 41 of Chapter 3 of the Constitution of South Africa
states that all spheres of the government where there is an interest or a need they
should work together to ensure fair, efficient and adequate service delivery. They
should also work together to ensure the implementation of the Constitution of South
Africa starting form National, Provincial ad Loca government. This is correlated by
section 8.1.4 of chapter 8 of De Vos Pierre 2021 textbook on South African
Constitutional law, which state that, The National government should pass approve
laws and ensure their implementation and should supervisor or oversee and
support the implementation of laws and regulations in the provincial and local
government. And the provincial government should draft bioregional plans, policies
and oversee and support the local government to ensure service delivery. The local
government should establish bylaws in line with the constitution, implement them
and provide service delivery to the people. This is also in line with the provisions
of Schedule 4- and 5-part A and B of the Constitution of South Africa.
1.4 The statement saying “The National Assembly must then embark on the task
of considering and passing legislation; appointing commissions of inquiry; and
, lOMoARcPSD|21997160
holding the executive accountable” is incorrect. According to chapter 5.2.1 and
5.2.2 of De Vos Pierre 2021 textbook on South African Constitutional law topic
under election of presidents, ministers and the rest of the cabinet; On the first sitting
after the election, the national assembly appoints the president as the head of the
executive. Then the president elects the executive which is the deputy president,
the ministers and the deputy ministers, even though the deputy ministers are not
part of the national assemble. This is inline with the provision of chapter 5 of the
Constitution of South Africa.
1.5
a). The action taken by the respective branch of government was valid. Because
according to the SA constitution section 59 and 72 all laws, legislations, policies
formed should first be subjected to procedural requirements which includes public
participation as on of the major processes. this is a requirement as part of participatory
democracy where the national assemble and the National council of provinces are
required to include public involvement in formation of laws and policies (De Vos Pierre
2021 textbook 4.3.4 under topic “Public involvement in legislative and other
processes”. Therefore, section 59(1) and 72(2) were violated on the signing of the
Fees on Higher Education Act by the president. A similar case where public
involvement was not facilitated is the case of Doctors for Life International v Speaker
of the National Assembly and Others. Where the parliament enacted four health
statutes, including the choice on termination of pregnancies. And were found to have
violated section 72(1)(a) and 118(1)(a) of the SA Constitution.
b) The action taken by the respective branch of government was valid because the
president is the head of the executive and the executive is responsible for the daily
administration of the Country. The judiciary as an independent branch do report to the
heard of the executive through reports, this is inline with chapter 4, 5 and 8 of the
constitution.
c) The action taken by the respective branch of government was valid because there
has been a noticeable issue regarding the delay of textbooks delivery. This was
mentioned on the S.A news as the issue facing the department of education. The
action was valid because one of the duties of the legislature is to hold the executive
accountable (De Vos Pierre 2021 textbook 2.3.3.3 chapter 2, under topic legislature).
The action is also in line with the provisions of chapter 4 of the constitution. The
department of education has not been efficient in providing adequate service deliver.
Therefore, this action was needed.
d) The action taken by the respective branch of government was not valid because the
legislature had less than 2 thirds of the votes which does not meet the procedural
requirements for changing of laws and the constitution. According to Chapter 4, section
74, for the amendment of bills, laws and the constitution the legislature need to have
, lOMoARcPSD|21997160
75% of supporting votes and support from 6 provinces of the national council of
provinces for amendment of the constitution.
Question 2
Before drafting, the law can be presented by the legislature or the MP in the Unisa
Parliament. They can first be presented as an idea with facts relating to artificial
intelligence. Then if the parliament buys the idea, the idea can be shared to the
Students of UNISA through surveys and social media platform to check the responses.
After the responses the law on the use of artificial intelligence can be drafted and
presented to the Parliament for commenting, during the process of commenting, the
parliament can facilitate public consultations which is in line with section 59 and 72 of
the Constitution, which regulates the public involvement in formation of laws.
The importance of public access in formulation of laws was also noted in Doctors for
Life case, Where the parliament enacted four health statutes, including the choice on
termination of pregnancies. And were found to have violated section 72(1)(a) and
118(1)(a) of the SA Constitution. On the case it was further stated that “The public
participation in formation of laws provides vitality to the functioning of representative”.
This is correlated by section 4.3.2 of chapter 4 of De Vos Pierre 2021 textbook which
talks about transparency and openness in formulation of laws. After the public
participation and comment period the comments get consolidated and again get
presented to the parliament which also share them as a final draft to the public for
continuous public participation which comes back to the parliament with incorporation
of all the comments. The drafted laws also get subjected to the commenting or
validation of the judiciary as they validate all the laws against the constitution. On this
case the drafted law on artificial intelligence would be validated against the
Constitution of SA, The laws on higher education and policies, and the UNISA laws
and policies. This would ensure that the drafted law complies with all the procedural
requirements for formulation of laws and is inline with the democracy.
Question 3
South Africa is a democratic state which is divided into 3 branches i.e. the Executive,
the legislature, and the judiciary. Each branch is given an opportunity to fulfil certain
tasks and each branch checks exercise of power of the other branch to make sure that
a single branch is not more powerful to control the system completely. This is
correlated by section 2.3.3. of chapter 2 of De Vos Pierre 2021 textbook. The
separation of powers is important because it provides a vital system of checks and
balancing. The important of separation of powers has been noted on the De Lange v
Smuts NO & others 1998 (3) SA 785 (CC) case.
EXAM PACK
, lOMoARcPSD|21997160
CSL 2601 Exams October 2024
QUESTION 1.
1.1 The statement is false, according to De Vos Pierre 2021 textbook on South African
Constitutional law in context under section 2.5.4 under the topic of representative
democracy, and section 2.5.5 under the topic of participatory democracy, the
people who resign are the political representatives of the lost political parties or
which are part of the legislature and the executive not the whole public
administration. This is inline with section 19 of the Constitution of South Africa
which talks about political rights, and chapter 4 of the Constitution of South Africa
which have provisions of parliament and also part A and B of Schedule 3 of the
Constitution of South Africa which states election procedures.
1.2 The statement is true; this is in line with the provision of chapter 1 section 1(c) of
the Constitution of South Africa which state that “the republic of South Africa is
founded on the supremacy of the constitution”. This has been correlated by De Vos
Pierre 2021 textbook on South African Constitutional law in context under section
2.4.3 under the topic of “the rule of law under the 1996 constitution”. As long as the
law has been enacted meeting necessary procedures, approved by the parliament
and published in line with the constitution of South Africa, which is the highest law
of the land, such laws should be obeyed.
1.3 The statement is true, section 41 of Chapter 3 of the Constitution of South Africa
states that all spheres of the government where there is an interest or a need they
should work together to ensure fair, efficient and adequate service delivery. They
should also work together to ensure the implementation of the Constitution of South
Africa starting form National, Provincial ad Loca government. This is correlated by
section 8.1.4 of chapter 8 of De Vos Pierre 2021 textbook on South African
Constitutional law, which state that, The National government should pass approve
laws and ensure their implementation and should supervisor or oversee and
support the implementation of laws and regulations in the provincial and local
government. And the provincial government should draft bioregional plans, policies
and oversee and support the local government to ensure service delivery. The local
government should establish bylaws in line with the constitution, implement them
and provide service delivery to the people. This is also in line with the provisions
of Schedule 4- and 5-part A and B of the Constitution of South Africa.
1.4 The statement saying “The National Assembly must then embark on the task
of considering and passing legislation; appointing commissions of inquiry; and
, lOMoARcPSD|21997160
holding the executive accountable” is incorrect. According to chapter 5.2.1 and
5.2.2 of De Vos Pierre 2021 textbook on South African Constitutional law topic
under election of presidents, ministers and the rest of the cabinet; On the first sitting
after the election, the national assembly appoints the president as the head of the
executive. Then the president elects the executive which is the deputy president,
the ministers and the deputy ministers, even though the deputy ministers are not
part of the national assemble. This is inline with the provision of chapter 5 of the
Constitution of South Africa.
1.5
a). The action taken by the respective branch of government was valid. Because
according to the SA constitution section 59 and 72 all laws, legislations, policies
formed should first be subjected to procedural requirements which includes public
participation as on of the major processes. this is a requirement as part of participatory
democracy where the national assemble and the National council of provinces are
required to include public involvement in formation of laws and policies (De Vos Pierre
2021 textbook 4.3.4 under topic “Public involvement in legislative and other
processes”. Therefore, section 59(1) and 72(2) were violated on the signing of the
Fees on Higher Education Act by the president. A similar case where public
involvement was not facilitated is the case of Doctors for Life International v Speaker
of the National Assembly and Others. Where the parliament enacted four health
statutes, including the choice on termination of pregnancies. And were found to have
violated section 72(1)(a) and 118(1)(a) of the SA Constitution.
b) The action taken by the respective branch of government was valid because the
president is the head of the executive and the executive is responsible for the daily
administration of the Country. The judiciary as an independent branch do report to the
heard of the executive through reports, this is inline with chapter 4, 5 and 8 of the
constitution.
c) The action taken by the respective branch of government was valid because there
has been a noticeable issue regarding the delay of textbooks delivery. This was
mentioned on the S.A news as the issue facing the department of education. The
action was valid because one of the duties of the legislature is to hold the executive
accountable (De Vos Pierre 2021 textbook 2.3.3.3 chapter 2, under topic legislature).
The action is also in line with the provisions of chapter 4 of the constitution. The
department of education has not been efficient in providing adequate service deliver.
Therefore, this action was needed.
d) The action taken by the respective branch of government was not valid because the
legislature had less than 2 thirds of the votes which does not meet the procedural
requirements for changing of laws and the constitution. According to Chapter 4, section
74, for the amendment of bills, laws and the constitution the legislature need to have
, lOMoARcPSD|21997160
75% of supporting votes and support from 6 provinces of the national council of
provinces for amendment of the constitution.
Question 2
Before drafting, the law can be presented by the legislature or the MP in the Unisa
Parliament. They can first be presented as an idea with facts relating to artificial
intelligence. Then if the parliament buys the idea, the idea can be shared to the
Students of UNISA through surveys and social media platform to check the responses.
After the responses the law on the use of artificial intelligence can be drafted and
presented to the Parliament for commenting, during the process of commenting, the
parliament can facilitate public consultations which is in line with section 59 and 72 of
the Constitution, which regulates the public involvement in formation of laws.
The importance of public access in formulation of laws was also noted in Doctors for
Life case, Where the parliament enacted four health statutes, including the choice on
termination of pregnancies. And were found to have violated section 72(1)(a) and
118(1)(a) of the SA Constitution. On the case it was further stated that “The public
participation in formation of laws provides vitality to the functioning of representative”.
This is correlated by section 4.3.2 of chapter 4 of De Vos Pierre 2021 textbook which
talks about transparency and openness in formulation of laws. After the public
participation and comment period the comments get consolidated and again get
presented to the parliament which also share them as a final draft to the public for
continuous public participation which comes back to the parliament with incorporation
of all the comments. The drafted laws also get subjected to the commenting or
validation of the judiciary as they validate all the laws against the constitution. On this
case the drafted law on artificial intelligence would be validated against the
Constitution of SA, The laws on higher education and policies, and the UNISA laws
and policies. This would ensure that the drafted law complies with all the procedural
requirements for formulation of laws and is inline with the democracy.
Question 3
South Africa is a democratic state which is divided into 3 branches i.e. the Executive,
the legislature, and the judiciary. Each branch is given an opportunity to fulfil certain
tasks and each branch checks exercise of power of the other branch to make sure that
a single branch is not more powerful to control the system completely. This is
correlated by section 2.3.3. of chapter 2 of De Vos Pierre 2021 textbook. The
separation of powers is important because it provides a vital system of checks and
balancing. The important of separation of powers has been noted on the De Lange v
Smuts NO & others 1998 (3) SA 785 (CC) case.
