FUR2601
EXAM
PACK
2025
, lOMoARcPSD|19139637
ASSESSMENT 2
FUR2601
FUNDAMENTAL RIGHTS
40 Marks
Due: 24 April 2025
First Examiner: Mr MM Ndou
Second Examiner: Dr. P Mudau
INSTRUCTIONS THE ASSESSMENT ON MYMODULES PLEASE READ THE
FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE QUESTIONS.
THIS PAPER CONSISTS OF THREE (3) PAGES.
1. The assessment counts 40 marks, consisting of three (3) questions.
2. The assessment is due on, starting on 24 April 2025.
3. This is an open-book assessment. You may consult your prescribed study material
during the assessment.
4. Submit answers in PDF.
5. Your written answers must not exceed 3 typed pages.
6. Ensure that the following requirements are adhered to:
6.1 The text must be typed in Arial font, size 12.
6.2 1.5 line spacing; with justified text.
7. South African English and not American English should be used.
8. All quotes two lines long (or less) must form part of the main text and be bracketed by
“quotation marks”. Where a quotation is longer than two lines, it must be typed in a
separate paragraph in size 11 font, single line spacing and indented by 1 cm. No
quotation marks are required when the quotations stand alone. Use quotations sparingly.
A maximum of 5% of the text may be quoted.
9. When answering the questions, remember that an open-book is a test at a higher level
than the usual type of assessment, where memory is tested as
much as insight. In an open-book assessment, you need not memorise any information.
You are expected to prove that you can use information rather than merely repeat it. In
brief, what is being tested is factual knowledge, understanding and the correct
application thereof, not memory skills.
PLEASE DO NOT CUT AND PASTE ANSWERS FROM THE E-RESERVES (OR ANY
OTHER SOURCE OR PRESCRIBED MATERIAL).
9. The arguments that you make must be logical, well-structured and substantiated by all the
relevant legal principles (in the form of footnotes, following the OSCOLA style). Use the
time given wisely.
, lOMoARcPSD|19139637
10. Students suspected of dishonest conduct during the assessment will be subjected to
disciplinary processes. The use of Telegram, WhatsApp or any other instant
messaging services with any other person is strictly prohibited. Plagiarism is a
violation of academic integrity and students who plagiarise, copy from published
works or use Artificial Intelligence Software (eg ChatGPT) or online sources will
be in violation of the Policy on Academic Integrity and the Student Disciplinary
Code and may be referred to a disciplinary hearing. UNISA has zero tolerance for
plagiarism and/or any other forms of academic dishonesty.
QUESTION 1 [12
There is a crisis in the provision of social grants due to an invalid tender. The matter goes to court, and
the court gives its order. Examine the following four items in the court order. Name each remedy used,
and briefly explain why the Court chose to use each of them. (In other words, briefly explain the
necessity/benefit of each remedy.)
1.1 The Contract for the payment of social grants between the South African Social Security Agency
(SASSA) and Cash Paymaster Services (Pty) Ltd (Cash Paymaster) dated 3 February 2012 is
declared invalid. (3)
1.2 This declaration is suspended for twelve months, to allow SASSA to complete a new tender process
as per item (1.3) below. (3)
1.3 SASSA must initiate a new tender process for the payment of social grants within 30 days of this
order. (2)
1.4 The Minister and SASSA must return and file reports with this Court every three months,
commencing on the date of this order, setting out the progress of their plan to pay social grants after
the expiry of the 12-month period. (4)
QUESTION 2 [13
With refence to relevant case law, describe what is meant by the phrase in section 26 and 27 of the Bill of
Rights that “the state must take reasonable, legislative and other measures, within its available resources,
to achieve progressive realisation of this rights”.
QUESTION 3 [15
Two non-governmental organisations (NGOs) decide to start their own bursary funds. The first, “MEN Aid
NGO” aims to provide bursaries only to Agriculture students who are classified as “male”. The second,
“WOMEN Aid NGO” aims to provide bursaries only to Agriculture students who are classified as “female”.
Agriculture is 80% male dominated industry. Both NGOs claim that their bursary schemes amount to
redress measures, and thus cannot be unfair discrimination.
, lOMoARcPSD|19139637
Discuss and compare the legal validity of the two bursary schemes, referring to relevant legal provisions
and case law. ONLY discuss whether these schemes are valid redress measures. In your answer, also
BRIEFLY explain what challenge can be raised against a bursary scheme if it does NOT amount to a valid
redress measure.
[TOTAL: 40]
©
UNISA
2025
EXAM
PACK
2025
, lOMoARcPSD|19139637
ASSESSMENT 2
FUR2601
FUNDAMENTAL RIGHTS
40 Marks
Due: 24 April 2025
First Examiner: Mr MM Ndou
Second Examiner: Dr. P Mudau
INSTRUCTIONS THE ASSESSMENT ON MYMODULES PLEASE READ THE
FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE QUESTIONS.
THIS PAPER CONSISTS OF THREE (3) PAGES.
1. The assessment counts 40 marks, consisting of three (3) questions.
2. The assessment is due on, starting on 24 April 2025.
3. This is an open-book assessment. You may consult your prescribed study material
during the assessment.
4. Submit answers in PDF.
5. Your written answers must not exceed 3 typed pages.
6. Ensure that the following requirements are adhered to:
6.1 The text must be typed in Arial font, size 12.
6.2 1.5 line spacing; with justified text.
7. South African English and not American English should be used.
8. All quotes two lines long (or less) must form part of the main text and be bracketed by
“quotation marks”. Where a quotation is longer than two lines, it must be typed in a
separate paragraph in size 11 font, single line spacing and indented by 1 cm. No
quotation marks are required when the quotations stand alone. Use quotations sparingly.
A maximum of 5% of the text may be quoted.
9. When answering the questions, remember that an open-book is a test at a higher level
than the usual type of assessment, where memory is tested as
much as insight. In an open-book assessment, you need not memorise any information.
You are expected to prove that you can use information rather than merely repeat it. In
brief, what is being tested is factual knowledge, understanding and the correct
application thereof, not memory skills.
PLEASE DO NOT CUT AND PASTE ANSWERS FROM THE E-RESERVES (OR ANY
OTHER SOURCE OR PRESCRIBED MATERIAL).
9. The arguments that you make must be logical, well-structured and substantiated by all the
relevant legal principles (in the form of footnotes, following the OSCOLA style). Use the
time given wisely.
, lOMoARcPSD|19139637
10. Students suspected of dishonest conduct during the assessment will be subjected to
disciplinary processes. The use of Telegram, WhatsApp or any other instant
messaging services with any other person is strictly prohibited. Plagiarism is a
violation of academic integrity and students who plagiarise, copy from published
works or use Artificial Intelligence Software (eg ChatGPT) or online sources will
be in violation of the Policy on Academic Integrity and the Student Disciplinary
Code and may be referred to a disciplinary hearing. UNISA has zero tolerance for
plagiarism and/or any other forms of academic dishonesty.
QUESTION 1 [12
There is a crisis in the provision of social grants due to an invalid tender. The matter goes to court, and
the court gives its order. Examine the following four items in the court order. Name each remedy used,
and briefly explain why the Court chose to use each of them. (In other words, briefly explain the
necessity/benefit of each remedy.)
1.1 The Contract for the payment of social grants between the South African Social Security Agency
(SASSA) and Cash Paymaster Services (Pty) Ltd (Cash Paymaster) dated 3 February 2012 is
declared invalid. (3)
1.2 This declaration is suspended for twelve months, to allow SASSA to complete a new tender process
as per item (1.3) below. (3)
1.3 SASSA must initiate a new tender process for the payment of social grants within 30 days of this
order. (2)
1.4 The Minister and SASSA must return and file reports with this Court every three months,
commencing on the date of this order, setting out the progress of their plan to pay social grants after
the expiry of the 12-month period. (4)
QUESTION 2 [13
With refence to relevant case law, describe what is meant by the phrase in section 26 and 27 of the Bill of
Rights that “the state must take reasonable, legislative and other measures, within its available resources,
to achieve progressive realisation of this rights”.
QUESTION 3 [15
Two non-governmental organisations (NGOs) decide to start their own bursary funds. The first, “MEN Aid
NGO” aims to provide bursaries only to Agriculture students who are classified as “male”. The second,
“WOMEN Aid NGO” aims to provide bursaries only to Agriculture students who are classified as “female”.
Agriculture is 80% male dominated industry. Both NGOs claim that their bursary schemes amount to
redress measures, and thus cannot be unfair discrimination.
, lOMoARcPSD|19139637
Discuss and compare the legal validity of the two bursary schemes, referring to relevant legal provisions
and case law. ONLY discuss whether these schemes are valid redress measures. In your answer, also
BRIEFLY explain what challenge can be raised against a bursary scheme if it does NOT amount to a valid
redress measure.
[TOTAL: 40]
©
UNISA
2025
