FUR2601/001/3/2021
Fundamental Rights
FUR2601
2021
FIRST COMPULSORY ASSIGNMENT: DUE DATE 7 MAY 2021
1. Your unique number is: 836686.
2. This number must appear on your mark-reading sheet cover.
Select the correct statement.
1. In the substantive stage of Bill of Rights litigation, the onus is first on the respondent, who must
show that he/she infringed the applicant’s rights. (2)
1) False, in the substantive stage, the onus is first on the applicant, who must show that an
infringement of a right has taken place.
2) True, in the substantive stage, the onus is first on the respondent, who must show that
he/she infringed the applicant’s rights. – Page 5
3) False, in the substantive stage the onus is on the respondent to indicate that the applicant’s
rights can be limited.
4) False, in the substantive stage, the onus is on the applicant, to show that the infringement
is not justifiable in terms of section 36 of the Constitution.
2. Section 8(4) of the Constitution provides that juristic persons are specifically excluded from the
protection of the rights in the Bill of Rights. (2)
1) True, section 8(4) of the Constitution excludes juristic persons from the protection of the
rights in the Bill of Rights because of the nature of these rights and the nature of juristic
persons.
2) False, section 8(4) of the Constitution provides that juristic persons are entitled to the rights
in the Bill of Rights dependant on the nature of the right and the nature of the juristic person. – Page
10
3) True, section 8(4) of the Constitution provides that only natural persons can lay claim to the
rights in the Bill of Rights.
4) False, section 8(4) of the Constitution provides that all juristic persons are entitled to all the
Fundamental Rights
FUR2601
2021
FIRST COMPULSORY ASSIGNMENT: DUE DATE 7 MAY 2021
1. Your unique number is: 836686.
2. This number must appear on your mark-reading sheet cover.
Select the correct statement.
1. In the substantive stage of Bill of Rights litigation, the onus is first on the respondent, who must
show that he/she infringed the applicant’s rights. (2)
1) False, in the substantive stage, the onus is first on the applicant, who must show that an
infringement of a right has taken place.
2) True, in the substantive stage, the onus is first on the respondent, who must show that
he/she infringed the applicant’s rights. – Page 5
3) False, in the substantive stage the onus is on the respondent to indicate that the applicant’s
rights can be limited.
4) False, in the substantive stage, the onus is on the applicant, to show that the infringement
is not justifiable in terms of section 36 of the Constitution.
2. Section 8(4) of the Constitution provides that juristic persons are specifically excluded from the
protection of the rights in the Bill of Rights. (2)
1) True, section 8(4) of the Constitution excludes juristic persons from the protection of the
rights in the Bill of Rights because of the nature of these rights and the nature of juristic
persons.
2) False, section 8(4) of the Constitution provides that juristic persons are entitled to the rights
in the Bill of Rights dependant on the nature of the right and the nature of the juristic person. – Page
10
3) True, section 8(4) of the Constitution provides that only natural persons can lay claim to the
rights in the Bill of Rights.
4) False, section 8(4) of the Constitution provides that all juristic persons are entitled to all the
