HFL1501 FINAL ASSIGNMENT 25 OCTOBER 2023

QUESTION 1 1.1 In your own words, distinguish between the three ways in which the courts may exercise their testing capacity. (3) 1.2 Name the case discussed in the Study Guide that illustrated how the formal testing capacity of the courts was not sufficient to protect the basic underlying principles of an open and free democracy. (1) 1.3 During the 1950s, the Constitution of the Union of South Africa of 1910 applied. Indicate which approach to the principle of constitutionalism was embraced by that Constitution. (1) [5] QUESTION 2 In your own words, explain the relationship between transformative constitutionalism and the fundamental right to dignity. (4) [4] QUESTION 3 Describe, in your own words, how ubuntu has been expressed and applied in the Constitutional Court cases decided on the law of obligations, as discussed in Parts 2 and 3 of the HFL1501 Study Guide. Base your answer on your understanding of all aspects of the law of obligations discussed in the Study Guide. (5) [5] QUESTION 4 Read the media summary of the Supreme Court of Appeal (SCA) case of Fujitsu Services Core (Pty) Limited v Schenker South Africa (Pty) Limited (CCT 32/22) [2023] ZACC 201 that is included at the end of this assessment in Annexure A, and answer the questions below. These questions test your understanding of the contents of the HFL1501 Study Guide. It is not necessary to read the entire judgment, neither are you required to do any additional research on this case. Read only the media summary below and answer the questions based on your understanding of what you have learnt in this module this semester: 4.1 Identify whether the following statement is true or false, by only writing down “True” or “False” as your answer: 1 Hereinafter referred to as “the Fujitsu case”.