FUR2601 ASSIGNMENT 2
SEMESTER 2 - 2024
Question 1: What is the purpose of the Bill of Rights in a constitution?
Answer: The purpose of the Bill of Rights is to protect the fundamental rights and freedoms of
individuals from infringement by the state and other entities. It establishes a legal framework to
ensure that individuals are treated with dignity and fairness and provides mechanisms for
redress if these rights are violated. By enshrining these rights in the constitution, the Bill of
Rights serves to uphold democratic values, promote justice, and protect citizens from abuses of
power.
Question 2: Explain the right to equality as outlined in Section 9 of the Bill of Rights.
Answer: Section 9 of the Bill of Rights guarantees the right to equality and prohibits
discrimination. It asserts that every person is equal before the law and has the right to equal
protection and benefit of the law. This section aims to prevent unfair discrimination based on
race, gender, sex, pregnancy, marital status, ethnic or social origin, color, sexual orientation,
age, disability, religion, conscience, belief, culture, language, and birth. It seeks to promote a
society where all individuals have the same opportunities and are treated fairly and justly.
Question 3: How does the Bill of Rights address the right to freedom of expression?
Answer: The right to freedom of expression is covered under Section 16 of the Bill of Rights. It
includes the freedom to hold opinions, receive and impart information and ideas, and express
oneself through various mediums, including the press and other media. This right is crucial for
fostering a democratic society where diverse viewpoints can be openly discussed and debated.
However, this freedom is not absolute and may be limited in certain circumstances, such as
when the expression incites violence or hatred or infringes on the rights of others.
Question 4: What are the limitations on rights as provided in the Bill of Rights?
Answer: The Bill of Rights allows for limitations on rights in certain situations. According to
Section 36, rights can be limited if such limitations are reasonable and justifiable in an open and
, democratic society. The limitations must be prescribed by law and must meet criteria such as
being proportional, serving a legitimate purpose, and not unduly infringing on the core essence
of the right. This ensures that while rights are protected, they can be balanced against the
needs of society and the protection of other rights.
Question 5: Describe a case study where the right to privacy was upheld or contested.
Answer: In the case of National Commissioner of the South African Police Service v. Z*, the
Constitutional Court of South Africa dealt with the issue of privacy. The case involved the
unlawful interception of telecommunication by the police. The court ruled that the right to
privacy, as enshrined in Section 14 of the Bill of Rights, was violated. It emphasized that any
interference with privacy must be authorized by law and should be necessary and proportionate
to the aim pursued. This case highlights the importance of safeguarding personal privacy and
the need for legal oversight to prevent abuses.
Question 6: How does the Bill of Rights impact legislative and administrative actions?
Answer: The Bill of Rights has a significant impact on legislative and administrative actions. All
laws and administrative actions must comply with the Bill of Rights. This means that any
legislation or policy that infringes upon the rights protected by the Bill of Rights may be
challenged and declared unconstitutional. The judiciary has the power to review laws and
actions to ensure they are in line with constitutional rights, thereby ensuring that the rights and
freedoms guaranteed by the Bill of Rights are upheld and respected.
Question 7: What role do case studies play in understanding the application of the Bill of
Rights?
Answer: Case studies play a crucial role in understanding how the Bill of Rights is applied in
real-life scenarios. They provide concrete examples of how rights are interpreted and enforced
by the courts, illustrating the practical implications of legal principles. By examining specific
cases, students and legal professionals can gain insights into the judicial reasoning behind
decisions, understand the challenges in applying rights, and appreciate the balance between
individual rights and societal interests.
Question 8: What is the significance of the right to human dignity in the Bill of Rights?
Answer: The right to human dignity, enshrined in Section 10 of the Bill of Rights, is fundamental
to ensuring that every individual is treated with respect and honor. It affirms the intrinsic worth of
each person and provides a foundation for all other rights. This right protects against degrading
treatment and ensures that individuals are not subjected to conditions that undermine their
dignity. Its significance lies in promoting a culture of respect and equality, which is essential for
a just and humane society.
SEMESTER 2 - 2024
Question 1: What is the purpose of the Bill of Rights in a constitution?
Answer: The purpose of the Bill of Rights is to protect the fundamental rights and freedoms of
individuals from infringement by the state and other entities. It establishes a legal framework to
ensure that individuals are treated with dignity and fairness and provides mechanisms for
redress if these rights are violated. By enshrining these rights in the constitution, the Bill of
Rights serves to uphold democratic values, promote justice, and protect citizens from abuses of
power.
Question 2: Explain the right to equality as outlined in Section 9 of the Bill of Rights.
Answer: Section 9 of the Bill of Rights guarantees the right to equality and prohibits
discrimination. It asserts that every person is equal before the law and has the right to equal
protection and benefit of the law. This section aims to prevent unfair discrimination based on
race, gender, sex, pregnancy, marital status, ethnic or social origin, color, sexual orientation,
age, disability, religion, conscience, belief, culture, language, and birth. It seeks to promote a
society where all individuals have the same opportunities and are treated fairly and justly.
Question 3: How does the Bill of Rights address the right to freedom of expression?
Answer: The right to freedom of expression is covered under Section 16 of the Bill of Rights. It
includes the freedom to hold opinions, receive and impart information and ideas, and express
oneself through various mediums, including the press and other media. This right is crucial for
fostering a democratic society where diverse viewpoints can be openly discussed and debated.
However, this freedom is not absolute and may be limited in certain circumstances, such as
when the expression incites violence or hatred or infringes on the rights of others.
Question 4: What are the limitations on rights as provided in the Bill of Rights?
Answer: The Bill of Rights allows for limitations on rights in certain situations. According to
Section 36, rights can be limited if such limitations are reasonable and justifiable in an open and
, democratic society. The limitations must be prescribed by law and must meet criteria such as
being proportional, serving a legitimate purpose, and not unduly infringing on the core essence
of the right. This ensures that while rights are protected, they can be balanced against the
needs of society and the protection of other rights.
Question 5: Describe a case study where the right to privacy was upheld or contested.
Answer: In the case of National Commissioner of the South African Police Service v. Z*, the
Constitutional Court of South Africa dealt with the issue of privacy. The case involved the
unlawful interception of telecommunication by the police. The court ruled that the right to
privacy, as enshrined in Section 14 of the Bill of Rights, was violated. It emphasized that any
interference with privacy must be authorized by law and should be necessary and proportionate
to the aim pursued. This case highlights the importance of safeguarding personal privacy and
the need for legal oversight to prevent abuses.
Question 6: How does the Bill of Rights impact legislative and administrative actions?
Answer: The Bill of Rights has a significant impact on legislative and administrative actions. All
laws and administrative actions must comply with the Bill of Rights. This means that any
legislation or policy that infringes upon the rights protected by the Bill of Rights may be
challenged and declared unconstitutional. The judiciary has the power to review laws and
actions to ensure they are in line with constitutional rights, thereby ensuring that the rights and
freedoms guaranteed by the Bill of Rights are upheld and respected.
Question 7: What role do case studies play in understanding the application of the Bill of
Rights?
Answer: Case studies play a crucial role in understanding how the Bill of Rights is applied in
real-life scenarios. They provide concrete examples of how rights are interpreted and enforced
by the courts, illustrating the practical implications of legal principles. By examining specific
cases, students and legal professionals can gain insights into the judicial reasoning behind
decisions, understand the challenges in applying rights, and appreciate the balance between
individual rights and societal interests.
Question 8: What is the significance of the right to human dignity in the Bill of Rights?
Answer: The right to human dignity, enshrined in Section 10 of the Bill of Rights, is fundamental
to ensuring that every individual is treated with respect and honor. It affirms the intrinsic worth of
each person and provides a foundation for all other rights. This right protects against degrading
treatment and ensures that individuals are not subjected to conditions that undermine their
dignity. Its significance lies in promoting a culture of respect and equality, which is essential for
a just and humane society.
