CSL2601 Assignment 1 2025 Semester 1

CSL2601 Assignment 1 Full Solutions Semester 1 2025 - DUE March 2025 ;100 % TRUSTED workings, Expert Solved, Explanations and Solutions. For assistance call or W.h.a.t.s.a.p.p us on ...(.+.2.5.4.7.7.9.5.4.0.1.3.2)........... Question 1 At paragraph 218 of the judgment in Economic Freedom Fighters & Others v Speaker of the National Assembly & Others 2018 (3) BCLR 259 (CC); 2018 (2) SA 571 (CC), Jafta J states: "The divergence of views in this matter flows solely from different interpretations assigned to section 89 of the Constitution. This is not novel. It happens frequently in courts presided over by panels of Judges. But what is unprecedented is the suggestion that the construction of the section embraced by the majority here constitutes ‘a textbook case of judicial overreach.’" 2.1 Concept or Doctrine of Judicial Overreach Question: What concept or doctrine is being referred to in the context of “judicial overreach”? Discuss fully, with reference to appropriate case law to justify your answer. Provide your own opinion on whether the judgment in this case constitutes judicial overreach. (18 marks) 2.2 Critical Discussion of Section 89 of the Constitution Question: Critically discuss section 89 of the Constitution with reference to case law. The discussion must include: A comprehensive analysis of the rationale for section 89. The consequences of section 89. A discussion of how section 89 differs from section 102 of the Constitution. (18 marks) Question 2 On 24 May 2024, President Cyril Ramaphosa signed into law the National Prosecuting Authority Amendment Bill, aimed at establishing a corruption-busting unit called the Investigating Directorate Against Corruption (IDAC). This is hailed as part of the implementation plan on the Zondo Commission's recommendations, which unveiled the extent to which criminals influenced decision-making at the highest levels of the state. Taking this development a step further, a Bill is intended to be introduced to amend the Constitution to establish a new Chapter Nine Institution called the Anti-Corruption Commission. Corruption is rampant in the public sector. Government institutions, with access to vast amounts of money, create fertile environments for corrupt activities. Officials and their associates abuse power and connections to commit various economic crimes, including malfeasance during tender processes, public procurement, and other forms of financial misappropriation. Numerous government institutions and state-owned enterprises have been financially crippled by corruption. Against this backdrop, the following questions are posed: 2.1 Necessity of an Anti-Corruption Commission Question: In your opinion, is an Anti-Corruption Commission necessary, or would it amount to a needless duplication of other institutions with overlapping mandates? Substantiate your answer fully with reference to appropriate provisions of the Constitution and other relevant legislation. (6 marks) 2.2 Legal Impact of Recommendations by the Anti-Corruption Commission Question: If the Anti-Corruption Commission were established, what legal impact or effect would any recommendations emanating from the Commission have? Justify your answer with reference to appropriate authority. (4 marks) Question 3 Provide additional substantive content to the article by Mutondi Mulaudzi and Babatunde Fagbayibo titled "Lyrics as Law: Teaching the South African Constitution". Focus your discussion exclusively on: Chapters 1, 4, 5, and 8 of the South African Constitution. Illustrate the mechanisms that the Constitution provides to ensure: The legitimacy of government. The validity of the exercise of executive, legislative, and judicial power. Support your answer with relevant authority and appropriate music, and write in an academically sound and acceptable manner. (10 marks)