CSL2601
EXAM
PACK
2025
, lOMoARcPSD|58918787
MODULE NAME: CSL2601 EXAMINATION ANSWER
DATE: 20 MAY 2025
1
, lOMoARcPSD|58918787
QUESTION 1
TRUE OR FALSE STATEMENTS
Statement: A person by the name of Dubious Dubula is a Constitutional Law student.
He has stated on a WhatsApp group that devolution of power and delegation of power
are one and the same concept.
The above statement is False.
Explanation: Firstly, the Devolution and delegation of power are not one and the sam
thing. Below are the stated differences as to why they are different
• Devolution refers to the permanent and constitutionally entrenched transfer of
authority from a central government to lower levels of government, such as
provinces or municipalities. These powers are protected and cannot be taken
back unilaterally by the central authority.
• Delegation, on the other hand, is a temporary and revocable transfer of
authority. It occurs when a higher level of government assigns certain
responsibilities or functions to a lower level but retains the right to withdraw them
In our South African constitutional framework, powers assigned to the different spheres
of government by the Constitution are examples of devolution, while temporary
assignments made through legislation or executive decision are examples of
delegation. Which, therefore, it means Dubious Dubula’s statement is incorrect as it
conflates two distinct concepts.
1.2 Statement: The High Court has the requisite constitutional jurisdiction to decide on
the constitutionality of amendments to the Constitution, such as the proposed
amendment in the form of the Bill Amending the Constitution to introduce an Anti-
Corruption Commission.
Which is False.
Explanation:
According to section 167(4)(d) of the Constitution of the Republic of South Africa,
1996, only the Constitutional Court has jurisdiction to determine the constitutionality
of any amendment to the Constitution. Of which the High Court does not have this
2
, lOMoARcPSD|58918787
power and cannot rule on the validity of constitutional amendments. Therefore, any
challenge to the constitutionality of an amendment must be brought directly before the
Constitutional Court.
1.3 Statement: Every exclusive, concurrent and assigned competence of the legislativ
branch within the three spheres of government is contained in Chapters 3, 4, 6 and 7 o
the Constitution only.
False.
Explanation: Although Chapters 3, 4, 6, and 7 of the Constitution set out the structure
and framework of government and legislative authority, they do not contain a complete
list of legislative competencies. The actual distribution of legislative competencies
among the national, provincial, and local spheres of government is primarily found in th
Schedules to the Constitution, specifically:
• Schedule 4: Areas of concurrent national and provincial legislative
competence.
• Schedule 5: Areas of exclusive provincial legislative competence.
Assigned powers, especially to local governments, can also arise through national or
provincial legislation. Thus, the legislative competencies are not limited to the named
chapters alone.
1.4 Statement: In terms of the Constitution of the Republic of South Africa, 1996, the
President has the right to veto any legislation that he disagrees with.
Statement is False.
Explanation:
The President does not have a general right to veto legislation merely because of
disagreement with its content because under section 79 of the Constitution, if the
President has reservations about the constitutionality of a Bill passed by Parliament, he
may refer it back to the National Assembly for reconsideration. If the Bill is passed agai
without amendment, the President is obliged to refer it to the Constitutional Court to
determine its constitutionality.
3
EXAM
PACK
2025
, lOMoARcPSD|58918787
MODULE NAME: CSL2601 EXAMINATION ANSWER
DATE: 20 MAY 2025
1
, lOMoARcPSD|58918787
QUESTION 1
TRUE OR FALSE STATEMENTS
Statement: A person by the name of Dubious Dubula is a Constitutional Law student.
He has stated on a WhatsApp group that devolution of power and delegation of power
are one and the same concept.
The above statement is False.
Explanation: Firstly, the Devolution and delegation of power are not one and the sam
thing. Below are the stated differences as to why they are different
• Devolution refers to the permanent and constitutionally entrenched transfer of
authority from a central government to lower levels of government, such as
provinces or municipalities. These powers are protected and cannot be taken
back unilaterally by the central authority.
• Delegation, on the other hand, is a temporary and revocable transfer of
authority. It occurs when a higher level of government assigns certain
responsibilities or functions to a lower level but retains the right to withdraw them
In our South African constitutional framework, powers assigned to the different spheres
of government by the Constitution are examples of devolution, while temporary
assignments made through legislation or executive decision are examples of
delegation. Which, therefore, it means Dubious Dubula’s statement is incorrect as it
conflates two distinct concepts.
1.2 Statement: The High Court has the requisite constitutional jurisdiction to decide on
the constitutionality of amendments to the Constitution, such as the proposed
amendment in the form of the Bill Amending the Constitution to introduce an Anti-
Corruption Commission.
Which is False.
Explanation:
According to section 167(4)(d) of the Constitution of the Republic of South Africa,
1996, only the Constitutional Court has jurisdiction to determine the constitutionality
of any amendment to the Constitution. Of which the High Court does not have this
2
, lOMoARcPSD|58918787
power and cannot rule on the validity of constitutional amendments. Therefore, any
challenge to the constitutionality of an amendment must be brought directly before the
Constitutional Court.
1.3 Statement: Every exclusive, concurrent and assigned competence of the legislativ
branch within the three spheres of government is contained in Chapters 3, 4, 6 and 7 o
the Constitution only.
False.
Explanation: Although Chapters 3, 4, 6, and 7 of the Constitution set out the structure
and framework of government and legislative authority, they do not contain a complete
list of legislative competencies. The actual distribution of legislative competencies
among the national, provincial, and local spheres of government is primarily found in th
Schedules to the Constitution, specifically:
• Schedule 4: Areas of concurrent national and provincial legislative
competence.
• Schedule 5: Areas of exclusive provincial legislative competence.
Assigned powers, especially to local governments, can also arise through national or
provincial legislation. Thus, the legislative competencies are not limited to the named
chapters alone.
1.4 Statement: In terms of the Constitution of the Republic of South Africa, 1996, the
President has the right to veto any legislation that he disagrees with.
Statement is False.
Explanation:
The President does not have a general right to veto legislation merely because of
disagreement with its content because under section 79 of the Constitution, if the
President has reservations about the constitutionality of a Bill passed by Parliament, he
may refer it back to the National Assembly for reconsideration. If the Bill is passed agai
without amendment, the President is obliged to refer it to the Constitutional Court to
determine its constitutionality.
3
