FUR2601 Assignment 2 Semester 2 2022

FUR2601 Assignment 2 Semester 2 2022. Is the City of Cape Town bound by the Bill of Rights? Give reasons for your answers The City of Cape Town is bound by the Bill of Rights because it is an organ of state in terms of section 239(b) (ii) (a functionary or institution exercising a public power or performing a public function in terms of legislation). The City of Cape Town is vested with power to promulgate bylaws and is an organ of state in terms of section 239 of the Constitution. Thus, the City of Cape Town is bound by the Bill of Rights in terms of section in 8(1) of the Bill of Rights. QUESTION 3 Mr Mulaudzi and other residents come to you for advice. They would like to bring a class action against the state based on the fact that the bylaw infringes on their constitutional rights. Discuss the most important feature of a class action and the requirements for bringing one before the court. Class action litigation has been defined as follows: A class action is a legal procedure which enables the claims (or parts of the claims) of a number of persons against the same defendant to be determined in the one suit. The most important feature of a class action is that members of the class, although not formally and individually joined, may benefit and are abound by the outcome of the litigation, unless they invoke prescribed procedures to opt out. Class actions require an applicant to identify and specify the class of litigants. See Ngxuza v Secretary, Department of Welfare, Eastern Cape Provincial Government case Class actions require an applicant to identify and specify the class of litigants. E.g. in Ngxuza v Permanent Secretary, Department of Welfare, Eastern Cape 2001 (2) SA 609 (E). the Eastern Cape administration ceased payment of “social grants”. The beneficiaries of such grants were not afforded the opportunity to state their case. Moreover, the prescribed requirements and procedures were not complied with. Froneman J had