FUR2601
EXAM PACK
FOR ASSISTANCE WITH THIS MODULE +27 81 278 3372
,FUR2601 OCTOBER NOVEMBER 2025 EXAM MEMO
1. In section 36, the word law in law of general application refers to
A. UNISA disciplinary code
B. Customary law
C. All of the provided answers
D. The code of conduct at Pretoria Girls High
Law includes legislation, common law and customary law, and it also includes rules
like codes where they are binding and generally applicable.
2. Parliament passes an Act stating no public servant may be a member of a secret
society. Can a non public servant member, on behalf of all members prejudiced by the
Act, challenge it?
A. Yes, in terms of section 38(c)
B. Yes, in terms of section 38(c) or section 38(b)
C. Yes, in terms of section 38(e)
D. Yes, in terms of section 38(b)
Section 38(e) allows anyone acting in the public interest to approach a court, even if
they are not personally subject to the law.
3. The remedies stage is
A. When the court determines the appropriate constitutional remedy after determining
that a right has been infringed
B. When the court determines the appropriate remedy after it finds that a
violation is not a justifiable limitation
C. When the court decides on the appropriate sentence for a respondent
D. When the court decides on a remedy regardless of infringement
Remedies come after the court finds an infringement and rejects justification under
section 36.
,4. Can the Western Cape provincial government invoke the right to equality?
A. None of the answers provided
B. This is unlikely because it is an organ of state and its nature precludes the
right to equality
C. Yes, because of the nature of the right
D. Yes, organs of state are not excluded from any rights
Organs of state are mainly duty bearers under the Bill of Rights, and many rights do
not fit their nature as claimants.
5. Which is NOT a factor relevant to awarding constitutional remedies?
A. Consequences for victims should be taken into account
B. The identity of the violator is irrelevant
C. Separation of powers requires some judicial deference
D. Relief should also benefit similarly situated people
Who violated the right can matter because remedies may differ for state actors versus
private actors and for systemic versus isolated violations.
6. Should a South African court consider an Indian case when interpreting the Bill of
Rights?
A. The court may consider the case in terms of section 39(1)(c)
B. The court must consider it in terms of section 39(2)
C. The court must consider it in terms of section 39(1)(c)
D. The court must consider it in terms of section 39(1)(a)
Foreign law may be considered under section 39(1)(c), but it is not mandatory.
7. Compliance with mandatory orders is usually enforced by
A. Default judgment
B. A contempt of court order
C. All of the answers above
, D. A declaration of invalidity
If an order compels conduct and a party disobeys, contempt proceedings are the usual
enforcement mechanism.
8. The court approach to severance consists of two parts. Which option describes them
correctly?
A. All of the answers provided
B. It must be possible to sever the bad from the good and the remainder must
still give effect to the purpose of the law
C. Courts must strike down chunks and leave the rest intact
D. Courts must remove bad parts without editing the law
Severance requires workable separation and a constitutionally coherent remainder
that still advances legislative purpose.
9. Which does NOT apply to contextual interpretation?
A. A broad understanding includes public opinion as necessary for determining
context
B. It must be used with caution because it can be used to cut out rights
C. Context can be misused to limit rights instead of interpreting them
D. A broad understanding includes systemic interpretation
Public opinion can be relevant in limited ways, but it is not a necessary component of
context in interpretation.
10. Which is part of stage 1 of the equality enquiry?
A. Determining whether the law or conduct differentiates between people or
categories of people
B. Determining whether discrimination is unfair
C. Determining whether the violation is justified under section 36
D. Determining whether differentiation is based on a specific ground
EXAM PACK
FOR ASSISTANCE WITH THIS MODULE +27 81 278 3372
,FUR2601 OCTOBER NOVEMBER 2025 EXAM MEMO
1. In section 36, the word law in law of general application refers to
A. UNISA disciplinary code
B. Customary law
C. All of the provided answers
D. The code of conduct at Pretoria Girls High
Law includes legislation, common law and customary law, and it also includes rules
like codes where they are binding and generally applicable.
2. Parliament passes an Act stating no public servant may be a member of a secret
society. Can a non public servant member, on behalf of all members prejudiced by the
Act, challenge it?
A. Yes, in terms of section 38(c)
B. Yes, in terms of section 38(c) or section 38(b)
C. Yes, in terms of section 38(e)
D. Yes, in terms of section 38(b)
Section 38(e) allows anyone acting in the public interest to approach a court, even if
they are not personally subject to the law.
3. The remedies stage is
A. When the court determines the appropriate constitutional remedy after determining
that a right has been infringed
B. When the court determines the appropriate remedy after it finds that a
violation is not a justifiable limitation
C. When the court decides on the appropriate sentence for a respondent
D. When the court decides on a remedy regardless of infringement
Remedies come after the court finds an infringement and rejects justification under
section 36.
,4. Can the Western Cape provincial government invoke the right to equality?
A. None of the answers provided
B. This is unlikely because it is an organ of state and its nature precludes the
right to equality
C. Yes, because of the nature of the right
D. Yes, organs of state are not excluded from any rights
Organs of state are mainly duty bearers under the Bill of Rights, and many rights do
not fit their nature as claimants.
5. Which is NOT a factor relevant to awarding constitutional remedies?
A. Consequences for victims should be taken into account
B. The identity of the violator is irrelevant
C. Separation of powers requires some judicial deference
D. Relief should also benefit similarly situated people
Who violated the right can matter because remedies may differ for state actors versus
private actors and for systemic versus isolated violations.
6. Should a South African court consider an Indian case when interpreting the Bill of
Rights?
A. The court may consider the case in terms of section 39(1)(c)
B. The court must consider it in terms of section 39(2)
C. The court must consider it in terms of section 39(1)(c)
D. The court must consider it in terms of section 39(1)(a)
Foreign law may be considered under section 39(1)(c), but it is not mandatory.
7. Compliance with mandatory orders is usually enforced by
A. Default judgment
B. A contempt of court order
C. All of the answers above
, D. A declaration of invalidity
If an order compels conduct and a party disobeys, contempt proceedings are the usual
enforcement mechanism.
8. The court approach to severance consists of two parts. Which option describes them
correctly?
A. All of the answers provided
B. It must be possible to sever the bad from the good and the remainder must
still give effect to the purpose of the law
C. Courts must strike down chunks and leave the rest intact
D. Courts must remove bad parts without editing the law
Severance requires workable separation and a constitutionally coherent remainder
that still advances legislative purpose.
9. Which does NOT apply to contextual interpretation?
A. A broad understanding includes public opinion as necessary for determining
context
B. It must be used with caution because it can be used to cut out rights
C. Context can be misused to limit rights instead of interpreting them
D. A broad understanding includes systemic interpretation
Public opinion can be relevant in limited ways, but it is not a necessary component of
context in interpretation.
10. Which is part of stage 1 of the equality enquiry?
A. Determining whether the law or conduct differentiates between people or
categories of people
B. Determining whether discrimination is unfair
C. Determining whether the violation is justified under section 36
D. Determining whether differentiation is based on a specific ground
