Assignment 1 2021 - Fur2601

FUR2601/001/3/2021

Fundamental Rights

FUR2601

2021



FIRST COMPULSORY ASSIGNMENT: DUE DATE 7 MAY 2021
1. Your unique number is: 836686.
2. This number must appear on your mark-reading sheet cover.
Select the correct statement.

1. In the substantive stage of Bill of Rights litigation, the onus is first on the respondent, who must

show that he/she infringed the applicant’s rights. (2)

1) False, in the substantive stage, the onus is first on the applicant, who must show that an

infringement of a right has taken place.

2) True, in the substantive stage, the onus is first on the respondent, who must show that

he/she infringed the applicant’s rights. – Page 5

3) False, in the substantive stage the onus is on the respondent to indicate that the applicant’s

rights can be limited.

4) False, in the substantive stage, the onus is on the applicant, to show that the infringement

is not justifiable in terms of section 36 of the Constitution.



2. Section 8(4) of the Constitution provides that juristic persons are specifically excluded from the

protection of the rights in the Bill of Rights. (2)

1) True, section 8(4) of the Constitution excludes juristic persons from the protection of the

rights in the Bill of Rights because of the nature of these rights and the nature of juristic

persons.

2) False, section 8(4) of the Constitution provides that juristic persons are entitled to the rights

in the Bill of Rights dependant on the nature of the right and the nature of the juristic person. – Page
10

3) True, section 8(4) of the Constitution provides that only natural persons can lay claim to the

rights in the Bill of Rights.

4) False, section 8(4) of the Constitution provides that all juristic persons are entitled to all the