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COS2614 Assignment 1
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A+COS2614 Assignment 1
, QUESTION 1 Answer the following questions regarding historic constitutions
in South African legal history mentioned in the Study Guide: 1.1 Name two
South African constitutions of which you have learned in this module that were
promulgated during the twentieth century that entrenched only the formal
testing powers of the courts. (2) 1.2 Which nineteenth-century constitution of
an independent republic in South Africa was influenced by the American
Constitution? (1) 1.3 The constitution of which independent nineteenth-century
republic in South Africa made no provision for the protection of human rights
or the limitation of government power? (1) [4]
1.1 The two South African constitutions of the twentieth century that
entrenched only the formal testing powers of the courts are:
1. The South Africa Act of 1909: This constitution established the Union of
South Africa, bringing together the former British colonies of the Cape
Colony, Natal, Transvaal, and Orange River Colony. It provided for a
federal system of government but only entrenched the formal testing
powers of the courts.
2. The Republic of South Africa Constitution Act of 1961: This constitution
was enacted when South Africa transitioned from a dominion within the
British Commonwealth to a republic. It replaced the South Africa Act of
1909 and entrenched the formal testing powers of the courts.
1.2 The nineteenth-century constitution of an independent republic in South
Africa that was influenced by the American Constitution is:
The Constitution of the South African Republic (also known as the Transvaal
Republic or the ZAR): This constitution, which was in effect from 1857 to
1902, was influenced by the American Constitution, particularly its federal
structure and the principles of a written constitution with a division of powers
between the central government and the states.
1.3 The constitution of the independent nineteenth-century republic in South
Africa that made no provision for the protection of human rights or the
limitation of government power is:
The Constitution of the Orange Free State: The Orange Free State, which
existed from 1854 to 1902, had a constitution that did not include a bill of
rights or any specific provisions for the protection of individual rights and
liberties, nor did it have mechanisms to limit the powers of the government.
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