[Company name]
CSL2601
Assignment 2
Semester 2 2024 -
DUE 10 September
2024
QUESTIONS WITH DETAILED ANSWERS
, CSL2601 Assignment 2 Semester 2 2024 - DUE 10 September 2024
In the early 1990s when South Africa was contemplating transition to
democracy, Wiechers advanced the case for the establishment of a
constitutional court. He argued that this court would be able to protect and
enforce human rights and liberties [and] to provide expert knowledge and
the political as well as socio-economic understanding which is needed to
judge intricate constitutional processes and issues.1 This view echoes the
contemporary view that the Constitution2 that was designed to
revolutionise the South African state reflects the needs and interests of all
South Africans.3 In its articulation of a unique form of the separation of
powers doctrine4 and in pursuit of ensuring a modern, robust constitutional
democracy, the judiciary has viewed its role as complementary to (as
opposed to distinct from) the legislative and executive branches of the
state. As Corder remarks, in its first 15 years, the Constitutional Court’s
judgments were ‘careful, wide, fair and at time courageous commitment to
constitutional principle and practice’.5 So determined is the judiciary to
uphold constitutional principle and practice that it has recently admonished
the executive, with a court declaring that a particular government
department was ‘grossly non-compliant’ and its representatives had shown
up late for the court hearing.6 Some important developments in South
African constitutional law are set out below. First, for the first time in South
Africa’s history, two judges and the Public Protector were impeached.
South Africa also has a multi-party government for the first time since the
advent of democracy thirty years ago. _________________ 1 Marinus
Wiechers ‘A constitutional court for South Africa’ in DJ van Vuuren et al
CSL2601
Assignment 2
Semester 2 2024 -
DUE 10 September
2024
QUESTIONS WITH DETAILED ANSWERS
, CSL2601 Assignment 2 Semester 2 2024 - DUE 10 September 2024
In the early 1990s when South Africa was contemplating transition to
democracy, Wiechers advanced the case for the establishment of a
constitutional court. He argued that this court would be able to protect and
enforce human rights and liberties [and] to provide expert knowledge and
the political as well as socio-economic understanding which is needed to
judge intricate constitutional processes and issues.1 This view echoes the
contemporary view that the Constitution2 that was designed to
revolutionise the South African state reflects the needs and interests of all
South Africans.3 In its articulation of a unique form of the separation of
powers doctrine4 and in pursuit of ensuring a modern, robust constitutional
democracy, the judiciary has viewed its role as complementary to (as
opposed to distinct from) the legislative and executive branches of the
state. As Corder remarks, in its first 15 years, the Constitutional Court’s
judgments were ‘careful, wide, fair and at time courageous commitment to
constitutional principle and practice’.5 So determined is the judiciary to
uphold constitutional principle and practice that it has recently admonished
the executive, with a court declaring that a particular government
department was ‘grossly non-compliant’ and its representatives had shown
up late for the court hearing.6 Some important developments in South
African constitutional law are set out below. First, for the first time in South
Africa’s history, two judges and the Public Protector were impeached.
South Africa also has a multi-party government for the first time since the
advent of democracy thirty years ago. _________________ 1 Marinus
Wiechers ‘A constitutional court for South Africa’ in DJ van Vuuren et al
