CSL2601 Assignment 2 ( VERIFIED ANSWERS) Semester 2 2024 - DUE 10 September 2024
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CSL2601
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CSL2601
CSL2601 Assignment 2 ( VERIFIED ANSWERS) Semester 2 2024 - DUE 10 September 2024
(b) On what grounds can the President be removed from office? (3) - Answer-1) serious violation of the Constitution or law;
2) serious misconduct;
3) inability to perform functions of office.
/.Answering a q...
(b) On what grounds can the President be removed from office? (3) - Answer-1) serious
violation of the Constitution or law;
2) serious misconduct;
3) inability to perform functions of office.
/.Answering a question on the JSC in a nutshell - Answer-1. S174(1)
2. S174(2)
3. Transformative state
4. S178
5. JSC consist of
6. JSC chaired by
7. JSCs role in the appointment of judges
8. Appointment of the Chief Justice and deputy Chief Justice
9.JSC not play decisive role
10, JSC plays central role
11. Plays more decisive role
12. S174(2)
-most white male
-historical discrimination
-diversity
-lack of women appointees
- recent statistics
/.Can an ordinary individual member of the NA, not a cabinet member introduce a Bill in
the NA. Refer to case law (4) - Answer-In the case of Oriani-Ambrosini MP v Sisulu, MP
speaker of the NA:
-CC declared invalid rules of the NA which required a member of the NA to obtain
permission from the NA to initiate and introduce Bills.
/.Case law and recent controversies regarding the appointment of judges by the JSC
- This can go with slide 22 - 25 - Answer--Mention S174 (1) and 174 (2) of the Cons
- Helen Suzman Foundation v JSC and Others (aka Gauntlett case)
- Evidence suggests that the appointees do not necessarily fulfil the criteria according to
the Cons
- Candidates who should have rightly been appointed are not appointed.
-According to the foundation: there is a growing perception that talented candidates for
judicial appointment and advancement are being overlooked for reasons that are not
clear or explicit.
, The notion of fit and proper and relationship to characteristics and attributes expected of
members of the judiciary, the case of Menzi Simelane (former National Director of
Public Prosecutions) is relevant, by analogy;
- A fit and proper person were described as someone who is a conscientious person of
integrity and honesty.
/.Co-operative gvt in Cons Sense (5) - Answer-1.Definition: Refers to system of gvt that
indicates the framework within which the relations between the 3 spheres of gvt must be
conducted.
2. S44(1)(h) Cons- 3 spheres of gvt must cooperate with one one another in mutual
trust and good faith.
3.S40 Cons- state authority divided into national, provincial and local sphere which are
distinct, independent and interrelated.
4. Certification case:
- CC emphasised that the Cons. system chosen by Cons assembly is 1 of co-operative
government in which the power of a number of functional areas are allocated
concurrently to the national and provincial level of government.
5. S41 of Cons. set out the principle of co-operative and intergovernmental relations.
/.Compare the term sphere with the term level of government and explain the
implications of each concept for the institutional status of local government
Slide 1: Discussion of the term level - Answer-The term level:
1. the term level of gvt was used during the apartheid area and is obsolete.
2. the term level means that there was a hierarchy according to which 3 spheres was
arranged
3. national sphere always prevailed over the prov sphere
4. provincial sphere prevailed over the local sphere, in respect of any conflict between
laws either made by provincial or local spheres in relation to the national sphere laws.
/.Compare the term sphere with the term level of government and explain the
implications of each concept for the institutional status of local government
Slide 2: Discussion of the term sphere - Answer-The term sphere:
1. used in CSL it refers to either the national, provincial or local sphere of gvt
2.implies that each of these spheres are autonomous, self-contained and independent
as they have originally constitutionally-conferred and entrenched powers which enable
them to regulate their own affairs and provide basic services and execute the functions
allocated to them.
3. the powers, functions, rights and duties of local gvt are only qualified, limited or
constrained by the law in accordance with constitutional provisions regulating municipal
powers and fucntions.
/.Compare the term sphere with the term level of government and explain the
implications of each concept for the institutional status of local government
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