CSL2601 EXAM/FULL COMPLETED QUALITY DOCUMENT WITH DETAILED 100% ANSWERS,NEWEST UP TO THE NEXT GENERATIONS
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CSL2601 EXA
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CSL2601 EXA
CSL2601 EXAM/FULL COMPLETED QUALITY
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With reference to the concept of Ubuntu, Comparison between constitutionalism &
Ubuntu using case law, provisions of the constitution & fundamental principles and
concepts underpinning co...
CSL2601 EXAM/FULL COMPLETED QUALITY
DOCUMENT WITH DETAILED 100%
ANSWERS,NEWEST UP TO THE NEXT
GENERATIONS
With reference to the concept of Ubuntu, Comparison between constitutionalism &
Ubuntu using case law, provisions of the constitution & fundamental principles and
concepts underpinning constitutional law reach a legally-sound compelling conclusion? -
CORRECT ANSWERS -> Ubuntu incorporated in SA constitution of 1993
> 1996 Constitution no mention of ubuntu but notion referred to in some case law.
> Ubuntu inherent is Customary law
> Constitution is indigenous the concept of ubuntu is spread throughout the
Constitutional system of SA
> Ubuntu - humanity, personhood, compassion, morality and humanness
> Sa - multi-party democracy - everyone counts in society
> Ubuntu signifies that everyone must act in solidarity towards a common objective (No
space for corruption)
> Morality linked to the rule of law
> Ubuntu - participation in legislative process - everyones opinion counts if a matter
affects them
> Constitutionalism - principle of system of government in accordance with the
constitution.
> Government must act in accordance with law - Gets its legitimacy and power from
Constitution
> Constitutionalism limits state power
> Constitutionalism prescribes how state power should be exercised
> S2 Constitution supreme law of the land
> S7 (1) Bill of rights
> Founding values of Constitution coincide with values of ubuntu
> S v Makwanyane the CC referred to Ubuntu as the concept which could serve as a
basis from which interpretation of the bill of rights could proceed. Although SA has a
history of division - ubuntu is a thread that runs across cultural lines
> Ubuntu - forefront of constitutional interpretation of fundamental rights
In February 2014 the Minister of Rural Development and Land Reform, Gugile Nkwinti,
published a policy paper on land reform and restitution titled 'Strengthening the Relative
Rights of People Working the Land'. This policy has been adopted pursuant to the
Green Paper on Land Reform which was passed in 2011. The policy proposes that farm
laborers assume ownership of half the land on which they are employed. The ownership
would be 'proportional to their contribution to the development of the land, based on the
number of years they had worked on the land'. The 'historical owner' of the farm
'automatically retains' the other half, in spite of the provisions of section 25 of the
Constitution which protects the right to property. According to the Minister, farmers, farm
workers and unions have until 2015 to comment and contribute to the policy proposal.
, You are required to write a brief, but well-substantiated essay in w - CORRECT
ANSWERS -> Policy paper - Constitutional in respect of procedural and substantive
aspects
> Process for enactment of legislation is beyond reproach - follows usual channels and
public participation
> S72 (1) & S118 (1)(a) and Doctors for life international v speaker NA our Constitution
asks for an open and transparent government and requires legislative organs to
facilitate public participation in the making of laws
> Without public participation - laws declared invalid
> Concerning substantive constitutionality - Purpose of legislation is to facilitate land
reform which is a legitimate constitutional objective
> Expropriation of land permissible to give effect to land reform as long as it is in the
public's interest
> S25(4) Public interest includes nation's commitment to land reform and equitable
access to SA's resources
> S25(5) state must use its legislative and other measures to ensure citizens gains
access to land on an equatable basis
> S25(6) Persons land insecure due to past racial discrimination - made legally secure
or comparable redress
> Case law to where expropriation was permissible - Mkontwana v Nelson Mandela
Metropolitan Municipality; Bissett v Buffalo City Municipality; Transfer Rights Action
Campaign v Member of the Executive Council for Local Government and Housing,
Gauteng
Provide a discussion of the meaning and implications of the concept "unparliamentary
language" in light of applicable case law as well as incidents that have taken place in
the South African Parliament - CORRECT ANSWERS -S58(1) Provides cabinet
ministers, deputy ministers and members of the NA has:
(a) freedom of speech subject to their rules
(b) Not liable to criminal & civil proceedings, arrest, imprisonment or damages with
regards to anything they said to the assembly & its committees or anything revealed as
a result of anything said to the assembly or its committee
Privileges of members of parliament and how these are regulated - Constitutional
sections and case law (10) - CORRECT ANSWERS -> Privileges of members of
parliament that enables them to perform their functions without hindrance.
> Privileges are stipulated in S57 (1) of the constitution.
> S57(1) Punish persons for contempt and determine its own procedures
> S57(2) Freedom of members to say anything without fear of being held liable in court
> S57(3) Parliamentary privileges under 1996 Constitution
> Regulated by Powers and Privileges of parliament and provincial legislation act
> NA competent do determine and control its own internal arrangements, proceedings
and procedures and making rules concerning its business
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