100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
HFL1501 Assignment 6 PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 23 October 2024 | Course Historical Foundations of South African Law (HFL1501) $2.50
Add to cart

Exam (elaborations)

HFL1501 Assignment 6 PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 23 October 2024 | Course Historical Foundations of South African Law (HFL1501)

1 review
 129 views  1 purchase
  • Course
  • Institution
  • Book

. QUESTION 1 1.1 Name one South African constitution of which you have learned in this module that embraced an approach of complete denial of the principle of constitutionalism. (1) 1.2 Provide evidence from the Constitution of the Republic of South Africa, 1996 that supports the statement that the...

[Show more]

Preview 3 out of 16  pages

  • October 16, 2024
  • 16
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

1  review

review-writer-avatar

By: Mma231 • 2 months ago

reply-writer-avatar

By: masterstudy • 1 month ago

Thank you for your recent purchase! We appreciate your trust in us to assist with your assignment. We’re dedicated to providing high-quality support and look forward to helping you achieve your academic goals. If you have any questions or need further assistance, feel free to reach out! Best regards,

avatar-seller
HFL1501




HFL1501
Assignme
nt 6
(COMPLET




Assignment 6 PORTFOLIO (COMPLETE ANSWERS)
Semester 2 2024 - DUE 23 October 2024

,Wednesday, October 16, 2024

QUESTION 1 1.1 Name one South African constitution of which you have learned in this
module that embraced an approach of complete denial of the principle of
constitutionalism. (1) 1.2 Provide evidence from the Constitution of the Republic of
South Africa, 1996 that supports the statement that the current South African
governmental structure is not based on parliamentary supremacy. (4) [5] QUESTION 2 2.1
Provide one valid example of each of the following classifications of things: a) a
consumable thing (1) b) a single thing (1) c) res extra commercium (1) 2.2 Which form of
delivery is applicable in the following scenarios? a) André leases an office complex from
Michelle for a period of five years. Two years after the lease agreement is concluded,
Michelle puts the office complex on the market and André buys it. (1) b) Orabile buys a
2022 Volkswagen Polo from a second-hand vehicle dealership. Upon receipt of the
purchase price, Juju, an employee of the dealership, hands the keys of the vehicle to
Orabile. (1) c) Lerato sells her car to Charles, but the parties agree that Lerato will
temporarily keep the car and lease it from Charles for a period of two months before she
delivers it to him. (1) [6] QUESTION 3 Read the discussion of the facts provided in the
media summary of the Supreme Court of Appeal case of Special Investigating Unit v
Phomella Property Investments (Pty) Ltd and Another 2023 (5) SA 601 (SCA) that is
included at the end of this assessment in Annexure A.




QUESTION 1

1.1

Name one South African constitution of which you have learned in this module
that embraced an approach of complete denial of the principle of
constitutionalism.

In Learning Unit 1 of the study guide, the South African Constitution that embraced an
approach of complete denial of the principle of constitutionalism was the Apartheid-era

, Constitution, which vested supreme power in the Parliament rather than recognizing the
supremacy of the Constitution itself. This political system was based on the supremacy of
Parliament, denying constitutionalism by allowing laws that could override fundamental
human rights without constitutional checks and balances. The system of parliamentary
sovereignty under Apartheid rejected the notion of limiting government power through
a higher legal authority like a constitution.




1.2

Provide evidence from the Constitution of the Republic of South Africa, 1996 that
supports the statement that the current South African governmental structure is not
based on parliamentary supremacy.

Evidence from the Constitution of the Republic of South Africa, 1996 that supports the
statement that the current governmental structure is not based on parliamentary
supremacy can be found in Section 2, which states:

"This Constitution is the supreme law of the Republic; law or conduct inconsistent with it

is invalid, and the obligations imposed by it must be fulfilled."

This section clearly establishes the supremacy of the Constitution over Parliament and all
other branches of government. Unlike in the past, where Parliament had ultimate
authority, the 1996 Constitution ensures that all laws, policies, and actions of the
government, including those made by Parliament, must conform to the principles and
provisions outlined in the Constitution. If any law or action conflicts with the
Constitution, it can be declared invalid by the courts, reinforcing the idea that South
Africa’s governmental structure is now based on constitutional supremacy, not
parliamentary supremacy.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller masterstudy. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $2.50. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

53068 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$2.50  1x  sold
  • (1)
Add to cart
Added