CSL2601 - EXAM PACK (2022)
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 - ANS-The term level:
1. the term level of gvt was used during the aparthe...
CSL2601 - EXAM PACK (2022)
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 - ANS-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 the term level of gvt was used during the apartheid area and is
obsolete.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 - ANS-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
Slide 3: Implication of these concepts on institutional status of the local
government - ANS-1. local gvt no longer at the mercy of national or
prov gvt for any of its powers
2. local gvt is now interdependent, inviolable, and possess the
constitutional latitude within which to define and express its unique
character subject to constraints permissible under our Cons (City of
Cape Town and others v Roberston and Another)
list the characteristics of a state (5) - ANS-Characteristics of a state are:
1) a specific, geographically defined territory;
2) a community of people who live within that territory;
3) a legal order to which the community is subject,
4) An organised system of government which is able to uphold the legal
order;
5) a certain measure, at least of separate political identity, if not
sovereign political status.
Also remember to apply facts of the scenario to the characteristics of
state
When does the president exercise executive authority? (6)
Slide 1 - ANS-Section 84 and 85
o The president's powers includes performing any executive function
provided for in the Constitution or in national legislation.
, -When the president is exercising a political discretion on behalf of the
government,
- when he appoints the Deputy President, Cabinet Ministers and Deputy
Ministers.
-Has authority to appoint the leader of government business in the
National Assembly from among the members of the National Assembly
(the Speaker of Parliament).
When does the president exercise executive authority? (6)
Slide 2 - ANS-~ implementing national legislation except where the
Constitution or an Act of Parliament provides otherwise
~ developing and implementing national policy
~ co-ordinating the functions of state departments and administrations
~ preparing and initiating legislation
~ appointing the:
1. judges
2. National Director of Public Prosecutions
3.Military Command of the National Defence Force
4. National Commissioner of the South African Police Service
5. head of the National Intelligence Agency 6.inspector monitoring the
intelligence service
7.members of the Financial and Fiscal Commission
What does it mean to act "together with the other members of the
Cabinet"? (4) - ANS-•The decisions on the powers and functions of the
president as head of the national executive are cabinet meetings.
•Degree of consent needed from other members of the cabinet
depends on the decision-making procedures followed in the cabinet.
•"consultation" is required, although president is not bound by any
recommendations made.
•Sometimes the president may only make executive decisions "on the
recommendations or advice" of cabinet.
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