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CSL2601 FULL EXAM WITH 150+ ACTUAL QUESTIONS AND 100% CORREECT ANSWERS
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CSL2601 FULL EXAM WITH 150+ ACTUAL QUESTIONS AND 100% CORREECT ANSWERS
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CSL2601 FULL EXAM WITH 150+ ACTUALQUESTIONS AND 100% CORREECT
ANSWERS
list the characteristics of a state (5) -
ANSWER>>>>>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 - ANSWER>>>>>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 - ANSWER>>>>>~ 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) - ANSWER>>>>>•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.
•Examples include a declaration of a state of national defence,
which must be approved by parliament.
,•This concept also means that the president must be sensitive
not only to the members of cabinet who elected him but also to
the general public who voted for the political party which won
the election.
S89 of the Constitution and who has the power to remove the
President? (2) - ANSWER>>>>>National Assembly by passing a
resolution with a two-third majority (66.6%) vote in favour.
(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.
Privileges of Members of Parliament and how these privileges
are regulated. (refer to Constitution and case law) (10) -
ANSWER>>>>>Andrea answered
When members of the public challenge the constitutionality of
an act- on which basis can a challenge be brought. (RATES and
TAX scenario and Cape Town Municipality question)
When answering the Q:
-Is parliament sovereign under the new dispensation?
-If it is not sovereign- determine status of local sphere of gvt?
-Determine mechanisms in place to assist local gvt to achieve
full potential
-Refer to Roberston case
Slide 1 - ANSWER>>>>>1. Robertson case
-local sphere has independence to regulate own affairs
, -especially with regards to s152(1) Cons- to ensure provision of
services to communities in a sustainable manner.
2. Fedsure-case:
- whatever decision the municipality takes it must act in good
faith in accordance with principle of legality.
-constrained to what is permitted in Part B of schedule 4 and 5.
If Municipality failed to act:
-not acted rationally and in good faith ito principle of legality/
-Cons obliges municipality to be proactive in ensuring the best
interest of community
When members of the public challenge the constitutionality of
an act- on which basis can a challenge be brought. (RATES and
TAX scenario)
When answering the Q:
-Is parliament sovereign under the new dispensation?
-If it is not sovereign- determine status of local sphere of gvt?
-Determine mechanisms in place to assist local gvt to achieve
full potential
-Refer to Roberston case
Slide 2 - ANSWER>>>>>Apply facts of scenario:
- Daniela and Pumi (the public) can claim law is uncons.
-National Sphere usurped local sphere's area of functional
competence.
-local sphere responsible for public works only in respect of the
needs of municipalities in discharge of their response to
administrative functions especially assigned to them under Part
B of Schedule 4 of the Const.
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