CSL2601 PORTFOLIO MEMO - SEMESTER 2 - 2024 - OCTOBER/NOVEMBER - UNISA - DUE DATE :- 14 OCTOBER 2024 (FULLY REFERENCED! DISTINCTION GUARANTEED!)
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Course
Constitutional law
Institution
University Of South Africa (Unisa)
Book
South African Constitutional Law in Context
CSL2601 PORTFOLIO MEMO - SEMESTER 2 - 2024 - OCTOBER/NOVEMBER - UNISA - DUE DATE :- 14 OCTOBER 2024 (FULLY REFERENCED! DISTINCTION GUARANTEED!)
QUESTION 1
Read the paragraph below. Is the information true? Explain your answer.
1.1The results of each general election have significant consequen...
Read the paragraph below. Is the information true? Explain your answer.
1.1The results of each general election have significant consequences. If the
majority party loses an election, everyone in government must resign, including
the public administration, and the members of the public service. Thus, the
officials within the public administration who do the core of the government’s
work and implement the political decisions taken by the members of the
executive, as well as those persons who work for national and provincial
government departments must resign and be replaced by individuals
representing the new political parties within the coalition that is formed. (2)
, 1.2 Indicate whether the statement below is true or false. Explain your answer.
The rule of law, as an enshrined value in the Constitution, essentially means that
all legislation in South Africa must be obeyed by everyone as long as Parliament
has taken all the necessary procedural requirements in enacting that law, and
no one should challenge any legislation that has been duly passed by
Parliament. (3)
1.3 Indicate whether the statement below is true or false. Explain your answer.
In accordance with Chapter 3 of the Constitution, all three spheres of
government are distinct, but instead of competing with each other, the
Constitution envisages a co-operative relationship to deliver the vision of the
Constitution. (2)
1.4 In terms of the Constitution, the National Assembly is responsible for
performing specific functions. Which function in the paragraph below is not
correct? Explain your answer. At its first sitting after an election, the National
Assembly must appoint, from amongst its members, the President. The National
Assembly must then embark on the task of considering and passing legislation;
appointing commissions of inquiry; and holding the executive accountable. (2)
1.5 Consider each of the following scenarios and explain whether the action
taken by the respective branch of government was valid. Justify your answer.
a) The Supreme Court of Appeal has recently held that the Fees on Higher
Education Act, an Act which was duly signed by the President, is invalid as it
did not comply with the procedural requirements of public participation
Evidence this effect was brought before the Court to this effect, and the
legislature actually conceded that they did not publish the Bill for public
comment because it was ‘urgent’). (4)
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