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2021 Exam - Constitutional Law CSL2601

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SECTION A (JUSTIFY/EXPLAIN WHY EACH STATEMENT IS TRUE OR FALSE) 1. A judge can be sued for damages for an incorrect judgment he delivers. (3) 2. An amendment of section 1 of the Constitution in South Africa requires a supporting vote of at least five provinces. (3) 3. The doctrine of separation ...

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  • November 20, 2021
  • 11
  • 2021/2022
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November 2021




Constitutional
Law
CSL2601

, 1. SECTION A (JUSTIFY/EXPLAIN WHY EACH STATEMENT IS TRUE OR FALSE)



1. A judge can be sued for damages for an incorrect judgment he delivers. (3)


False,
The law in question, section 25(1) of the Supreme Court Act 59 of 1959, prohibits civil
lawsuits against a judge except with the permission of the court in which the judge sits.
Civil liability - Judicial officials are immune from civil actions arising from their decisions
except when they have acted mala fide.


2. An amendment of section 1 of the Constitution in South Africa requires a supporting vote of
at least five provinces. (3)


False,
A bill amending section 1 of the constitution requires a ¾ majority in parliament and a
supporting vote of at least 6 of the provinces in the NCOP.




3. The doctrine of separation of powers entails the division of state authority among the
spheres of government. (3)


True,
State authority is divided into National, Provincial and Local spheres of government.




4. The Public Protector is empowered to investigate any conduct of the judiciary that is alleged
to be improper. (3)


True,
The mission of the Public Protector is to strengthen constitutional democracy in pursuit of
its constitutional mandate by investigating, rectifying and redressing any improper or
prejudicial conduct in state affairs and resolving related disputes through mediation,

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