FUR2601 EXAM PACK ().

FUR2601 EXAM PACK (). 100% TRUSTED Answers, guidelines, workings and references.OCT/NOV 2019 QUESTION 1 1. 2 2. 2 3. 2 4. 4 5. 2 6. 4 7. 2 8. 1 9. 1 10. 3 QUESTION 2 2.1. (a). The procedural issues are as follows: • Application Is the Bill of Rights applicable to the dispute between the parties? Here it must be determined whether the respondent is bound by the Bill of Rights, and whether the applicant is protected by the Bill of Rights in the particular circumstances. In what way is the Bill of Rights applicable to the dispute? In this enquiry it must be determined whether the Bill of Rights has direct or indirect application. • Justiciability - Is the issue justiciable and does the applicant in the matter have standing in respect of the relief sought? • Jurisdiction - Does the court have jurisdiction to grant the relief claimed? (b) The substantive issues are as follows: The court must determine whether the law or the conduct of the respondent infringed the rights of the applicant (Interpretation) If yes, the court will determine whether the infringement is a justifiable limitation of the right in terms of section 36 (Limitation).