Exam (elaborations)
FUR2601 Updated Exam Pack (2024) Oct/Nov - Fundamental Rights [A+]
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- University Of South Africa (Unisa)
FUR2601 Updated Exam Pack (2024) Oct/Nov - Fundamental Rights [A+]
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FUR2601Fundamental Rights
2023 Updated Exam Pack
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,2021-201/1/2021
TRUE AND FALSE FIRST COMPULSORY ASSIGNMENT-For the first assignment, you were required to select the
correct answer.
1. In the substantive stage of Bill of Rights litigation, the onus is first on the respondent, who must show that he/she
infringed the applicant’s rights.
1) False, in the substantive stage, the onus is first on the applicant, who must show that an infringement of a right has taken
place.
2) True, in the substantive stage, the onus is first on the respondent, who must show that he/she infringed the applicant’s
rights.
3) False, in the substantive stage the onus is on the respondent to indicate that the applicant’s rights can be limited.
4) False, in the substantive stage, the onus is on the applicant, to show that the infringement is not justifiable in terms of
section 36 of the Constitution.
Answer: 1) False, in the substantive stage, the onus is first on the applicant, who must show that an infringement of a right
has taken place.
2. Section 8(4) of the Constitution provides that juristic persons are specifically excluded from the protection of the rights in
the Bill of Rights.
1) True, section 8(4) of the Constitution excludes juristic persons from the protection of the rights in the Bill of Rights because
of the nature of these rights and the nature of juristic persons.
2) False, section 8(4) of the Constitution provides that juristic persons are entitled to the rights in the Bill of Rights dependant
on the nature of the right and the nature of the juristic person.
3) True, section 8(4) of the Constitution provides that only natural persons can lay claim to the rights in the Bill of Rights.
4) False, section 8(4) of the Constitution provides that all juristic persons are entitled to all the rights in the Bill of Rights.
Answer: 2) False, section 8(4) of the Constitution provides that juristic persons are entitled to the rights in the Bill of Rights
dependant on the nature of the right and the nature of the juristic person.
3. Section 39 of the Constitution, the interpretation clause, provides that any court, tribunal or forum, when interpreting the
Bill of Rights may consider international law and must consider foreign law.
1) False, section 39 of the Constitution provides that any court, tribunal or forum when interpreting the Bill of Rights, must
consider international law and may consider foreign law.
2) True, section 39 of the Constitution provides that any court, tribunal or forum when interpreting the Bill of Rights, may
consider international law and must consider foreign law.
3) False, section 39 of the Constitution provides that any court, tribunal or forum should only consider national law when
interpreting the rights in the Bill of Rights.
4) True, section 39 of the Constitution provides that any court, tribunal or forum, when interpreting the Bill of Rights may
consider international law and must consider foreign law, however, only as far as it pertains to matters of state security.
Answer: 1) False, section 39 of the Constitution provides that any court, tribunal or forum when interpreting the Bill of
Rights, must consider international law and may consider foreign law.
, 4. In Fose v Minister of Safety and Security the Constitutional Court found that the term “appropriate relief” referred to a
declaration of invalidity that would be the only applicable relief in the event of a constitutional rights violation.
1) True, in Fose v Minister of Safety and Security the Constitutional Court found that the term “appropriate relief” referred to a
declaration of invalidity that would be the only applicable relief in the event of a constitutional rights violation.
2) False, in Ferreira v Levin the Constitutional Court found that the term “appropriate relief” referred to a declaration of
invalidity that would be the only applicable relief in the event of a constitutional rights violation.
3) True, in Fose v Minister of Safety and Security the Constitutional Court found that the term appropriate relief referred to a
declaration of invalidity as a discretionary remedy in the event of a constitutional rights violation.
4) False, in Fose v Minister of Safety and Security the Constitutional Court found that it was left to the courts to decide what
appropriate relief would be in any particular circumstances.
Answer: 4) False, in Fose v Minister of Safety and Security the Constitutional Court found that it was left to the courts to
decide what appropriate relief would be in any particular circumstances.
5. In Mazibuko v City of Johannesburg the Constitutional Court found that the right to water did not require the state to
provide every person with sufficient water on demand.
1) True, the Constitutional Court found that that the city's free basic water policy was a reasonable measure of achieving the
progressive realisation of the right to water.
2) False, the Constitutional Court found that every citizen has the right to unlimited clean water.
3) True, the Constitutional Court found that the right to water can be restricted if municipalities struggle to source clean water.
4) False, the Constitutional Court found that the right to water could reasonably be restricted to 2 litres of water per person per
day.
Answer: 1) True, the Constitutional Court found that that the city's free basic water policy was a reasonable measure of
achieving the progressive realisation of the right to water.
Tutorial letter 201/1/2020
1.1 FIRST COMPULSORY ASSIGNMENT- For the first assignment, you were required to select the
correct answer.
1. Vertical application of the Bill of Rights refers to the application of the Bill of Rights to a dispute between private parties,
where the constitutionality of legislations is not at issue. (2)
1) True, vertical application of the Bill of Rights is only applicable between private parties.
2) False, vertical application refers to the application of the Bill of Rights to a dispute, which concerns the constitutionality of
legislation, or a dispute to which the state is a party.
3) False, the Bill of Rights can only be applied horizontally.
4) True, with vertical application of the Bill of Rights the constitutionality of legislation is always not at issue.
Answer: 2) False, vertical application refers to the application of the Bill of Rights to a dispute, which concerns the
constitutionality of legislation, or a dispute to which the state is a party.
2. To prove that one is acting in the public interest in terms of section 38(d) of the Constitution, one has to show that one is
acting in the public interest and that the public has sufficient interest in the remedy. (2)
1) False, to prove that one is acting in the public interest in terms of section 38(d) of the Constitution, one has to show that one
is acting in the public interest and that the public has personal interest in the remedy sought.
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