FUR2601
Fundamental Rights Latest EXAM PACK June 2023
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, FUR2601 MAY/JUNE 2023 Exam
Answers Included,
Multiple Choice Questions with Answers,
Tutorials and Notes
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.
