INTRODUCTION TO CONSTITUTIONAL LAW AND STATUTORY
INTERPRETATION 178 EXAMINATION NOTES:
Term 1: Outlines/Study Outcomes:
• Know what law is, and where constitutional law fits in
• Know what a constitution is and what it does
• Know the different state institutions and explain their basic functions
• Be able to provide a brief explanation of the term ‘constitutionalism’
• Be able to explain the purpose of a preamble to a constitution with reference to the
Preamble to the Constitution of the Republic of South Africa, 1996
• Be able to explain, in brief terms, the ‘injustices of the past’, namely colonisation and
apartheid, as referred to in the Preamble to the Constitution of the Republic of
South Africa, 1996
• Be able to explain the reason for the creation of the Union of South Africa in 1910
• Be able to briefly discuss the key characteristics of the Union Constitution
• Be able to explain what is meant by parliamentary supremacy
• Be able to briefly discuss the constitutional crises of the 1950s and the effect it had on
South African law
• Know basic apartheid legislation and its impact on society
• Be able to differentiate between petty and grand apartheid, and be able to discuss its
key aims / describe its outcomes
• Know in broad terms the contents of the Freedom Charter of 1955
• Be able to discuss the activities of various organizations and individuals who actively
resisted the apartheid policy and apartheid government
• Know why the 1961 and 1983 Constitutions were enacted
• Be able to discuss the main protests during the apartheid years (Soweto and
Sharpeville) and to critically analyse its impact on South Africa society
• Be able to explain the importance of the Rivonia Trial in the quest for liberation
,Term 1: Prescribed materials:
Prescribed reading:
• Kleyn et al Beginner’s Guide for Law Students (5th ed 2018) pages 1-4; 156-159//51-52; 159-164
• Woolman S & Swanepoel K ‘Constitutional History’ in Woolman S & Bishop M (eds)
Constitutional Law of South Africa
o Para (h) on pages 17-19 of Pdf file on SUNLearn
o Para (iv) on pages 23-24 of Pdf file on SUNLearn
o Para 2.3 on pages 26-36 on Pdf file on SUNLearn
• ‘50 Years on Remembering Rivonia’ The People’s Law Journal (Issue 3 2014) pages 13-17; 43-53
[available on SUNLearn]
Additional non-compulsory reading (Made available on SUNLearn):
NOT SUMMARISED, JUST CONVENIENTLY INCLUDED
• Du Plessis & Plaut Understanding South Africa (2019) pages 5-25
• Slade BV ‘Law and Visual Redress: The Space between Insider and Outsider’ in Fataar
A & Costandius E (eds) Evoking Transformation: Visual Redress at Stellenbosch University
• Currie & De Waal The New Constitutional and Administrative Law pages 40-57
• ‘50 Years on Remembering Rivonia’ The People’s Law Journal (Issue 3 2014)
Summary Key and Guidelines
• Summary utilises the specific pages listed under prescribed materials to find the outcomes
mentioned in the guidelines.
• Extra information or elaboration can be found in the textbook, this is the brief/ clear/ easy
to remember version and solely what’s most likely to be in the test. If something is
confusing/unclear, refer to the relevant prescribed material.
• Pages information was found is specified.
• Notes are in the order they were found in the textbook and not the order of the study
outcomes/outlines. All the outcomes can be found within this summary.
• If there are brackets like this: {} that’s information I wanted to include/my own personal
note/point.
• The Notes for term 1 are both lecture notes and self made summaries, and the entirety of
both are included. Term 2’s notes are structured differently, with lecture notes and self-
written summaries of prescribed materials separated, JUST LIKE OUR GOVERNMENT
POWERS <3 !! It is specified in Term 2’s work which are lecture notes and which are
prescribed material summaries.
• Cheat Codes will be updated as I think of them.
• There are no outlines or study outcomes for term 2 , and no scope for the exam has been
made available , therefore, only outlines for Term 1 are included.
,NOTES: KLEYN VILJOEN 1-4; 51-52; 156-159; 159-164
PAGES 1-4:
• Law is a body of rules and principles that exist to facilitate and regulate how we interact.
• {Constitutional Law fits in by regulating the law; Notes on Constitution located mainly under
Pages156-159}
• Constitution separates the state into three branches:
-Legislative authority: creates laws. (Government, parliament, president, etc)
-Judicial authority: apply laws and legal principles and interpret the law. (Lawyers, judges,
etc)
-Executive authority: responsible for enforcing the law as a whole. (Police, military, etc)
According to the constitution, the three branches must function separately to prevent the abuse of
absolute power.
CONSTITUTIONALISM means that the Constitution, not Parliament, is sovereign.
PAGES 51-52:
• ANC:
- passive resistance through ‘Defiance Campaign of 1951-1952; involved strikes, protests
and other forms of civil disobedience.
- Drafted ‘FREEDOM CHARTER’(committed ANC to non-racialism and human rights)
- MK (militant organisation formed in response to the banning of the ANC by 1960)
• PAC (PAN AFRICANIST CONGRESS): formed in 1959~
- break away from ANC passive resistance, commitment to non-violence and belief in non-
racialism.
- Militant organisation
- APLA (militant organisation) Azanian People’s Liberation Army, intensified after banning
by 1960
• Both ANC and PAC banned by apartheid government due to heavy resistance stemming from
both organisations
• Successfully pressured apartheid government (their internal resistance coupled with
external resistance through sanctions) into letting go of their powers systematically, by the
1980’s.
ADDITIONAL INFO NOT NECESSARILY MENTIONED IN OUTLINE:
• Liberation movements unbanned in 1990 and Nelson Mandela released from prison.
• Thereafter, apartheid legislation was abolished, and multi-party negotiations commenced;
various parties negotiated in the drafting of the 1993 Interim Constitution, which included a
Bill Of Rights. 1993 Interim Constitution was followed by 1996 ‘final’ Constitution.
• Both constitutions aimed to address the injustices of apartheid.
, PAGES 156-159:
• A Constitution regulates the structure and functioning of an organisation/country/legal
system. It sets out rules according to which the country is governed and restricts
governmental power.
• Characteristics:
• Transformative; bring change and reform; rectify wrongs of the past, repair society; long
term plan to bridge the gap between a society of deep division and one that recognises
human rights.
• Core aim is to achieve equality
• Government must justify their actions and their leadership is dependent on the reasoning
for their actions and not fear of their command.
• Bridge between abuse of power and power that is responsibly exercised.
• A PREAMBLE is a “solemn declaration” that states the “basic purpose of the Constitution”. It
serves as a guide to help interpret the constitution. The preamble to the Constitution of the
Republic of South Africa 1996 is on p157 of Kleyn Viljoen. It states, in brief terms: that “we
the people” recognise past injustices and honour and respect those who helped fight against
them; that the aim of the Constitution is to rectify these wrongs and achieve equality,
improve quality of life for all and build a united and democratic SA.
• TYPES OF CONSTITUTIONS (JUST IN CASE):
• Written or unwritten
• Flexible or inflexible
• Unitary or federal
• Sovereign or subordinate
THE INJUSTICES OF THE PAST IN BRIEF TERMS: Colonisation and Apartheid heavily oppressive on
people of colour, especially to black South Africans.
PAGES: 159-164
1910 Union Constitution: To unite SA’s 4 colonies (of the British and Afrikaans), which were granted
self-governance by the British. Create a Constitution for the whole of SA.
• Based on British ‘Westminster System’, members of Parliament had to be of ‘European’
descent. +- 15% coloureds in the Cape could vote.
Characteristics of 1910 Union Constitution:
1. Unitary System
2. Single constituency system (‘first past the post’), meaning country is divided into
constituencies, and single constituency with the most votes gets to represent in
government. E.g., Stellenbosch constituency, Bellville Constituency
3. Prime minister as executive head of state. EXECUTIVE POWER
4. Symbolic head of state (monarchy), King/ Queen. PURELY SYMBOLIC CANNOT INTERFERE
WITH PRIME MINISTERS DECISIONS. Cyril cannot make decisions that the Prime Minister
