Exam (elaborations)
CSL2601 Assignment 2 2024
- Institution
- University Of South Africa (Unisa)
CSL2601 Assignment 2 2024
[Show more]
Content preview
STUDYPR0Comprehensive and Accurate
Answers
PROSTUDENT
, CSL2601 Assignment 2 – semester 1 (2024)
This assignment has 2 parts (Part A and Part B). All questions must be answered.
1 False. The case of Economic Freedom Fighters v Speaker of the National Assembly 2018
(2) SA 571 (CC) (EFF II) primarily addresses the principle of parliamentary privilege and the
powers of the National Assembly to discipline its members, particularly in the context of
disruptions during presidential addresses. It does not primarily concern the judiciary's
intrusion into the executive domain. Reference: Economic Freedom Fighters v Speaker of
the National Assembly and Others (CCT143/15) [2016] ZACC 11.
2 False. Former President Jacob Zuma's announcement against the rights of LGBTIQ+
people does not exemplify the principle of subsidiarity. Subsidiarity refers to decision-
making authority being held by the lowest competent authority rather than a higher
authority. Zuma's stance reflects a disagreement with human rights principles rather than a
matter of appropriate governance levels. Reference: Principle of Subsidiarity in EU Law -
https://eur-lex.europa.eu/summary/glossary/subsidiarity.html.
3 False. The case of United Democratic Movement and Others v Eskom Holdings SOC Ltd
and Others [2023] ZAGPPHC 280; 005779/2023 concerns the issue of load shedding and
whether Eskom was fulfilling its obligations adequately. It's an instance of judicial review
rather than judicial overreach. Reference: United Democratic Movement and Others v
Eskom Holdings SOC Ltd and Others [2023] ZAGPPHC 280.
4 False. The counter-majoritarian dilemma, which refers to the tension between judicial
review and democratic rule, is relevant to South African Constitutional Law, as it is in many
other constitutional democracies. It's a concept used to critique judicial decisions perceived
as going against the will of the majority. Reference: "The Counter-majoritarian Difficulty:
South Africa's Recurrent Question" by David Bilchitz, 2010.
5 False. The horizontal distribution of power in South Africa refers to the division of powers
between different branches of government (executive, legislative, and judicial), not multi-
sphere governance. Multi-sphere governance relates to the division of powers between
different levels of government (national, provincial, and local). Reference: "Multi-level
Government in South Africa" by Nico Steytler, 2008.
6 False. The formal removal of an official office-bearer for gross misconduct or gross
incompetence is not known as recusal. Recusal refers to a judge disqualifying themselves
from participating in a case due to a conflict of interest or other reasons that might
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller StudyPr0. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R50,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
67474 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now