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Class notes LEV 3701 Law Of Evidence Admissibility Of Evidence Summary Exam Notes (FUR2601)
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- University Of South Africa
Class notes LEV 3701 Law Of Evidence Admissibility Of Evidence Summary Exam Notes (FUR2601)
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UNIVERSITY EXAMINATIONSMay/June 2020
FUR2601
Fundamental Rights
100 Marks
Duration 2 Hours
This paper consists of 21 pages.
Instructions:
1. This is a Full MCQ Exam using myUnisa Online Assessment Tool in your module site (FUR2601).
2. Your answers must be completed online on the assessment tool.
3. Read the questions carefully and select the correct statement.
4. All questions count two (2) marks.
Honesty Declaration:
In writing and submitting this paper you affirm that:
1. You understand what academic dishonesty entails and are aware of UNISA’s policies in this
regard.
2. You have not allowed, and will not allow, anyone to copy your work with the intention of passing it
off as his or her own work.
3. You did not make use of another student’s work with or without permission and submitted it as
your own.
,Question 1
Franco Seerdorf, a German soccer player, has a three-year contract to play for a South
African Club. Franco is, therefore, entitled to vote in the next general elections. (2)
1) False, because foreign soccer players are not allowed vote.
2) True, because our Constitution is similar to the German Constitution.
3) True, because foreign nationals are entitled to all the rights in the Constitution.
4) False, because political rights are only granted to citizens of the country.
Question 2
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. (2)
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.
Question 3
“Reading in” is a constitutional remedy that is used to remedy an omission in a
statutory provision. (2)
1 False, because it is a method of statutory interpretation.
2) False, because it is not recognised by s172 of the Constitution.
3) True, because its purpose is to add words to cure the defect.
4) True, because it is the same as severance.
, Question 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. (2)
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.
Question 5
Section 8(4) of the Constitution provides that juristic persons are specifically excluded
from the protection of the rights in the Bill of Rights. (2)
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.
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