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HFL1501 PORTFOLIO ANSWERS DUE 23 OCTOBER 2024

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HFL1501 PORTFOLIO ANSWERS DUE 23 OCTOBER 2024 Questions Answer the following questions based on your understanding of the HFL1501 study material: QUESTION 1 1.1 Name one South African constitution of which you have learned in this module that embraced an approach of complete denial of the p...

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  • October 9, 2024
  • 7
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

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  • hfl1501 portfolio answers due 23 october 2024

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RONSAM
TUTORS
HFL1506 ASSIGNMENT 06 DUE 23 OCTOBER
2024




DISCLAIMER!!!: The assignments sold through this website
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, QUESTION 1


1.1 Name one South African constitution of which you have learned in this
module that embraced an approach of complete denial of the principle of
constitutionalism. (1)


The Constitution of the Zuid-Afrikaansche Republiek (ZAR). 1


1.2 Provide evidence from the Constitution of the Republic of South Africa,
1996 that supports the statement that the current South African governmental
structure is not based on parliamentary supremacy. (4)

The Constitution of the Republic of South Africa, 1996, rejects the concept of
parliamentary supremacy in favour of constitutional supremacy. 2 Section 2 explicitly
states that the Constitution is the supreme law of the Republic, and any law or
conduct inconsistent with it is invalid. 3 Section 172(1)(a) states that when deciding a
constitutional matter within its powers, a court must declare that any law or conduct
that is inconsistent with the Constitution is invalid. 4 Section 39(2) mandates that
when interpreting any legislation or developing the common law or customary law,
every court, tribunal, or forum must promote the spirit, purport, and objects of the Bill
of Rights. This confirms that the Constitution, not Parliament, is the highest authority
guiding legal interpretation.5


Section 173 section grants the Constitutional Court, the Supreme Court of Appeal,
and the High Courts the inherent power to develop the common law, considering the
interests of justice.6 This development of law by the judiciary, subject to the
Constitution, further illustrates the principle of constitutional supremacy. Section 211
section recognises the application of customary law, provided that such law is
consistent with the Constitution. Even customary legal practices are subordinate to


1
HFL1501 Study Guide 2022, p. 60.
2
HFL1501 Study Guide 2022, p. 64.
3
Constitution of the Republic of South Africa, 1996, s 2.
4
Constitution of the Republic of South Africa, 1996, s 172(1)(a).
5
Constitution of the Republic of South Africa, 1996, s 39.
6
Constitution of the Republic of South Africa, 1996, s 173.

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