,CSL2601 Assignment 1 (COMPLETE ANSWERS)
Semester 1 2025 - DUE March 2025; 100%
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Question 1 At paragraph 218 of the judgment in Economic
Freedom Fighters & Others v Speaker of the National Assembly
& Others 2018 (3) BCLR 259 (CC); 2018 (2) SA 571 (CC), Jafta J
states: The divergence of views in this matter flows solely from
different interpretations assigned to section 89 of the
Constitution. This is not novel. It happens frequently in courts
presided over by panels of Judges. But what is unprecedented is
the suggestion that the construction of the section embraced
by the majority here constitutes “a textbook case of judicial
overreach.” 2.1 What concept or doctrine is being referred to in
the context of “judicial overreach”? Discuss fully, with reference
to appropriate case law to justify your answer. Provide your
own opinion on whether the judgment in this case does
constitute judicial overreach. (18) 2.2 Critically discuss section
89 of the Constitution with reference to case law. The
discussion must include a comprehensive analysis of the
rationale for section 89, the consequences of this section, as
well as a discussion of how section 89 differs from section 102
of the Constitution.On 24 May 2024 President Cyril Ramaphosa
signed into law the National Prosecuting Authority Amendment
Bill, aimed at establishing a corruption-busting unit called the
Investigating Directorate against Corruption (Idac). This is hailed
as part of the implementation plan on the Zondo
, Commission's1 recommendations, where Zondo had unveiled
the extent to which certain criminals have influenced decision-
making at the highest levels of the state. Taking this
development a step further, a Bill is intended to be introduced
soon amending the Constitution to establish a new Chapter
Nine Institution called the Anti-Corruption Commission.2
Corruption is rampant in the public sector.3 Government
institution, with their access to vast amounts of money, create a
fertile environment for corrupt activities. Government officials
and their associates abuse their power and connections to
commit various forms of economic crime. This includes
malfeasance during the tender process, public procurement,
and other methods of financial misappropriation. Various
government institutions and state-owned enterprises have
been financially crippled by corruption. Against this backdrop
you are required to answer the following questions: Question 1
Provide additional substantive content (in the form of a few
well-constructed paragraphs, with judicious use of headings
and sub-headings) to the article by Mutondi Mulaudzi and
Babatunde Fagbayibo ‘Lyrics as Law: Teaching the South African
Constitution’5 by focusing your discussion exclusively on
Chapters 1, 4, 5 and 8 of the South African Constitution,6
illustrating the mechanisms that the Constitution provides to
ensure the legitimacy of government and validity of the exercise
of executive, legislative and judicial power. Support your answer
with relevant authority, appropriate music, and write in an
academically sound and acceptable manner. (10) 1.1 In your