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CSL2601 Assignment 1 (COMPLETE ANSWERS) Semester 1 2025 - DUE March 2025 R47,40
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CSL2601 Assignment 1 (COMPLETE ANSWERS) Semester 1 2025 - DUE March 2025

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CSL2601 Assignment 1 (COMPLETE ANSWERS) Semester 1 2025 - DUE March 2025

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  • January 24, 2025
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  • 2024/2025
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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.

, Answer to Question 2.1: The Concept or Doctrine
of Judicial Overreach

Understanding Judicial Overreach
Judicial overreach occurs when a court exceeds its
constitutional mandate by interfering in the roles
and functions of other branches of government—
namely the executive and legislature. The doctrine is
grounded in the principle of separation of powers,
which ensures that each branch of government
operates within its jurisdiction without undue
interference from others. Courts are tasked with
interpreting the law, but accusations of overreach
arise when they are perceived to create or legislate
law instead of interpreting it. This is seen as
undermining the constitutional balance of power.

Analysis of Jafta J’s Statement
In Economic Freedom Fighters v Speaker of the
National Assembly (2018), the court was tasked with
interpreting section 89 of the Constitution, which
provides for the removal of the President. The
divergence in judicial opinion emerged over whether
a detailed process was constitutionally required for
Parliament to fulfill its obligations under section 89.

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