,CSL2601 Assignment 1 (COMPLETE ANSWERS) Semester 1
2025 - DUE March 2025; 100% TRUSTED Complete, trusted
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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 opinion, is an Anti-
Corruption Commission necessary or would it amount to a
needless duplication of other institutions with an overlapping
mandate? Substantiate your answer fully with reference to
appropriate provisions of the Constitution4 as well as other
relevant legislation. (6) 1.2 Notwithstanding your answer to
question 1.1 above, if the Anti-Corruption Commission were