CSL2601 Questions and Correct Answers the Latest Update and Recommended Version
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Course
CSL2601
Institution
CSL2601
Privileges of members of parliament and how these are regulated - Constitutional sections
and case law (10)
> Privileges of members of parliament that enables them to perform their functions
without hindrance.
> Privileges are stipulated in S57 (1) of the constitution.
> S57(1) P...
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CSL2601 Questions and Correct
Answers the Latest Update and
Recommended Version
Privileges of members of parliament and how these are regulated - Constitutional sections
and case law (10)
✓ > Privileges of members of parliament that enables them to perform their functions
without hindrance.
✓ > Privileges are stipulated in S57 (1) of the constitution.
✓ > S57(1) Punish persons for contempt and determine its own procedures
✓ > S57(2) Freedom of members to say anything without fear of being held liable in court
✓ > S57(3) Parliamentary privileges under 1996 Constitution
✓ > Regulated by Powers and Privileges of parliament and provincial legislation act
✓ > NA competent do determine and control its own internal arrangements, proceedings
and procedures and making rules concerning its business
✓ > Members freedom of speech as long as they adhere to internal rules - exempt from civil
& criminal liability
✓ > Parliament competent to summon persons to give evidence
✓ > Parliament entitled to enforce own internal disciplinary measures
Case law for previous question - Speaker of NA v De lille
✓ Ms de lille stated she had info on 12 members of parliament who were spies for the
apartheid government. When challenged she mentioned 8 names who were no longer
members of the NA. Asked to withdraw her remark - unparliamentary - she did. Ad hoc
committee of NA asked that she apologize and be suspended for 15 working days. The
NA adopted this recommendation. She challenged its constitutionality in HC. HC held that
under the supreme constitution parliamentary privileges were subject to judicial review.
SCA upheld HC decision because S58(2) of the constitution guarantees freedom of
speech in the NA. NA no constitutional authority to suspend her. Rules amended now - 20
working days suspension.
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Discuss with specific reference to case law, what you understand by delegation of legislative
authority and discuss whether or not parliament may delegate its functions to the executive
(10)
✓ In Executive council of the WC v President of the Rep of SA the case involved S16 (a) of
the local government transition act which gave the president the power to amend the act
by proclamation. President used these powers to transfer certain powers from provincial
to national government. The Executive council challenged the constitutionality of S16 (a)
and the proclamation issued in terms of it.
Can parliament assign its law-making functions to the executive and if under what
circumstances?
✓ > Legislative authority vested in parliament under S37 of interim constitution.
✓ > Parliament cannot be expected to deal with all matters
✓ > No provision preventing parliament from delegating subordinate regulatory authority
to other bodies and the power to do so is necessary for effective law-making
✓
✓ Court decided in the above mentioned case that parliament delegating the power to
amend its laws to the president - inconsistent with doctrine separation of powers and
constitution
✓
✓ Not allowed under new constitutional dispensation, Parliament cannot delegate its law-
making power to executive (president)
Constitution & case law - What is counter-majoritarian?
✓ > The relationship between supreme constitution & Courts testing powers - All law and
conduct must comply with it - if not declared invalid - S172 obliges courts to declare law
invalid. Testing powers of court reinforces supremecy of the constitution.
✓
✓ > the counter-majoritarian is where 11 judges have declared a law invalid, but the law
they declared invalid was a law passed by 400 parliamentarians.
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