CSL2601 QUESTIONS
AND ANSWERS PACK
2022/2023
1. The Constitution of the Republic of South Africa, Act 108 of 1996 was passed in plenary
by the National Assembly (legislature) following the same procedure as
ordinary legislation and it thus has the same status as all other legislation. (1)
Fal...
,1. The Constitution of the Republic of South Africa, Act 108 of 1996 was passed in plenary
by the National Assembly (legislature) following the same procedure as
ordinary legislation and it thus has the same status as all other legislation. (1)
False. Firstly, the Citation of Constitutional Laws Act 5 of 2005 makes it clear that the Constitution
of the Republic of South Africa, 1996 does not have the same status as ordinary legislation
because it was not passed following the same procedure as ordinary legislation. It was the
Constitutional Assembly (the predecessor to the current National Assembly) which passed the
Constitution and it was thereafter certified by the Constitutional Court as complying with all 34
Constitutional Principles prescribed in the schedule to the Interim Constitution. Secondly, the
Citation of Constitutional Laws Act states at section 5 that “no Act number is to be associated with
the Constitution” on account of it not being of the same status as ordinary legislation. Therefore,
the Constitution must NEVER be referred to as Act 108 of 1996.
2. As a student enrolled for a degree at the University of South Africa, it is acceptable to
buy assignments from Stuvia or WorldLawz and submit them as your own work. (1)
False. This form of conduct is most definitely not acceptable conduct. It is exactly the type of
conduct that is described as plagiarism or unethical conduct that actually constitutes a form of
misconduct. If a student is caught submitting work that has purchased on Stuvia and WorldLawz,
the student will be submitted to the Student Disciplinary Unit and if a finding of misconduct is
made, the student will more than likely be suspended from UNISA for between 5 and 10 years.
3. The African National Congress, the Economic Freedom Fighters and Black First Land
First are all in favour of amending section 25 of the Constitution in order to give effect
to land expropriation without compensation. In terms of section 74(2) of the
Constitution, this proposed amendment requires that 75% of the National Assembly
and six out of the nine provinces in the National Council of Provinces vote in favour of
the amendment in order for it to be effected. (1)
False. Section 74(2) actually states that in order to amend section 25 of the Constitution, which
falls within Chapter 2 of the Constitution, it must occur by way of a Bill passed by (a) the National
Assembly, with a supporting vote of two thirds (66.6%) of its members, and not 75% of its
members.
4
, CSL2601/201/1/2021
4. Although section 2 of the Constitution confirms the supremacy of the Constitution,
which entails that no law and no conduct is superior to the Constitution, the South
African state can still be regarded as a sovereign state that is recognised as having
full legal personality in the international arena. (1)
True. Section 1 of the Constitution declares that the Republic of South Africa is a sovereign state.
This conveys that South Africa has full legal personality and is an equal member of the
international community. As evidenced by the cases, inter alia, of Democratic Alliance v Minister
of International Relations and Cooperation 2017; and Glenister II, this means that South Africa
can enter into international treaties, on condition that these treaties are consistent with the
Constitution and that all conduct undertaken pursuant to these treaties is constitutional.
We could explain this situation in the following manner. As a sovereign state, no other state may
arbitrarily interfere with South Africa’s domestic law and decisions. However, all states that wish
to co-operate with each for their mutual benefit enter into international treaties, such as the
International Covenant on Civil and Political Rights (1966) or the International Covenant on
Economic, Social and Cultural Rights (1966) so that they can prove to the international community
that they are committed to improving the quality of life of every citizen in their state and that they
respect the rule of law, thus they gain a reputation as a state that can be trusted to do what it has
undertaken to do. But, at all times, the judiciary has the right to declare when the state has violated
the Constitution in any of these transactions with the United Nations, African Union, or other
foreign states (eg: the United States of America, Zimbabwe, Russia, etc.).
5. The evidence emanating from the Judicial Commission of Inquiry into Allegations of
State Capture, Corruption and Fraud in the Public Sector, including Organs of State,
chaired by Deputy Chief Justice Raymond Zondo during 2018 and 2019 has absolutely
no relevance to your studies as a student of Constitutional Law. (1)
False. In a state where the rule of law is respected and upheld, any allegations of state capture,
corruption and fraud must be thoroughly investigated so that those who have perpetrated this
conduct can be held accountable. The essence of the South African state, as stipulated in section
1 of the Constitution is that it is the Constitution which is the fundamental instrument designed to
ensure that the rule of law is complied with and that the state functions on the basis of
accountability, openness, transparency and respect for the Constitution. If ubuntu is infused into
the constitutional state, it means that fraud, state capture and corruption will be deemed
unacceptable because they result in money being misappropriated whereas that money belongs
to all the citizens and is supposed to be used to give effect to the rights contained in the
5
, Constitution, such as housing, health care, education, ensuring free fair and credible elections
and good governance on the part of all state departments.
6. You (A) are a very well-known musician in South Africa. You recently released a song
that went straight to number 1 on the local charts. The CD which contains this song
sells for R200.00. It has recently been brought to your attention that another musician
in South Africa (B) has copied your song (except for some minor changes) and is giving
it away for free on Telegram. This is legitimate conduct by B because the Constitution
does not explicitly mention the protection of intellectual property rights
in its formulation of the rule of law. (1)
False. The rule of law means that everyone is bound by the law, irrespective of whether it is the
Constitution, the common law, legislation or case law. Theft of another person’s intellectual
property is exactly the same as plagiarism because it is where someone passes off another
person’s work as their own, thereby defrauding the original owner.
7. In his book Supervision of Local Government (2017) Mathenjwa submits that
colonisation introduced settler governments, with the legal systems of the countries
from whence the settlers came, becoming “the primary source” of law, authority and
power imposed on Africans. Despite the demise of colonisation and apartheid, South
Africa’s legal system still largely espouses the principles and characteristics of the
colonial laws. However, the judgments in the cases of De Lange v Smuts NO 1998 (3)
SA 785 (CC) and City of Tshwane Metropolitan Municipality v Afriforum and Another
2016 (6) SA 279 (CC) are two of a number of examples of the judiciary’s mission of
decolonising South African Law. (1)
True. The De Lange case epitomises a form of decolonisation of South African law in that in this
judgment, the Constitutional Court was adamant that the form that the separation of powers
doctrine takes is unique to South Africa, thus it is not merely the replication of the colonial form of
the separation of powers doctrine. The City of Tshwane case is arguably also authority for the
judiciary’s preoccupation with decolonising and Africanising South African law because of Chief
Justice Mogoeng’s insistence that the Tshwane Municipality is entitled to change street names if
the former street names did not reflect the role of black South Africans in South Africa’s history
and that by retaining only the apartheid-era street names, it would perpetuate the feelings of
ostracization and exclusion of black South Africans in addition to perpetuating the belief that black
South Africans are “inferior” purely on the basis of the colour of their skin, the texture of their hair
and the shape of their nose, as Mogoeng states.
6
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Tutor23. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $2.90. You're not tied to anything after your purchase.
