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CSL2601 Assignment 2 Semester 1 2024
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  • CSL2601 - Constitutional Law (CSL2601)
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CSL2601 Assignment 2 Semester 1 2024 ... 100 % TRUSTED workings, explanations and solutions. For assistance call or W.h.a.t.s.a.p.p us on +/ 2/ 5/ 4 /7 /7 /9 /5 /4 /0 /1 /3 /2 . 1. The most significant aspect of the case of Economic Freedom Fighters v Speaker of the National Assembly 2018 (2) S...

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  • March 23, 2024
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CSL2601
ASSIGNMENT 2 SEMESTER 1 2024

, CSL2601
Assignment 2

Semester 1 2024
1. The most significant aspect of the case of Economic Freedom Fighters v Speaker of the
National Assembly 2018 (2) SA 571 (CC) (EFF II) is that the judiciary has too much political
power and intrudes into the executive domain.


2. As a member of the uMkhonto we Sizwe party, former President Jacob Zuma has
announced his intention to campaign against the right of LGBTIQ+ people to a family life. His
opinion is that the ‘legislation supporting same-sex marriage lacks support from the majority
of SA’. This scenario is an example of the principle of subsidiarity.


3. When carefully analysed, the recent case of United Democratic Movement and Others v
Eskom Holdings SOC Ltd and Others [2023] ZAGPPHC 280; 005779/2023 (5 May 2023) –
the “loadshedding” case – is an instance of judicial over-reach.


4. The counter-majoritarian dilemma has no relevance to South African Constitutional Law. It
is simply a convenient excuse that politicians invoke when the judiciary is counter-
revolutionary.

5. The horizontal distribution of power in South Africa is exactly how multi-sphere governance
works in South Africa.


6. The formal removal of an official office-bearer for gross misconduct or gross incompetence
is known as recusal.

7. According to the case of de Lille and Another v Speaker of the National Assembly 1998 (3)
SA 785 (CC), parliamentary privilege is the right to freedom of speech of members of
parliament and the protection not to be held liable to civil or criminal proceedings, arrest,
imprisonment or damages for saying or revealing anything in Parliament.

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