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Constitutional Law (HCONL330-1) Answers

Question 1 (20 marks) Consider the following excerpts below and answer the question that follows: “Although some black people have been economically empowered, a significant number of South Africans still live in poverty. Estimates by Statistics South Africa show that around half of South Africans survive on less than R779 per month. South Africa suffers from high levels of unemployment estimated at between 25% and […]

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Constitutional Law (HCONL330-1) Assignment Answers

Question 1: In Economic Freedom Fighters and Others v Speaker of the National Assembly and Another 2018 (2) SA 571 (CC), the Constitutional Court was asked to consider whether the existing mechanisms to impeach the President in terms of section 89 of the Constitution (provided for in the rules of the National Assembly) was constitutionally compliant or not. As the power to impeach the President […]

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Constitutional Law (HCONL330-1) Assignment Answers

Question 1: “When it came to interpreting and applying the general limitation clause, most commentators expected the Constitutional Court to follow the sequential and structured approach adopted by the Canadian Supreme Court in R v Oakes. In its seminal decision in S v Makwanyane, however, the Constitutional Court rejected this approach and adopted a singular global approach in terms of which certain factors are considered. […]

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LCO500 Constitutional Law Assignment Answers

Question 1 [40] In South Africa, cabinet ministers, who are primarily members of the executive, also regularly participate in the proceedings of the national legislature. Does this state of affairs undermine the doctrine of separation of powers? Discuss the tenets of the doctrine of separation of powers and how they apply to South Africa. Question 2 [ 20] Discuss the concept of ubuntu as explained […]

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Constitutional Law (HCONL330-1) Assignment Answers

QUESTION 1 (25 MARKS) Analyse the Traditional Leadership Governance Framework Act 41 of 2003 (the Framework Act) and the Traditional and Khoi-San Leadership Act 3 of 2019 (TKLA) with reference to: Recognition of traditional leaders. Refer to relevant sections of legislation as part of your answer. QUESTION 2 (20 MARKS) Read the below scenario and answer the question that follow: Advocate Thandi Zulu was appointed […]

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