FUR2601 (Fundamental Rights at UNISA) ONLINE MCQ
MEMORANDUM RECENTLY UPDATED 2026 | PASS
GUARANTEE
1. Vertical application of the Bill of Rights refers to the application of
the Bill of Rights to a dispute between private parties, where the
constitutionality of legislations is not at issue.
False, vertical application refers to the application of the Bill of Rights to a
dispute which concerns the constitutionality of legislation, or a dispute to
which the state is a party.
2. The Constitutional Court has jurisdiction to hear any matter, if leave
to appeal is granted and the matter is of such importance that it ought
to be considered by the Constitutional Court. (2)
,True, section 167 of the Constitution has been amended by the Constitution
Seventeenth Amendment Act of 2012 granting it jurisdiction to hear any
matter.
3. The customary law rule of male primogeniture, in terms of which
wives and daughters are not allowed to inherit where the testator has
died without a will, infringes the right to human dignity.
(2)
True, because this statement was confirmed by the Constitutional Court in
Bhe v Magistrate Khayelitsha.
4. Section 39 of the Constitution, the interpretation clause, provides that
any court, tribunal or forum, when interpreting the Bill of Rights may
consider international law and must consider foreign law. (2)
False, section 39 of the Constitution provides that any court, tribunal or
forum when interpreting the Bill of Rights, must consider international law
and may consider foreign law.
5. The Constitution makes provision that a matter can be brought
directly to the Constitutional Court. (2)
True, the Constitution makes provision that a matter can be brought directly
to the Constitutional Court, only if the matter is of such public importance or
urgency that direct access will be in the interest of justice.
6. Franco Seerdorf, a German soccer player, has a three-year contract
to play for a South African soccer club. Franco is therefore entitled to
vote in the next general elections in South Africa. (2)
False, because political rights are only granted to citizens of South Africa.
7. You are a legal adviser to the Pretoria City Council. The Council
plans to evict a number of squatters from its land that has been
earmarked for a housing project. The Council has the right to evict the
squatters and demolish their dwellings. (2) False, because evictions can
only occur once a court order has been granted.
8. S v Makwanyane is a clear example of the indirect application of the
Bill of Rights were the Constitutional Court found that section 277 of
the Criminal Procedure Act 51 of 1977, was unconstitutional and
therefore invalid. (2)
, True, the applicable sections in the Bill of Rights were indirectly applied
which allowed for a declaration of invalidity in terms of section 172 of the
Constitution.
9. The Constitutional Court applies a standard of reasonableness in
establishing whether the state has achieved the progressive realization
of the socio-economic
MEMORANDUM RECENTLY UPDATED 2026 | PASS
GUARANTEE
1. Vertical application of the Bill of Rights refers to the application of
the Bill of Rights to a dispute between private parties, where the
constitutionality of legislations is not at issue.
False, vertical application refers to the application of the Bill of Rights to a
dispute which concerns the constitutionality of legislation, or a dispute to
which the state is a party.
2. The Constitutional Court has jurisdiction to hear any matter, if leave
to appeal is granted and the matter is of such importance that it ought
to be considered by the Constitutional Court. (2)
,True, section 167 of the Constitution has been amended by the Constitution
Seventeenth Amendment Act of 2012 granting it jurisdiction to hear any
matter.
3. The customary law rule of male primogeniture, in terms of which
wives and daughters are not allowed to inherit where the testator has
died without a will, infringes the right to human dignity.
(2)
True, because this statement was confirmed by the Constitutional Court in
Bhe v Magistrate Khayelitsha.
4. Section 39 of the Constitution, the interpretation clause, provides that
any court, tribunal or forum, when interpreting the Bill of Rights may
consider international law and must consider foreign law. (2)
False, section 39 of the Constitution provides that any court, tribunal or
forum when interpreting the Bill of Rights, must consider international law
and may consider foreign law.
5. The Constitution makes provision that a matter can be brought
directly to the Constitutional Court. (2)
True, the Constitution makes provision that a matter can be brought directly
to the Constitutional Court, only if the matter is of such public importance or
urgency that direct access will be in the interest of justice.
6. Franco Seerdorf, a German soccer player, has a three-year contract
to play for a South African soccer club. Franco is therefore entitled to
vote in the next general elections in South Africa. (2)
False, because political rights are only granted to citizens of South Africa.
7. You are a legal adviser to the Pretoria City Council. The Council
plans to evict a number of squatters from its land that has been
earmarked for a housing project. The Council has the right to evict the
squatters and demolish their dwellings. (2) False, because evictions can
only occur once a court order has been granted.
8. S v Makwanyane is a clear example of the indirect application of the
Bill of Rights were the Constitutional Court found that section 277 of
the Criminal Procedure Act 51 of 1977, was unconstitutional and
therefore invalid. (2)
, True, the applicable sections in the Bill of Rights were indirectly applied
which allowed for a declaration of invalidity in terms of section 172 of the
Constitution.
9. The Constitutional Court applies a standard of reasonableness in
establishing whether the state has achieved the progressive realization
of the socio-economic
