CSL2601 Assignment MCQ 2020 –2013. 100% Q AND A.

Tutorial Letter 201/1/2020 2 FEEDBACK TO ASSIGNMENT 1 You will have noticed that some of the questions asked in these True or False questions are not based on the substantive content of Constitutional Law. There are very good reasons for this approach: Firstly, plagiarism is a very serious form of academic dishonesty (misconduct), with extremely severe consequences that could impact your entire future career. It is our intention to make it absolutely clear to students what constitutes plagiarism or other forms of academic dishonesty so that they do not find themselves being accused of such conduct. Secondly, some of the questions relate to philosophy and decolonisation of education. As you will recall, in 2015/2016 every South African university was brought to a standstill by students demanding a decolonised and Africanised education. The refrain of protesting students was “Burn to be heard”, hence the burning of University libraries and other property in order to be heard as far as the demand for a decolonised and Africanised education is concerned. Accordingly, we have adopted the philosophical approach of Paulo Freire who declared that the only way to transform an educational system is to get the participation of the students themselves, thus we are seeking your opinions and strategies in achieving a decolonised education. Related to this point is the fact that we have the strong conviction that if we encourage you to think philosophically about the law and its role in society, it should promote the transformation of society. Some philosophical approaches that come to mind are ubuntu, feminism, Marxism because all of them are founded on justice, equity and freedom. 3 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 CSL2601/201/1/2020 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