CSL2601 Exam Pack.

CSL2601 May/June 2013 1. An amendment of section 1 of the Constitution in South Africa requires a supporting vote of at least five provinces. FALSE 2. Common law as a source of constitutional law is superior in status to customary law. FALSE 3. The doctrine of separation of powers entails the division of state authority among the spheres of government. FALSE 4. Constitutional law regulates, amongst others, relationships between the organs of state and individuals. TRUE 5. The Public Protector is empowered to investigate any conduct of the Judiciary that is alleged to be improper. FALSE 6. South Africa has the discretion to develop its own unique doctrine of separation of powers. TRUE 7. The National Council of Provinces must "ensure that provincial interests are taken into account in the national sphere of government by participating in the national legislative process and by providing a national forum for public consideration of issues affecting the provinces". TRUE 8. A National Commissioner of the Police Service is appointed for a term of four years, which is renewable for two additional terms it must be a woman or a man who is a South African citizen, and a fit and proper person with knowledge of or experience in administration or the provision of public services. FALSE 9. A federal system of government provides only for the principles of co-operative government procedures, for settling intergovernmental disputes, and for provincial participation in the national parliament. FALSE 10. In a unitary system, state authority is centralised in one sphere. TRUE 11. It is because of the principle of separation of powers that parliament cannot delegate to the executive its powers of making original legislation. TRUE 12. All categories of prisoners in South Africa who are adults and citizens are entitled to register and vote in the national elections. FALSE 13. It is a privilege of members of parliament to say anything in parliament without fear of being held liable in a court of law, and it serves to protect parliament from outside interference This means that parliamentary privileges are not subject to Judicial review under the new constitutional dispensation. FALSE 14. In Ex parte President of the RSA. In re Constitutionality of the Liquor Bill it was stated that "any Bill whose provisions m substantial measures fall within a functional area listed in Schedule 4 of the Constitution, must be dealt with under section 76 of the Constitution. TRUE 15. As a member of parliament, the president of the Republic of South Africa is required to present a state-of-the-nation address in parliament annually. FALSE 16. In Glenister v The President of the Republic of South Africa it was held that the Court cannot intervene in the legislative process before a particular legislation is deliberated in parliament. TRUE 17. The Constitutional Court in Doctors for Life International v Speaker of the National Assembly held that public involvement is one of the essential features of participatory democracy in the lawmaking process, which had long been established under the system of customary law through imbizos or lekgotlas. TRUE 18. In Premier of the Western Cape the Court held that if the organs of state are m dispute, they should avoid litigating against each other. TRUE 19. The provincial legislatures have exclusive legislative authority in relation to matters which fall under Schedule 4 of the Constitution. FALSE 20. The local sphere of government exercises a delegated authority from both the provincial and national spheres of government. FALSE CSL2601 May/June 2013 1. According to section 83 of the 1996 Constitution, the president is the head of the national executive; therefore all his powers involve the exercise of executive authority (1) FALSE 2. As South Africa adopted a German model of integrated federalism, German law is comparative law in this regard. South African courts are obliged to consider German law as a primary source of South African law when interpreting any legislation on federalism (1) FALSE 3. Read the following statement and indicate whether it is true or false In 2011 the South African Police Services (SAPS) entered into a lease agreement with a certain Mr Robert Shabane in respect of a certain binding in the city Centre of Pretoria to accommodate its staff The relationship that flows from the lease agreement between SAPS and Mr Shabane is regulated by public law because the state is involved in the relationship. (1) FALSE