CSL2601 EXAM 2025 QUESTIONS AND
ANSWERS
Privileges of members of parliament and how these are regulated - Constitutional sections and
case law (10) - ANS > Privileges of members of parliament that enables them to perform
their functions without hindrance.
> Privileges are stipulated in S57 (1) of the constitution.
> S57(1) Punish persons for contempt and determine its own procedures
> S57(2) Freedom of members to say anything without fear of being held liable in court
> S57(3) Parliamentary privileges under 1996 Constitution
> Regulated by Powers and Privileges of parliament and provincial legislation act
> NA competent do determine and control its own internal arrangements, proceedings and
procedures and making rules concerning its business
> Members freedom of speech as long as they adhere to internal rules - exempt from civil &
criminal liability
> Parliament competent to summon persons to give evidence
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, > Parliament entitled to enforce own internal disciplinary measures
Case law for previous question - Speaker of NA v De lille - ANS Ms de lille stated she had info
on 12 members of parliament who were spies for the apartheid government. When challenged
she mentioned 8 names who were no longer members of the NA. Asked to withdraw her
remark - unparliamentary - she did. Ad hoc committee of NA asked that she apologize and be
suspended for 15 working days. The NA adopted this recommendation. She challenged its
constitutionality in HC. HC held that under the supreme constitution parliamentary privileges
were subject to judicial review. SCA upheld HC decision because S58(2) of the constitution
guarantees freedom of speech in the NA. NA no constitutional authority to suspend her. Rules
amended now - 20 working days suspension.
Discuss with specific reference to case law, what you understand by delegation of legislative
authority and discuss whether or not parliament may delegate its functions to the executive
(10) - ANS In Executive council of the WC v President of the Rep of SA the case involved S16
(a) of the local government transition act which gave the president the power to amend the act
by proclamation. President used these powers to transfer certain powers from provincial to
national government. The Executive council challenged the constitutionality of S16 (a) and the
proclamation issued in terms of it.
COPYRIGHT © 2025 FYNDLAY ALL RIGHTS RESERVED 2
ANSWERS
Privileges of members of parliament and how these are regulated - Constitutional sections and
case law (10) - ANS > Privileges of members of parliament that enables them to perform
their functions without hindrance.
> Privileges are stipulated in S57 (1) of the constitution.
> S57(1) Punish persons for contempt and determine its own procedures
> S57(2) Freedom of members to say anything without fear of being held liable in court
> S57(3) Parliamentary privileges under 1996 Constitution
> Regulated by Powers and Privileges of parliament and provincial legislation act
> NA competent do determine and control its own internal arrangements, proceedings and
procedures and making rules concerning its business
> Members freedom of speech as long as they adhere to internal rules - exempt from civil &
criminal liability
> Parliament competent to summon persons to give evidence
COPYRIGHT © 2025 FYNDLAY ALL RIGHTS RESERVED 1
, > Parliament entitled to enforce own internal disciplinary measures
Case law for previous question - Speaker of NA v De lille - ANS Ms de lille stated she had info
on 12 members of parliament who were spies for the apartheid government. When challenged
she mentioned 8 names who were no longer members of the NA. Asked to withdraw her
remark - unparliamentary - she did. Ad hoc committee of NA asked that she apologize and be
suspended for 15 working days. The NA adopted this recommendation. She challenged its
constitutionality in HC. HC held that under the supreme constitution parliamentary privileges
were subject to judicial review. SCA upheld HC decision because S58(2) of the constitution
guarantees freedom of speech in the NA. NA no constitutional authority to suspend her. Rules
amended now - 20 working days suspension.
Discuss with specific reference to case law, what you understand by delegation of legislative
authority and discuss whether or not parliament may delegate its functions to the executive
(10) - ANS In Executive council of the WC v President of the Rep of SA the case involved S16
(a) of the local government transition act which gave the president the power to amend the act
by proclamation. President used these powers to transfer certain powers from provincial to
national government. The Executive council challenged the constitutionality of S16 (a) and the
proclamation issued in terms of it.
COPYRIGHT © 2025 FYNDLAY ALL RIGHTS RESERVED 2
