UNIVERSITY OF SOUTH AFRICA ASSIGNMENT 1 MEMO
FUR2601 – Fundamental Rights 2025
FUR2601 ASSIGNMENT 1 MEMO 2026 | FUNDAMENTAL RIGHTS | SUGGESTED
ANSWERS WITH MARK ALLOCATION | UNISA LLB
MEMORANDUM / SUGGESTED ANSWERS
Module Code: Module Name:
FUR2601 Fundamental Rights
Assignment: Total Marks:
Assignment 01 (Semester 1 – 2026) 50 Marks
Assessment Type: Prescribed Textbook:
Written Assignment Rautenbach & Malherbe Constitutional
Law (7th ed)
.
QUESTION 1: The Bill of Rights – Scope and Application [15 MARKS]
1.1 Discuss the meaning and significance of section 7 of the Constitution.
Model Answer:
Section 7 of the Constitution of the Republic of South Africa, 1996 is the cornerstone
of the Bill of Rights. Section 7(1) provides that the Bill of Rights is a cornerstone of
democracy in South Africa and enshrines the rights of all people in our country,
affirming the democratic values of human dignity, equality and freedom.
Section 7(2) imposes a positive obligation on the state to respect, protect, promote and
fulfil the rights in the Bill of Rights. This four-fold obligation has profound implications
for all three arms of government — the legislature, the executive, and the judiciary. The
Constitutional Court has confirmed that the state is obliged to take active steps to realise
rights and not merely refrain from infringing them (Government of the Republic of
South Africa v Grootboom 2000 11 BCLR 1169 (CC)).
Section 7(3) further provides that the rights in the Bill of Rights are subject to the
limitations contained or referred to in section 36, or elsewhere in the Bill.
Mark Allocation Marks
Explanation of section 7(1) – cornerstone of democracy / 1
enshrines rights
The democratic values: human dignity, equality and freedom 1
Section 7(2) – four-fold state obligation: respect, protect, 2
promote, fulfil
FUR2601 Assignment 1 Memorandum | Fundamental Rights | Page 1 of 6
, UNIVERSITY OF SOUTH AFRICA ASSIGNMENT 1 MEMO
FUR2601 – Fundamental Rights 2025
Application to all three arms of government 1
Reference to relevant case law (e.g. Grootboom) 1
Section 7(3) – limitations clause reference 1
Quality and coherence of discussion 2
SUBTOTAL 9
1.2 Explain horizontal and vertical application of the Bill of Rights.
The Constitution distinguishes between two forms of application of the Bill of Rights:
vertical and horizontal application.
Vertical application refers to the application of the Bill of Rights to the relationship
between the state and private individuals. In terms of section 8(1), the Bill of Rights
applies to all law, and binds the legislature, the executive, the judiciary and all organs
of state. This means that every branch of government must respect and uphold
fundamental rights in all its actions.
Horizontal application refers to the application of rights in relationships between private
individuals or juristic persons. Section 8(2) provides that a provision of the Bill of
Rights binds a natural or juristic person if, and to the extent that, it is applicable, taking
into account the nature of the right and the nature of any duty imposed by the right. The
courts have been tasked with developing the common law to give effect to the spirit,
purport and objects of the Bill of Rights (s 39(2)) in cases between private parties.
Key case: Du Plessis v De Klerk 1996 (3) SA 850 (CC) – the court confirmed that the
interim Constitution did not provide for direct horizontal application, but the 1996
Constitution introduced a more nuanced approach.
Mark Allocation Marks
Correct definition of vertical application 1
Section 8(1) – binds all organs of state 1
Correct definition of horizontal application 1
Section 8(2) – binds private natural and juristic persons 1
Reference to section 39(2) development of common law 1
Relevant case law cited and applied 1
SUBTOTAL 6
QUESTION 2: Equality Rights – Section 9 [15 MARKS]
2.1 Distinguish between formal and substantive equality.
Model Answer:
Formal equality connotes the idea that all persons are equal before the law and should
be treated similarly regardless of their differences. This is the traditional liberal
FUR2601 Assignment 1 Memorandum | Fundamental Rights | Page 2 of 6
FUR2601 – Fundamental Rights 2025
FUR2601 ASSIGNMENT 1 MEMO 2026 | FUNDAMENTAL RIGHTS | SUGGESTED
ANSWERS WITH MARK ALLOCATION | UNISA LLB
MEMORANDUM / SUGGESTED ANSWERS
Module Code: Module Name:
FUR2601 Fundamental Rights
Assignment: Total Marks:
Assignment 01 (Semester 1 – 2026) 50 Marks
Assessment Type: Prescribed Textbook:
Written Assignment Rautenbach & Malherbe Constitutional
Law (7th ed)
.
QUESTION 1: The Bill of Rights – Scope and Application [15 MARKS]
1.1 Discuss the meaning and significance of section 7 of the Constitution.
Model Answer:
Section 7 of the Constitution of the Republic of South Africa, 1996 is the cornerstone
of the Bill of Rights. Section 7(1) provides that the Bill of Rights is a cornerstone of
democracy in South Africa and enshrines the rights of all people in our country,
affirming the democratic values of human dignity, equality and freedom.
Section 7(2) imposes a positive obligation on the state to respect, protect, promote and
fulfil the rights in the Bill of Rights. This four-fold obligation has profound implications
for all three arms of government — the legislature, the executive, and the judiciary. The
Constitutional Court has confirmed that the state is obliged to take active steps to realise
rights and not merely refrain from infringing them (Government of the Republic of
South Africa v Grootboom 2000 11 BCLR 1169 (CC)).
Section 7(3) further provides that the rights in the Bill of Rights are subject to the
limitations contained or referred to in section 36, or elsewhere in the Bill.
Mark Allocation Marks
Explanation of section 7(1) – cornerstone of democracy / 1
enshrines rights
The democratic values: human dignity, equality and freedom 1
Section 7(2) – four-fold state obligation: respect, protect, 2
promote, fulfil
FUR2601 Assignment 1 Memorandum | Fundamental Rights | Page 1 of 6
, UNIVERSITY OF SOUTH AFRICA ASSIGNMENT 1 MEMO
FUR2601 – Fundamental Rights 2025
Application to all three arms of government 1
Reference to relevant case law (e.g. Grootboom) 1
Section 7(3) – limitations clause reference 1
Quality and coherence of discussion 2
SUBTOTAL 9
1.2 Explain horizontal and vertical application of the Bill of Rights.
The Constitution distinguishes between two forms of application of the Bill of Rights:
vertical and horizontal application.
Vertical application refers to the application of the Bill of Rights to the relationship
between the state and private individuals. In terms of section 8(1), the Bill of Rights
applies to all law, and binds the legislature, the executive, the judiciary and all organs
of state. This means that every branch of government must respect and uphold
fundamental rights in all its actions.
Horizontal application refers to the application of rights in relationships between private
individuals or juristic persons. Section 8(2) provides that a provision of the Bill of
Rights binds a natural or juristic person if, and to the extent that, it is applicable, taking
into account the nature of the right and the nature of any duty imposed by the right. The
courts have been tasked with developing the common law to give effect to the spirit,
purport and objects of the Bill of Rights (s 39(2)) in cases between private parties.
Key case: Du Plessis v De Klerk 1996 (3) SA 850 (CC) – the court confirmed that the
interim Constitution did not provide for direct horizontal application, but the 1996
Constitution introduced a more nuanced approach.
Mark Allocation Marks
Correct definition of vertical application 1
Section 8(1) – binds all organs of state 1
Correct definition of horizontal application 1
Section 8(2) – binds private natural and juristic persons 1
Reference to section 39(2) development of common law 1
Relevant case law cited and applied 1
SUBTOTAL 6
QUESTION 2: Equality Rights – Section 9 [15 MARKS]
2.1 Distinguish between formal and substantive equality.
Model Answer:
Formal equality connotes the idea that all persons are equal before the law and should
be treated similarly regardless of their differences. This is the traditional liberal
FUR2601 Assignment 1 Memorandum | Fundamental Rights | Page 2 of 6
