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CSL2601: Constitutional Law
May/June 2025 & May/June 2024 — Past Paper Revision Guide
⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆
Public, Constitutional & International Law
Exam Revision Guide
CSL2601
Module Code:
Constitutional Law
Module Name:
May/June 2025 & May/June 2024
Papers:
100 marks each paper
Total Marks:
4 hours (take-home exam)
Duration:
Focus on understanding the Constitution, key case law, and applying principles cor-
rectly. Do not memorise — analyse.
Exam Revision Notes | CSL2601 | 2024–2025
,CSL2601 | Exam Revision Constitutional Law
PART ONE
University Examinations — May/June 2025
CSL2601 Constitutional Law · 100 Marks · 4 Hours
Key Concept
Context for the 2025 Paper: The May/June 2025 portfolio exam centred on a
scenario involving the establishment of an Anti-Corruption Commission, the constitu-
tionality of a proposed Bill amending the Constitution, the relationship between the
spheres of government, the legislative process, and the nature of the separation of pow-
ers. Questions required sustained argument, case law application, and original opinion.
Page 2 of 29
, CSL2601 | Exam Revision Constitutional Law
Question 1 (2025) 22 marks
1.1 7 marks
Question: A person by the name of Dubious Dubula is a Constitutional Law student. He
has stated on a WhatsApp group that devolution of power and delegation of power are one
and the same concept. Is the statement by Dubious true? Explain your answer fully. (7)
Answer: The statement by Dubious is false. Devolution of power and delegation of
power are distinct constitutional concepts, and treating them as interchangeable misun-
derstands South Africa’s multi-sphere governance framework.
Delegation of power refers to the conferral of authority by a superior body on a subor-
dinate body or official, without the superior relinquishing its own power. The delegating
body retains the power and can recall or override the delegate at any time. Parliament,
for instance, may delegate subordinate legislative powers to the executive (such as the
power to make regulations), but Parliament remains the primary legislator and cannot
assign plenary legislative powers — to do so would be unconstitutional, as confirmed in
Executive Council, Western Cape Legislature v President of the RSA 1995 (4) SA 877
(CC). The court drew a sharp line between permissible delegation of subsidiary powers
and the impermissible assignment of plenary powers, which would amount to a usurpa-
tion of Parliament’s constitutional function.
Devolution of power, by contrast, is a permanent or structural constitutional arrange-
ment whereby power is transferred from a central authority to a separate, constitution-
ally recognised sphere of government. In South Africa, the Constitution of the Republic
of South Africa, 1996 (the Constitution) creates three distinct yet interrelated spheres
of government: national, provincial, and local. Each sphere has its own defined com-
petencies set out in the Constitution (Schedules 4 and 5), and these cannot simply be
recalled or overridden by the national sphere at will. This is devolution, not delegation.
Key distinction:
• Delegation: superior retains power; subordinate acts on behalf of superior; delega-
tion is revocable.
• Devolution: power is constitutionally assigned to a separate sphere; the spheres
are autonomous within their areas of competence; the national sphere cannot simply
Page 3 of 29
]]
CSL2601: Constitutional Law
May/June 2025 & May/June 2024 — Past Paper Revision Guide
⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆
Public, Constitutional & International Law
Exam Revision Guide
CSL2601
Module Code:
Constitutional Law
Module Name:
May/June 2025 & May/June 2024
Papers:
100 marks each paper
Total Marks:
4 hours (take-home exam)
Duration:
Focus on understanding the Constitution, key case law, and applying principles cor-
rectly. Do not memorise — analyse.
Exam Revision Notes | CSL2601 | 2024–2025
,CSL2601 | Exam Revision Constitutional Law
PART ONE
University Examinations — May/June 2025
CSL2601 Constitutional Law · 100 Marks · 4 Hours
Key Concept
Context for the 2025 Paper: The May/June 2025 portfolio exam centred on a
scenario involving the establishment of an Anti-Corruption Commission, the constitu-
tionality of a proposed Bill amending the Constitution, the relationship between the
spheres of government, the legislative process, and the nature of the separation of pow-
ers. Questions required sustained argument, case law application, and original opinion.
Page 2 of 29
, CSL2601 | Exam Revision Constitutional Law
Question 1 (2025) 22 marks
1.1 7 marks
Question: A person by the name of Dubious Dubula is a Constitutional Law student. He
has stated on a WhatsApp group that devolution of power and delegation of power are one
and the same concept. Is the statement by Dubious true? Explain your answer fully. (7)
Answer: The statement by Dubious is false. Devolution of power and delegation of
power are distinct constitutional concepts, and treating them as interchangeable misun-
derstands South Africa’s multi-sphere governance framework.
Delegation of power refers to the conferral of authority by a superior body on a subor-
dinate body or official, without the superior relinquishing its own power. The delegating
body retains the power and can recall or override the delegate at any time. Parliament,
for instance, may delegate subordinate legislative powers to the executive (such as the
power to make regulations), but Parliament remains the primary legislator and cannot
assign plenary legislative powers — to do so would be unconstitutional, as confirmed in
Executive Council, Western Cape Legislature v President of the RSA 1995 (4) SA 877
(CC). The court drew a sharp line between permissible delegation of subsidiary powers
and the impermissible assignment of plenary powers, which would amount to a usurpa-
tion of Parliament’s constitutional function.
Devolution of power, by contrast, is a permanent or structural constitutional arrange-
ment whereby power is transferred from a central authority to a separate, constitution-
ally recognised sphere of government. In South Africa, the Constitution of the Republic
of South Africa, 1996 (the Constitution) creates three distinct yet interrelated spheres
of government: national, provincial, and local. Each sphere has its own defined com-
petencies set out in the Constitution (Schedules 4 and 5), and these cannot simply be
recalled or overridden by the national sphere at will. This is devolution, not delegation.
Key distinction:
• Delegation: superior retains power; subordinate acts on behalf of superior; delega-
tion is revocable.
• Devolution: power is constitutionally assigned to a separate sphere; the spheres
are autonomous within their areas of competence; the national sphere cannot simply
Page 3 of 29
