1) The rule of law principle in South Africa's constitutional democracy requires that all public power be exercised in accordance with the Constitution and the law. No decision can be disregarded without recourse to the courts. This ensures limits on public power and prevents self-help.
2) When conducting public consultation in the legislative process, Parliament must invite meaningful participation through appropriate mechanisms. The courts will consider factors like the nature of the legislation and whether the public could participate in a way to influence the content of the Bill. Failure to properly consult may invalidate resulting legislation.
3) If both Houses pass a Bill and send it to the President, he must sign it into law even if he does not politically approve
1) The rule of law principle in South Africa's constitutional democracy requires that all public power be exercised in accordance with the Constitution and the law. No decision can be disregarded without recourse to the courts. This ensures limits on public power and prevents self-help.
2) When conducting public consultation in the legislative process, Parliament must invite meaningful participation through appropriate mechanisms. The courts will consider factors like the nature of the legislation and whether the public could participate in a way to influence the content of the Bill. Failure to properly consult may invalidate resulting legislation.
3) If both Houses pass a Bill and send it to the President, he must sign it into law even if he does not politically approve
1) The rule of law principle in South Africa's constitutional democracy requires that all public power be exercised in accordance with the Constitution and the law. No decision can be disregarded without recourse to the courts. This ensures limits on public power and prevents self-help.
2) When conducting public consultation in the legislative process, Parliament must invite meaningful participation through appropriate mechanisms. The courts will consider factors like the nature of the legislation and whether the public could participate in a way to influence the content of the Bill. Failure to properly consult may invalidate resulting legislation.
3) If both Houses pass a Bill and send it to the President, he must sign it into law even if he does not politically approve
1) The rule of law principle in South Africa's constitutional democracy requires that all public power be exercised in accordance with the Constitution and the law. No decision can be disregarded without recourse to the courts. This ensures limits on public power and prevents self-help.
2) When conducting public consultation in the legislative process, Parliament must invite meaningful participation through appropriate mechanisms. The courts will consider factors like the nature of the legislation and whether the public could participate in a way to influence the content of the Bill. Failure to properly consult may invalidate resulting legislation.
3) If both Houses pass a Bill and send it to the President, he must sign it into law even if he does not politically approve
DEPARTMENT OF PUBLIC LAW/ DEPARTEMENT PUBLIEKREG CONSTITUTIONAL LAW 271 / STAATSREG 271
SEMESTER TEST 2 / SEMESTER TOETS 2
6 June 2022 / 6 Junie 2022 Lecturer I Dosent: Dr A Strohwald Total Marks / Puntetotaal: 40 Time/ Tyd: 80 min!,Jtes + 5 minutes reading time / 80 minutes + 5 minute /eestyd
Instructions to students I lnstruksies aan studente
• Please answer all the questions in the answer book provided. / Beantwoord asb a/le vrae in die antwoordboeke. • Start your answ~r to every question on a new page. / Begin u antwoord vir elke vraag op 'n nuwe bladsy. • Number your answers correctly and fully, identical to the questions./ Nommer die antwoorde korrek en volledig, presies soos die vrae. • Write legibly. The lecturer can only award marks for what can be read./ Skryf leesbaar. Die dosent kan net punte toeken vir wat gelees kan word. • There is enough time to answer all the questions. Calculate your time as follows: 5 marks in 10 minutes, 10 marks in 20 minutes, 15 marks in 30 minutes, etc. I Daar is voldoende tyd om al die vrae te beantwoord. Bereken die tyd wat u aan e/ke vraag spandeer soos volg: 5 punte in 10 minute;' 10 punte in 20 minute; 15 punte in 30 minute, ens ... • Refer in your answers to ~pplicable authority, including case law./ Verwys in u antwoorde na toepaslike gesag, insluitende regspraak.
1 ENGLISH VERSION (Afrikaans follows below)
QUESTION 1 h the answer is false, Please answer the following question~ as true or f~lse. W. ere . tivation is please provide a motivation/reason. If no motivation Is ~r?v1ded, or I~th ~ mo th t the incorrect, a student will receive O regardless of whether It Is correctly indicated a answer is false. Each question counts two marks.
1.1 In Ex parte Chairperson of the Constitutional Assembly: In re Certification of ~he
Constitution of the Republic of South Africa, 1996 1996 (4) SA 744 (CC)·(F1rst Certification Judgment), the Constitutional Court held that even though the socio- economic rights included in the constitutional text are not universally accepted, the inclusion of socio-economic rights in the Bill of Rights was permissible as the Constitutional Principles permitted the inclusion of rights not universally accepted. r
1.2 The Constitutional Court in New Nation Movement NPC v President of the Republic of South Africa 2020 (6) SA 257 (CC), confirmed the constitutionality of the Electoral Act (73 of 1998) and held that adult citizens may be elected to the National Assembly and Provincial Legislatures only through their membership of political parties.
1.3 The National Assembly can remove the President in terms of section 89 of the Constitution, 1996, simply because they have lost the support of the majority of the members in the National Assembly.
1.4 A section 76 Bill, which has been introduced in the National Assembly, can be passed by the National Assembly regardless of the fact that the National Council of Provinces is opposed to the bill and does not vote for its adoption.
4 1.5 In United Democratic Movement v Speaker of the National Assembly [2017] ZACC 21 (22 June 2017), the Court held that both the 1996 Constitution and the Rules of the National Assembly require that a motion of no confidence in the President must take place via secret ballot, but that the Speaker has the power to rule otherwise by taking various factors into account.
,, 1.6 During the national ~lections, citizens outside the Republic of South Africa are permitted to vote in the general elections.
(2) [6 X 2 = 12] QUESTION 2
"This is so, because our constitutional order hinges also on the rule of law. No decision grounded in the Constitution or law may be disregarded without recourse to a court of law. To do otherwise would "amount to a licence to self-help"' - Economic Freedom Fighters v Speaker, National Assembly and Others 2016 (3) SA 580 (CC) [EFF 1] para 74
With this paragraph as a point of departure, write a short note on the rule of law principle in South Africa's constitutional democracy. Your answer should refer to appliGable constitutional provisions and case law and focus on how this principle has been .used to define, limit, or regulate the exercise of public power. ';__ _
QUESTION 3
3.1 The Minister of Forestry, Fisheries and the Environment recently tabled the Climate Change Bill [89-2022] in the. National Assembly in accordance with section 76 of the Constitution. The Minister believes that since this is a section 76 Bill that was introduced in the National Assembly, it would be sufficient if only the National Assembly facilitate public involvement in the legislative process. In this regard, the Minister is of the opinion that it would be prudent to invite the public to participate by means of oral submissions only. With reference to applicable case law, advise the Minister on the necessity to conduct public consultation in the legislative process, the criteria that may be used to determine whether there was compliance with Parliament's obligation to consult the public, and the effect that non-compliance may have on the validity of the Act. . (15)
3.2 Consider the possibility that there was facilitation of public participation and both the National Assembly and the National Council of Provinces has since then passed the Bill. The Bill has according.ly been sent to the President for assent and signature. The President however does not want to sign the Bill as he does not approve of the Bill for political reasons. Advise the President on the options that are available to the him in this instance and how should he and Parliament proceed? Your answer should refer to relevant constitutional provisions and case law. (5)
Law School Survival Guide (Volume II of II) - Outlines and Case Summaries for Evidence, Constitutional Law, Criminal Law, Constitutional Criminal Procedure: Law School Survival Guides
