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 law-
making 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
4. A supreme constitution is exactly the same thing as an inflexible constitution (1) FALSE

5. To enable members of parliament to perform their functions without hindrances, parliamentary

privileges enjoy immunity from judicial review (1) FALSE

6. In a constitutional law relationship, the state is always involved and it always exercises state
authority (1) TRUE

7. As the president of the Republic of South Africa is a member of the National Assembly, he is
required to present a state of the nation address annually in parliament (1) FALSE

8. In the case of Minister of Justice and Constitutional Development v Chonco, the Constitutional Court
held that presidential powers can be transferred to a cabinet minister (1) FALSE

9. In accordance with the decision of Executive Council of the Western Cape Legislature v President of
the Republic of South Africa 1995 (4) SA 877 (CC), parliament cannot delegate its legislative powers
to a provincial legislature. (1) FALSE

10. According to the Constitution of 1996, the president can refer a Bill back to the National Assembly
for reconsideration only if a procedural defect had occurred in the legislative process. (1) FALSE

11. The principle of co-operative governance means that the national sphere of government has an
overarching role in regulating the relationships between the three spheres of government (1) FALSE

12. The 1996 Constitution of South Africa is an inflexible constitution and the special procedures and
special majorities for its amendment are laid down m section 74 of the Constitution (1) TRUE

13. The unitary form of government means that state authority is centralised in the national
government (1) TRUE

14. As a superior court, the Supreme Court of Appeal is the final court of appeal in all constitutional
matters (1) FALSE

15. According to the provisions of section 165(1) of the 1996 Constitution, the judicial authority of the
Republic is vested in the courts and this means that the Judiciary has a function to enforce the law
(1) FALSE

16. In South African Association of Personal Injury Lawyers v Heath and Others 2001 (1) BCLR 77 (CC),
it was held that the appointment of a Judge as a head of a special investigating unit constituted an
infringement of the principle of judicial independence because the Judge was performing
executive functions, in the special investigating unit, which are inappropriate to the central
mission of the judiciary (1) TRUE
17. Under the current constitutional dispensation m South Africa, local government is a public body
exercising powers delegated by the national and provincial sphere of government (1) FALSE

18. In President of the Republic of South Africa v South African Rugby Football Union 1999 (10) BCLR
1059 (CC), the Constitutional Court held that due to the president's failure to exercise his power to
appoint a commission of enquiry personally, the president abdicated his responsibilities in
contravention of section 84(2)(f) of the 1996 Constitution (1) TRUE

19. In South Africa, the Westminster system of parliamentary sovereignty was already replaced with
constitutional supremacy way back in 1983 (1) FALSE

20. The most important function of parliament is the control function, namely to scrutinise or oversee
executive function. (1) FALSE

CSL2601 May/June 2014

1. Once the Public Protector’s provisional report on the upgrade to President Jacob Zuma’s Nkandla
homestead becomes a final report, it becomes a primary source of constitutional law and has
binding force and not mere persuasive value. (1) FALSE

2. There is not a clear distinction between an inflexible constitution and a supreme constitution
because they are always one and the same. (1) FALSE

3. As the South African Constitution is an example of an inflexible constitution, a special majority of

75% of members of the National Assembly is required to amend section 9 of the 1996 Constitution,
which is the equality clause. (1) FALSE

4. An electoral system is one of many mechanisms to promote democracy. (1) TRUE

5. Although the 1996 Constitution does not expressly state that the separation of powers is part of
our law, the Constitutional Court, in the First Certification case, confirmed that the doctrine of
separation of powers is firmly entrenched in the Constitution. (1) TRUE

6. Cooperative government refers to a system of government in terms of which the legislative,

executive and judicial branches of government are separated. (1) FALSE

7. In South Africa one of the functions of the National Assembly is the election of the President. (1)
TRUE

8. In South Africa all categories of prisoners are entitled to register and vote in national elections. (1)
FALSE
9. In accordance with the supremacy of the 1996 Constitution of South Africa parliamentary
privileges are subject to judicial review. (1) TRUE

10. Parliamentary privileges refer to the common law discretionary powers that the monarch exercised
by virtue of his or her status as supreme head of government. (1) FALSE

11. Parliament has exclusive competence to amend the 1996 Constitution of South Africa. (1) FALSE

12. If an ordinary Bill affecting the province is passed in accordance with a procedure laid down for
the adoption of Bills not affecting the province, or vice versa, the adopted Bill is not properly
enacted and does not become law. (1) TRUE

13. The National Assembly is authorised to assign any of its legislative powers, including the power to
amend the Constitution, to a provincial legislature. (1) FALSE

14. For a provincial legislature to pass or amend its constitution, at least two-thirds of its members must
vote in favour of such a constitution or amendment. (1) FALSE

15. In De Lille v Speaker of the National Assembly 1998 BCLR 916 (C) it was held that the exercise of
parliamentary privileges, which is clearly a constitutional power, is not immune from judicial
review. (1) TRUE

16. Section 75 of the 1996 Constitution of South Africa makes provision for a Bill to be referred to the
mediation committee if the National Assembly and the National Council of Provinces do not agree
on a particular version of a Bill. (1) FALSE

17. In President of the RSA v South African Rugby Football Union 1999 (2) BCLR 175 (CC), the
Constitutional Court found that the President had abdicated his responsibility to appoint a
Commission of Inquiry in terms of section 84(2)(f) of the Constitution. (1) TRUE

18. In South Africa judicial authority vests in the Judicial Service Commission. (1) FALSE

19. In the event of a conflict between national legislation and provincial legislation in respect of a
Schedule 4 matter, national legislation always prevails. (1) TRUE

20. In Fedsure v Greater Johannesburg Metropolitan Council 1999 (1) SA 374 (CC), the Constitutional
Court held that a local government was no longer a public body exercising delegated powers, but
a deliberative legislative assembly with legislative and executive powers recognised by the
Constitution itself. (1) TRUE
 CSL2601 October/November 2014
1. The Electoral Amendment Act No 18 of 2013 is an example of a primary source of constitutional
law (1) TRUE

2. Constitutional law is that branch of law which regulates the unequal relationship between state
organs and private individuals in circumstances where the state exercises state auth only (1) TRUE

3. In order to pass a Bill which seeks to amend the foundational values in section 1 of the constitution,
at least a two-third majority of the members of the National Assembly and six provinces in the
National Council of the Provinces must vote in favour of such a Bill (1) FALSE

4. Under the integrated model of federalism m South Africa the legislative and executive authority of
the state is divided between the national, provincial and local spheres of government (1) TRUE

5. Although not expressly mentioned m the South African Constitution of 1996, case law m South
Africa has confirmed that the doctrine of separation of powers is firmly entrenched in the
Constitution (1) TRUE

6. As a member of the National Assembly, the President is entitled to exercise his parliamentary
privilege to say anything in Parliament without fear that he will be held liable in a court of law (1)
FALSE

7. In President of the Republic of South Africa v South African Rugby Football Union and Others 1999
(10) BCLR 1059 (CC) it was held that under no circumstances at all can a President be called upon to
give evidence in court because of the special dignity of the President, his busy schedule and the
importance of his work (1) FALSE

8. Section 79 of the 1996 Constitution of the Republic of South Africa, dealing with the President's
assent to Bills, entitles the President to veto legislation adopted by Parliament. (1) FALSE

9. The Final Report of the Public Protector on security at President Jacob Zuma's private residence at
Nkandla qualifies as a primary source of constitutional Jaw because the Public Protector is a chapter
9 institution supporting constitutional democracy (1) FALSE

10. The committee established by Parliament to consider the Public Protector's report on security
upgrades at President Jacob Zuma's private residence at Nkandla is an example of Parliament's
standing committee (1) TRUE

11. Parliament in the national sphere of government can delegate its function to pass a particular Act
of Parliament to any provincial legislature or municipal council in South Africa TRUE

12. In the local sphere of government the legislative authority is vested in the Municipal Council and the
executive authority is vested in the Mayor (1) FALSE
13. In Fedsure v Greater Johannesburg Metropolitan Council 1999 (1) SA 374 (CC) it was held that under
our democratic constitutional dispensation, the local sphere of government is merely an
administrative handmaiden of the national and provincial spheres of government (1) FALSE

14. In South African Association of Personal injury Lawyers v Heath 2001 (1) BCLR 77 (CC) it was held
that because of the doctrine of separation of powers, a sitting Judge cannot be appointed as a
head of the Special Investigating Unit (SUI) (1) TRUE

15. Constitutional law is part of public law (1) TRUE

16. As a member of the National Assembly, the President must annually present a state-of-the-nation
address in Parliament. (1) FALSE

17. The Judicial authority of South Africa is vested m the Judicial Services Commission (1) FALSE

18. In Doctors for Life International v Speaker of the National Assembly and Others 2006 (12) BCLR
1399 (CC), the Constitutional Court confirmed that participatory democracy is an important part of
South Africa's current constitutional dispensation. (1) TRUE

19. In South Africa the majority of the members of Cabinet are also members of the National Assembly
and this indicates that there is no separation of powers between the executive and the legislature
(1) FALSE

20. With the support of at least 75 percent of its members, a provincial legislature can amend section 40
of the 1996 Constitution of South Africa (1) FALSE

CSL2601 May/June 2015

1. 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)

2. When the Marikana Commission of Inquiry, appointed by the President in terms of section 84(2)(f)
of the 1996 Constitution of South Africa releases its final report, the President is bound to follow the
recommendations made by this commission in its report (1)

3. Magistrates' Courts have the powers to declare the conduct of the president unconstitutional (1)

4. Constitutionalism includes the idea that the power of the state is limited by a constitution in which
fundamental rights are protected (1)
5. The Constitutional Court, in the case of Certification of the Constitution of the Republic of South
Africa, 1996, 1996 (4) SA 744 (CC) (First Certification case), held that there is no universal model of
separation of powers (1)

6. The Constitutional recognition of customary law as a legitimate system of law alongside other legal
systems in South Africa means that customary law enjoys equal recognition as a source of law. (1)

7. According to section 83 of the Constitution, the President is the head of the national executive,
therefore all his powers exclusively involve the exercise of executive authority. (1)

8. In President of the Republic of South Africa v South African Football Rugby Union 1999 (10) BCLR
1059 (CC) it was held that under no circumstances at all can a President be called upon to give
evidence in court because of the special dignity of the President, his busy schedule and the
importance of his work. (1)

9. Although the principle of separation of powers is not expressly mentioned in the Constitution, it is
implicit in the Constitution and is of the same force as any expressed constitutional provision (1)

10. There are no restrictions on the eligibility for appointment of Judges to the Constitutional Court (1)

11. According to section 42 of the 1996 Constitution, it is only the National Assembly that should
participate in the legislative process of the country (1)

12. Parliament in the national sphere of government can delegate its function to pass a particular Act of
Parliament to any provincial legislature or municipal council in South Africa (1)

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 (1)

14. The Constitutional Court in Doctors for Life International v Speaker of the National Assembly 2006
(12) BCLR 1399 (CC) held that public involvement is one of the essential features of participatory
democracy in the law-making process, which had long been established under the system of
customary law through imbizos or lekgotlas (1)

15. The provincial legislatures have exclusive legislative authority in relation to matters which fall under
Schedule 4 of the Constitution. (1)

16. Under the current constitutional dispensation in South Africa, local government is a public body
exercising powers delegated by the national and provincial spheres of government (1)

17. In President of the Republic of South Africa v South African Rugby Football Union 1999 (10) BCLR
1059 (CC), the Constitutional Court held that due to the president's failure to exercise his power to
 appoint a commission of enquiry personally, the president abdicated his responsibilities in
contravention of section 84(2)(f) of the 1996 Constitution (1)

18. Co-operative government refers to the division of legislative and executive authority between three
spheres of government, namely the national, provincial and local spheres of government (1)

19. In Fedsure v Greater Johannesburg Metropolitan Council 1999 (1) SA 374 (CC) it was held that local
government is a public body exercising delegated powers (1)

20. The purpose of section 155(3)(b) of the Constitution is to regulate the process of creating new
municipalities, which was the issue in the case of Matatiele Municipality and Others v President of
the Republic of South Africa and Others 2006 (5) SA 47 (CC). It was in this case that the court held
that the Local Government Municipal Structures Act 117 of 1998, distinguishes between four
different categories of municipalities, namely category A (cosmopolitan), B (regional), C (prefecture)
and D (village) municipalities. (1)

CSL2601 October/November 2015

CSL2601 May/June 2016

1. In Doctors for Life International v Speaker of the National Assembly and Others 2006 (12) BCLR 1399
(CC) the Court determined that the stage of legislation making at which it can intervene in order to
enforce Parliament's obligation to facilitate public involvement is before the legislative process is
complete in order to prevent irreversible and material harm (1) FALSE

2. In June 2015 the Marikana informal settlement community held a protest which resulted in property
damages worth R20 million The leader of the Marikana community, Joseph Makeleni, told News24
that "they want and need basic services" However, Joseph Makaleni's pleas on national radio are
 futile because the national government is never authorized to intervene and assist municipalities
when it falls to fulfil an executive obligation (1) FALSE

3. There is no difference between the effect of the term "sphere” and the term "level” of government
when referring to the institutional status of local government in terms of the Constitution of the
Republic of South Africa, 1996 (1) FALSE

4. 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 (1) FALSE

5. The President may not serve more than two full terms in office, which is 10 years, and there is no
exception to this rule (1) FALSE

6. The Recommendations of the Commission of Inquiry established by the President m terms of section
84(2) of the 1996 Constitution are binding. Therefore, the President is bound to follow and
implement the recommendations made by the Marikana Commission of Inquiry he appointed on 23
August 2012 (1) FALSE

7. The Constitutional recognition of customary law as a legitimate system of law alongside other
legal systems in South Africa means that customary law enjoys equal recognition as a source of
law (1) TRUE

8. In President of the Republic of South Africa v South African Football Rugby Union 1999 (10) BCLR
1059 (CC) it was held that under no circumstances at all can the President be called upon to give
evidence in court because of the special dignity of the President, his busy schedule and the
importance of his work (1) FALSE

9. It would be accurate to stat that a country is democratic if elections are held every five years, even if
only one political party is allowed to stand in the election (1) FALSE

10. In South African Constitutional Law m Context (2014) the authors quote Sujit Chaudhry who
describes South Africa as a one-party dominant democracy Chaudhry states that "one of the
pathologies of a dominant party democracy is the "capturing of independent institutions meant to
check the exercise of political power by the dominant party, enmeshing them in webs ()f
patronage" it is therefore accurate to state that an unfortunate implication of this is that there is
virtually no separation of state and party in the present South African context This was evidenced,
amongst others, on 12 February 2015 during the State of the Nation Address when Baleka Mbete,
the Speaker of Parliament conducted herself first and foremost as an ANC official who was acting
on unexpressed instructions to shield President Zuma from having to answer uncomfortable
questions concerning the upgrades to Nkandla Further evidence is the fact that she ordered that
EFF and DA Members of Parliament to leave Parliament and even instructed the South African
 Police Service which forms part of the executive, to physically remove EFF and DA Members that
evening (1) TRUE

11. In March 2011, the Constitutional Court ruled that the Hawks (the corruption-fighting unit of the
South African Police Service) lacked sufficient operational and structural independence to enable
them to properly combat corruption The Court therefore declared that the laws which disbanded
the former Scorpions and created the Hawks in their place (the National Prosecuting Authority
Amendment Act and the South African Police Service Amendment Act) were unconstitutional in
order to rectify this unconstitutionality the Court drafted a new law. called 'The eradication of
Corrupt Activities Act 24 of 2013' (1) FALSE

12. Smallfontein is a town in the Gauteng province it is run by a council which is elected on an annual
basis, has its own flag and currency The community is also in the process of applying to have
Smallfontein declared an independent legal entity within the City of Tshwane in constitutional law
terms, Smallfontein is a state. (1) FALSE

13. The rule that Parliament may delegate powers to other branches of government is determined by
the 'nature and extent of the delegation' and serves to ensure that the legislature is not
overwhelmed by the need to determine minor regulatory details However, it is imperative that a
distinction be drawn between delegation to make subordinate legislation within the framework of
an empowering statute and 'assigning plenary legislative powers to an her body' What this
ultimately entails is that Parliament may not ordinarily delegate its 'essential legislative functions'
to the executive although it is free to delegate the power to make regulations which are aimed at
implementing legislation ( 1) TRUE

14. In Executive Council of the Western Cape Legislature v President of the Republic of South Africa
1995 (4) SA 877 (CC) it was held that Parliament can delegate its power to make, amend and
repeal Acts of Parliament because it is universally accepted in modern societies that Parliament
cannot attend to every single task that it is enjoined to perform (1) TRUE

15. Co-operative government refers to the division of legislative and executive authority between three
spheres of government, namely the national, provincial and local spheres of government (1) FALSE

16. There is a dramatic difference between constitutional supremacy as a value captured by section 1
of the Constitution and the declaration of constitutional supremacy as a binding and enforceable
rule set out in section 2 (1) TRUE

17. According to section 83 of the Constitution, the President is the head of the national executive;
therefore all his powers exclusively involve the exercise of executive functions (1) FALSE

18. Magistrates' Courts have the powers to declare the conduct of the president unconstitutional (1)
FALSE
19. The case of S and Others v Van Rooyen and Others (General Council of the Bar of South Africa
Intervening) 2002 (5) SA 246 established the test for judicial independence as such, the test for
independence is whether the court 'from the objective standpoint of a reasonable and informed
person, will be perceived as enjoying the essential conditions of independence' (1) TRUE

20. The fact that the National Prosecuting Authority is legally and constitutionally required to report to
the Minister of Justice on its activities and decisions indicates that the National Prosecuting
Authority forms part of the executive arm of government because of the level of ministerial
oversight under which the National Prosecuting Authority operates (1) FALSE

CSL2601 October/November 2016

1. The Constitution is a persuasive source of constitutional law in South Africa (1) FALSE

2. The form which constitutionalism takes m South Africa is primarily allochthonous (1) FALSE

3. The Constitution of South Africa does not explicitly make provision for the doctrine of the separation
of powers Therefore this doctrine is not part of our constitutional framework (1) FALSE

4. South Africa has explicitly incorporated the doctrine of the rule of law in the 1996 Constitution (1)
TRUE

5. All members of Cabinet must be appointed from members of the National Assembly (1) TRUE

6. In the case of De Lille v Speaker of the National Assembly 1998 (3) SA 430 (C), the High Court held
that the exercise of parliamentary privilege by members of Parliament is not subject to Judicial
review (1) FALSE

7. Under the 1996 Constitution, the President may refer a Bill back to Parliament for reconsideration
only if a procedural defect had occurred in the legislative process (1) FALSE

8. A municipality may exercise only those powers that fall within the matters over which it has
legislative and executive authority (1) TRUE

9. Chapter 9 institutions enjoy the same kind of institutional independence as that enjoyed by the
Judiciary (1) TRUE

10. The Court held in the case of South African Rugby Football Union (SARFU) Ill 2009 (10) BCLR 1052
(CC) that the President may never be compelled to give evidence as a witness in order to ensure that
the dignity of the President is safeguarded (1) FALSE

11. Implementation of national and provincial legislation and the development and implementation
of policy is the key function of the executive branch of the state (1) TRUE
12. The right of the media and ordinary members of the public to attend parliamentary committee
sessions is a right, not a privilege (1) TRUE

13. The need for the Judiciary to reflect the gender composition of South Africa is more important than
the need for the Judiciary to reflect the racial composition of South Africa (1) FALSE

14. The Constitution prohibits Parliament from delegating subordinate regulatory authority to other
bodies because it would impede effective law-making (1) FALSE

15. Most descriptions of South African constitutional law ignore those aspects of the South African
political and governance context that do not neatly reflect the Western-style constitutional
structures established by the Constitution in reality, South African constitutional law is infused
with traditional concepts of governance, such as ubuntu (1) TRUE

16. In order to remove the President from office in terms of section 89 of the Constitution of the
Republic of South Africa, 1996, a two-third majority (66 6%) of the members of the National
Assembly must vote in favour of the removal (1) TRUE

17. The electoral system operating in South Africa is the closed-list proportional representation
electoral system because it reflects the wishes of the voters more accurately and makes it easier
for smaller parties to be represented in the National Assembly (1) TRUE

18. In the law-making process, once both Houses of Parliament have passed a Bill, it is presented to the
President for signature The President is obliged to assent to the Bill irrespective of whether or not
he has reservations about its constitutionality (1) FALSE

19. The test which is used when tagging Bills as either section 75, 76 or 77 Bills is called the
‘substantial measures test' and is different from the test used by the Court to characterize a Bill in
order to determine whether either the national or the provincial legislature has the legislative
competence to enact the law (1) TRUE

20. The Constitution states that the Deputy President "must assist the President in the executions of
the functions of government" The President therefore decides to what extent the Deputy
President is involved in the day-to-day affairs of government This control exhibited by the
President is necessary to avoid two centres of power do not develop because conflict between the
President and the Deputy President will paralyse government (1) TRUE

CSL2601 May/June 2017

1. Parliament in the national sphere of government can delegate its function to pass a particular Act
of Parliament to any provincial legislature or municipal council in South Africa (1) TRUE
2. The Constitutional Court, in the case of Certification of the Constitution of the Republic of South
Africa, 1996 (4) SA 744 (CC) (First Certification case), held that there is no universal model of
separation of powers (1) TRUE

3. The constitutional recognition of customary law as a legitimate system of law alongside other
legal systems in South Africa means that customary law enjoys equal recognition as a source of
law (1) TRUE

4. In Executive Council of the Western Cape Legislature v President of the Republic of South Africa
1995 (4) SA 877 (CC), it was held that Parliament can delegate its power to make, amend and
repeal Acts of Parliament to the executive because it is universally accepted in modern societies
that Parliament cannot attend to every single task that it is enjoined to perform (1) TRUE

5. The provincial legislatures have exclusive legislative authority in relation to matters which fall under
Schedule 4 of the Constitution (1) FALSE

6. Under the current constitutional dispensation in South Africa, local government is a public body
exercising powers delegated by the national and provincial spheres of government (1) TRUE

7. Cooperative or multilevel government refers to the division of legislative and executive authority
between three spheres of government, namely the national, provincial and local spheres of
government (1) TRUE

8. In Fedsure v Greater Johannesburg Metropolitan Council 1999 (1) SA 374 (CC), it was held that local
government is a public body exercising delegated powers (1) FALSE

9. In June 2015, the Marikana informal settlement community held a protest which resulted in
damage to property to the amount of R20 million the leader of the Marikana community, Joseph
Makeleni, told News24 that they wanted and needed basic services However, Joseph Makaleni's
pleas on national radio are futile because the national government is never authorised to intervene
and assist municipalities when they fail to fulfil an executive obligation (1) FALSE

10. There is no difference between the effect of the term "sphere" and the term "level" of government
when referring to the institutional status of local government in terms of the Constitution of the
Republic of South Africa, 1996 (1) FALSE

11. The fact that the National Prosecuting Authority is legally and constitutionally required to report to
the Minister of Justice on its activities and decisions indicates that the National Prosecuting
Authority forms part of the executive arm of government because of the level of ministerial
oversight under which the National Prosecuting Authority operates (1) FALSE

12. Implementation of national and provincial legislation and the development and implementation of
policy are key functions of the executive branch of the state (1) FALSE
13. The need for the Judiciary to reflect the gender composition of South Africa is more important than
the need for the Judiciary to reflect the racial composition of South Africa (1) FALSE

14. The electoral system operating in South Africa is the closed-list proportional representation
electoral system because it reflects the wishes of the voters more accurately and makes it easier
for smaller parties to be represented In the National Assembly (1) TRUE

15. The form which constitutionalism takes in South Africa is primarily allochthonous (1) FALSE

16. In the case of Democratic Alliance v President of the Republic of South Africa and Others 2012 (12)
BCLR 1297 (CC) (otherwise known as the Simelane matter), the principal issue to be decided was
whether or not President Jacob Zuma had a subjective discretion in deciding whether Menzi
Simelane was "fit and proper" to be appointed as the National Director of Public Prosecutions
(NDPP) in terms of section 179 of the National Prosecuting Authority Act 32 of 1998 (1) TRUE

17. Most descriptions of South African constitutional law ignore those aspects of the South African
political and governance context that do not neatly reflect the Western-style constitutional
structures established by the Constitution in reality, South African constitutional law is infused
with traditional concepts of governance, such as ubuntu (1) TRUE

18. The test which is used when tagging Bills as either section 75, 76 or 77 Bills is called the
"substantial measures test" and is different from the test used by the court to characterise a Bill in
order to determine whether either the national or the provincial legislature has the legislative
competence to enact the law (1) TRUE

19. In the case of Premier Limpopo Province v Speaker of the Limpopo Provincial Legislature and
Others 2011 (11) BCLR 1181 (CC), the Constitutional Court insisted that the provinces could only
legislate in respect of functional areas falling within Schedules 4 and 5, or if national laws clearly
assigned further functions to the provinces, or if the Constitution expressly assigned power to the
provinces to legislate on specified matters (1) TRUE

20. In Minister of Police and Others v Premier of the Western Cape and Others 2013 (12) BCLR 1365
(CC), it was held that the decision of the premier of the Western Cape of 24 August 2012 to
establish a commission of inquiry was consistent with the Constitution and valid, since Part A of
Schedule 4 of the Constitution provides for concurrent national and provincial legislative
competence over the policing function, and the provincial executive is thus entrusted with
overseeing the policing function (1) TRUE

CSL2601 October/November 2017

1. Customary law is a source of law equivalent to the common law. (1) TRUE
2. In Executive Council of the Western Cape Legislature v President of the Republic of South Africa
1995 (4) SA 877 (CC) it was held that Parliament can delegate its power to make, amend and repeal
Acts of Parliament to the executive because it is universally accepted in modern societies that
Parliament cannot attend to every single task that it is enjoined to perform. (1) FALSE

3. International law is a persuasive source of law which is not binding but may influence decisions. (1)
FALSE

4. Besides the fact that the National Prosecuting Authority is legally and constitutionally required to
report to the Minister of Justice on its activities and decisions, the level of ministerial oversight
under which it operates indicates that it forms part of the executive arm of government. (1) FALSE

5. The Constitution of the Republic of South Africa, 1996, is an example of an inflexible constitution.
(1) TRUE

6. Sujit Choudhry, a constitutional law expert, describes South Africa as a one-party dominant
democracy. Choudhry states that “one of the pathologies of a dominant party democracy is the
“capturing” of independent institutions meant to check the exercise of political power by the
dominant party, enmeshing them in webs of patronage.” An unfortunate consequence of this is
that there is virtually no separation of state and party in the present South African context. It is
illustrated by the fact that Parliament was not prepared to deal decisively with the issue of non-
security upgrades to President Zuma’s private residence in Nkandla. (1) TRUE

7. Magistrates’ courts have the power to declare the conduct of the President unconstitutional. (1)
FALSE

8. In the Judicial Services Commission and Another v Cape Bar Council and Another 2012 (11) BCLR
1239 (SCA) the Court found that the decisions of the Judicial Services Commission about the
appointment of judges could not be reviewed by courts. (1) FALSE

9. Cooperative or multi-level government refers to the division of the legislative and executive
authorities among three spheres of government, namely the national, provincial and local spheres
of government. (1) TRUE

10. The need that the judiciary reflects the gender composition of South Africa is more important than
the need to reflect the racial composition of South Africa. (1) FALSE

11. One of the most important objectives of local government is to meet the basic needs of all
inhabitants of South Africa. (1) TRUE

12. The provincial government’s supervisory powers over local government confer on provincial
government the power to control the affairs of a municipality. (1) FALSE
13. A member of the National Assembly is allowed to introduce a Bill in the National Assembly only if
the majority of members in the National Assembly have given the member permission to initiate
such legislation. (1) FALSE

14. Like the President of the United States of America, the President of South Africa has the power to
veto legislation merely because he or she opposes the legislation. (1) FALSE

15. In President of the Republic of South Africa v South African Football Rugby Union 1999 (10) BCLR
1059 (CC) it was held that under no circumstances can the President be called upon to give evidence
in court because of the special dignity of the President, his busy schedule and the importance of his
work. (1) FALSE

16. There is no difference between the effect of the term “sphere” and the term “level” of government
when referring to the institutional status of local government in terms of the Constitution of South
Africa, 1996. (1) FALSE

17. Implementation of national and provincial legislation and the development and implementation
of policy is the function of the executive branch of the state. (1) TRUE

18. The electoral system in South Africa is the closed-list proportional-representation system because
it reflects the wishes of the voters more accurately and makes it easier for smaller parties to be
represented in the National Assembly. (1) TRUE

19. The test used when tagging Bills as either section-75, -76 or -77 Bills is called the “substantial
measures test” and it is the same test used by the Court to characterise a Bill in order to
determine which of the national or the provincial legislature has the competence to enact the law.
(1) TRUE

20. A clear indication that the Judicial Services Commission has failed to maintain the integrity of the
judiciary is the fact that since April 2008 it has not finalised the matter concerning the allegations
against Judge Hlophe who reportedly said “You are our last hope. You must find in favour of our
comrade”, apparently in reference to a case against President Zuma. Such a request is contrary to
the provisions of section 165(3) of the Constitution which states that “No person or organ of state
may interfere with the functioning of the courts”. (1) TRUE

CSL2601 May/June 2018

1. In the case Judicial Service Commission and Another v Cape Bar Council and Another 2012 (11) BCLR
1239 (SCA), the Court found that the decisions of the Judicial Service Commission about the
appointment of Judges cannot be reviewed by a court (1) FALSE
2. The need for the Judiciary to reflect the gender composition of South Africa is more important than
the need for the Judiciary to reflect the racial composition of South Africa (1) FALSE

3. A member of the National Assembly is only allowed to introduce a Bill in the National Assembly if
the majority of members in the National Assembly have given the member permission to initiate
such legislation (1) FALSE

4. Like the President of the United States of America, the President of South Africa has the power to
veto legislation merely because he or she opposes the legislation (1) FALSE

5. The electoral system in South Africa is the closed-list, proportional representation system because
it reflects the wishes of the voters more accurately and makes it easier for smaller parties to be
represented in the National Assembly (1) TRUE

6. The test used when tagging Bills as section 75, 76 or 77 Bills is called the "substantial measure test"
and it is the same test that is used by a court to characterise a Bill in order to determine which of the
national or provincial legislatures has the competence to enact the law (1) FALSE

7. The constitutional recognition of customary law as a legitimate system of law alongside other
legal systems m South Africa means that customary law enjoys equal recognition as a source of
law (1) TRUE

8. According to section 83 of the Const1tut1on, the President Is the head of the national executive,
therefore, all powers of the President exclusively involve the exercise of executive authority (1)
FALSE

9. In Executive Council of the Western Cape Legislature v President of the Republic of South Africa
1995 (4) SA 877 (CC) it was held that Parliament can delegate its powers to make, amend and repeal
Acts of Parliament because it is universally accepted in modern societies that a parliament cannot
attend to every single task that it is enjoined to perform (1) FALSE

10. 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 this privilege serves to protect Parliament from outside interference This
means that parliamentary privileges are not subject to Judicial review under the new constitutional
dispensation (1) FALSE

11. The Constitutional Court in Doctors for Life International v Speaker of the National Assembly 2006
(12) BCLR 1399 (CC) held that public involvement in the law-making process was one of the
essential features of participatory democracy and It had already been established under the
system of customary law through imbizos or lekgotlas (1) TRUE

12. In President of the Republic of South Africa v South African Rugby Football Union 1999 (10) BCLR
1059 (CC), the Constitutional Court held that due to the President's failure to exercise his power to
 appoint a commission of Inquiry personally, the President had abdicated his responsibility in
contravention of section 84(2)(f) of the 1996 Constitution (1) TRUE

13. In Doctors for Life International v Speaker of the National Assembly and Others 2006 (12) BCLR
1399 (CC), the Court determined that the legislation-making stage at which it can intervene to
enforce Parliament's obligation to facilitate public involvement Is before the legislative process is
complete in order to prevent irreversible and material harm (1) TRUE

14. It would be accurate to state that a country is democratic if its elections are held every five years,
even if only one political party is allowed to stand in the electron (1) FALSE

15. In March 2011, the Constitutional Court ruled that the Hawks (the corruption-fighting unit of the
South African Police Service) lacked sufficient operational and structural independence to enable
them to properly combat corruption The Court therefore declared the laws that had disbanded the
former Scorpions and created the Hawks in their place (the National Prosecuting Authority
Amendment Act and the South African Police Service Amendment Act) unconstitutional in order to
rectify this unconstitutional situation, the Court drafted a new law, called the Eradication of Corrupt
Activities Act 24 of 2013 (1) FALSE

16. The rule that Parliament may delegate powers to other branches of government is determined by
the "nature and extent of the delegation" and serves to ensure that the legislature is not
overwhelmed by the need to determine minor regulatory details However, it is imperative that a
distinction be drawn between delegating the power to make subordinate legislation within the
framework of an empowering statute, and "assigning plenary legislative powers to another body"
What this rule ultimately entails is that Parliament may not ordinarily delegate its "essential
legislative functions" to the executive, although it is free to delegate the power to make
regulations aimed at implementing legislation (1) TRUE

17. A precedent has been set in the case United Democratic Party and Others v Speaker of the National
Assembly and Others (CCT89/17) [2017) ZACC 21 (22 June 2017) that the Speaker of the National
Assembly does not have the power to prescribe that voting in a motion of no confidence in the
President be conducted by secret ballot (1) FALSE

18. There is a considerable difference between constitutional supremacy as a value captured by section
1 of the Constitution and the declaration of constitutional supremacy as a binding and enforceable
rule set out in section 2 (1) FALSE

19. The case S and Others v Van Rooyen and Others (General Council of the Bar of South Africa
Intervening) 2002 (5) SA 246 established the test for judicial independence the test for
independence is whether a court, "from the Objective standpoint of a reasonable and informed
person, will be perceived as enjoying the essential conditions of independence" (1) TRUE

20. In the case Economic Freedom Fighters and Others v Speaker of the National Assembly and Others
(CCT143/15, CCT171/15) [2016] ZACC 11 (31 March 2016) the Constitutional Court confirmed that
 remedial action recommended by the Public Protector against President Jacob Zuma in terms of
section 182(1)(c) of the Constitution in relation to the Nkandla saga is not binding, but dependent on
the discretion of the President (1) FALSE

CSL2601 October/November 2018

1. Academic writings are authoritative sources of South Africa's constItut1onal law because they may
influence decisions (1) FALSE

2. Constitutionalism implies that government's powers are limited (1) FALSE

3. In Doctors for Life International v Speaker of the National Assembly 2006 (6) SA 416 (CC) it was held
that in the overall scheme of the 1996 Constitution, the representative and participatory elements
of democracy are in conflict with each other (1) FALSE

4. Customary law enjoys recognition as a source of law under the 1996 Constitution (1) FALSE

5. The 1996 Constitution of South Africa is an example of an inflexible constitution (1) TRUE

6. In the national sphere of government, Parliament can delegate its function to pass legislation to any
provincial legislature or municipal council (1) FALSE

7. Under the 1996 Constitution, local government is a public body exercising powers delegated to it
by the national and provincial spheres of government (1)

8. It is a privilege of members of Parliament to say anything in Parliament without fear of penalty or

their being held liable in a court of law This means that parliamentary privileges are not subject to
Judicial review under the current constitutional dispensation (1) FALSE

9. The President is bound to follow the recommendations of the commission of inquiry established by
the President in terms of section 84(2) of the 1996 Constitutional (1) FALSE

10. Cooperative government refers to the division of legislative and executive authority between the
three spheres of government, namely the national, provincial and local spheres of government (1)
FALSE

11. A municipality may exercise only those powers that fall within the matters over which it has
legislative and executive authority (1) TRUE

12. The doctrine of the separation of powers is part of our constitutional framework even though the
Constitution of South Africa does not explicitly make provision for it (1) TRUE
13. The President, as head of the national executive, has the authority to appoint someone as a Judge of
the Constitutional Court whose name does not appear on the list of candidates submitted by the
Judicial Service Commission (1) TRUE

14. The Magistrates Courts enjoy little, if any, independence because magistrates are employees of the
Department of Justice (1) FALSE

15. The fact that the National Prosecuting Authority is constitutionally required to report to the Minister
of Justice on its activities indicates that the National Prosecuting Authority forms part of the
executive am of government (1) FALSE

16. The electoral system currently operating in South Africa is the closed-list proportional
representative electoral system because it reflects the wishes of the voters accurately and makes
it easier for small parties to be represented in the National Assembly (1) TRUE

17. The norms which are used when tagging Bills are sections 75, 76 or 77 it is called the substantial-
measures test and is different from the test applied by the court to characterise a Bill in order to
determine whether the national or the provincial legislature has the legislative competence to enact
the law (1) FALSE

18. Parliament is required to operate in a transparent and accountable manner Therefore, under no
circumstances may the public, including the media, be excluded from a sitting of a committee of
Parliament (1) FALSE

19. All members of Cabinet must be appointed from the ranks of the National Assembly (1) TRUE

20. Under the 1996 Constitution, the President may refer a Bill back to Parliament for consideration
only if a procedural defect had occurred in the legislative process (1)

CSL2601 May/June 2019

1. Reports by state institutions supporting constitutional democracy are authoritative sources of South
Africa's constitutional law (1) FALSE

2. The 1996 Constitution is an example of a flexible constitution because it could be amended quiet
easily (1) FALSE

3. In Doctors for Life International v Speaker of the National Assembly 2006 (6) SA 416 (CC), It was held
that in the overall scheme of the 1996 Constitution, the representative and participatory elements
of democracy are in conflict with each other (1) FALSE
4. The form that constitutionalism takes in South Africa is primarily allochthonous (1) FALSE

5. The constitutional recognition of customary law alongside other legal systems in South Africa,
means that customary law enjoys equal recognition as a source of law (1) TRUE

6. The electoral system currently operating in South Africa is closed- list proportional representative
electoral system because it reflects the wishes of the voters accurately and makes it easier for
small parties to be represented In the National Assembly (1) TRUE

7. Co-operative or multilevel government refers to the division of legislative and executive authority
among the three spheres of government, namely the national, provincial and local spheres of
government (1) TRUE

8. In Albutt v Centre for the Study of Violence and Reconciliation 2010 (3) SA 293 (CC), para 51, the
Constitutional Court held that where the decision is challenged on the grounds of rationality, the
courts are obliged to examine the means selected to determine whether they are rationally
related to the objective sought to be achieved (1) TRUE

9. The President is not bound to follow the recommendations of the commissions of inquiry
established by the President in terms of section 84(2) of the 1996 Constitution (1)

10. A social state reflects the same concerns expressed by adherents to the values of ubuntu as it
focuses on the idea of human solidarity (1) TRUE

11. A municipality may exercise powers other than those that fall within the ambit of matters over
which it has legislative and executive authority (1) TRUE

12. Direct democracy entails direct participation on the part of the citizenry, in the rule and decision-
making of their political community (1) TRUE

13. The national government is not authorised to intervene in local government under the Constitution
of the Republic of South Africa, 1996 (1) FALSE

14. The Magistrates' Courts enjoy little, if any, independence because magistrates are employees of the
Department of Justice and Constitutional Development (1) FALSE

15. In Fedsure Life Assurance v Greater Johannesburg Metropolitan Council 1999 (1) SA 374 (CC), it was
held that local government is a public body exercising delegated powers (1)

16. In Minister of Police and Others v Premier of the Western Cape and Others 2013 (12) BCLR 1365
(CC), it was held that the decision of the premier of the Western Cape to establish a commission of
inquiry was consistent with the Constitution and valid (1) FALSE
17. The norms which are used when tagging Bills are sections 75, 76 or 77 it is called the substantial-
measures test and is different from the test applied by the court to characterise a Bill in order to
determine whether the national or the provincial legislature has the legislative competence to enact
the law (1) FALSE

18. In The Judicial Services Commission and Another v Cape Bar Council and Another 2012 BCLR 1239
(SCA), the court found that the decisions of the Judicial Services Commission about the appointment
of Judges could not be reviewed by courts (1) FALSE

19. Like the President of the United States of America, the President of South Africa has the power to
veto legislation merely because he or she opposes the legislation (1) FALSE

20. In Premier Limpopo Province v Speaker of the Limpopo Provincial Legislature and Others 2011 (11)
BCLR 1181 (CC), the court held that provinces could only legislate in respect of functional areas
falling within Schedules 4 and 5 or if national laws or the Constitution assigned power to the
provinces to legislate on specified matters (1) TRUE

CSL2601 October/November 2019

1. Under the Constitution of the Republic of South Africa, 1996, the government of the Republic is
comprised of four spheres of government, i e national, provincial, metropolitan and local
government (1)

2. The Constitution of the Republic of South Africa, Act 108 of 1996 was passed in plenary by the
National Assembly (legislature) following the same procedure as ordinary legislation and it thus has
the same status as all other legislation (1)

3. The African National Congress, the Economic Freedom Fighters and Black First Land First are all in
favour of amending section 25 of the Constitution m order to give effect to land expropriation
without compensation in terms of section 74(2) of the Constitution, this proposed amendment
requires that 75% of the National Assembly and six out of the nine provinces in the National Council
of Provinces vote in favour of the amendment in order for it to be effected (1)

4. In terms of section 102 of the Constitution of the Republic of South Africa, 1996, the National
Assembly may remove the President from office on the grounds of (a) a serious violation of the
Constitution or the law, (b) serious misconduct, or (c) inability to perform the functions of office (1)

5. The Constitution of the Republic of South Africa, 1996 is recognised as an inflexible Constitution (1)

6. Although section 2 of the Constitution confirms the supremacy of the Constitution, the South
African state can still be regarded as a sovereign state (1)
7. South African constitutionalism is only descriptive and normative in nature (1)

8. A referendum is an example of participatory democracy (1)

9. Constitutional recognition of customary law as a legitimate system of law alongside other legal
systems in South Africa means that customary law enjoys equal recognition as a source of law (1)

10. The electoral system in South Africa is a closed-list, proportional representation system because it
reflects the wishes of the voters accurately and makes it easier for smaller parties to be represented
in the National Assembly (1)

11. In President of the Republic of South Africa and Others v South African Rugby Football Union and
Others 1999 (10) BCLR 1059 (CC), It was held that in no circumstances can the President be called
upon to give evidence m court because of the special status and dignity of the President, his busy
schedule, and the importance of his or her work (1)

12. Parliament may assign its legislative authority, including the power to amend the Constitution, to
any legislative body in another sphere of government (1)

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
dispensaton (1)

14. In terms of the Constitution, when appointing members of the Cabinet, the President must select all
ministers from among the members of the National Assembly (1)

15. In Fedsure Life Assurance Ltd and Others v Greater Johannesburg Transitional Metropolitan Council
1991 (1) SA 374, the Court held that the principle of rationality as an incidence of the rule of law is
what determines whether public bodies act lawfully or not (1)

16. The term sovereign political status means that the state is autonomous in respect of decision-
making that affect it Thus, it is not acceptable for the Judiciary to declare that South Africa could not
withdraw from the Rome Statute Establishing the International Criminal Court as the Judiciary has
no Jurisdiction over actions of the state (1)

17. The National Prosecuting Authority is characterised as sui generis it is an independent body yet
remains accountable to the Minster of Justice and Correctional Services in that it is the Minister's
duty to take the ultimate decision as to when highprofile individuals may be arrested for serious
cases such as corruption (1)

18. Representative democracy is evident when the Minister of International Relations and Co-operation
represents South Africa at meetings with other sovereign states (1)
19. The State of the Nation Address delivered by former President Jacob Zuma at a Joint session of the
two Houses of Parliament on 12 February 2015 was disrupted by members of Parliament
representing the Economic Freedom Fighters (EFF) Four minutes in to the President's address, a
member of the EFF rose on a point of privilege, stating 'may we ask the President when he is going
to pay back the money in terms of what the Public Protector has said . . will he pay by EFT, cash or
ewallet?' Consequently, the Speaker asked the Sergeant at Arms and Protection Service Officers to
remove those members from Parliament in terms of section 11 of the Powers, Privileges and
Immunities of Parliament and Provincial Legislatures Act The forcible removal of EFF members
ensued The power to order that Members of Parliament are suspended from or may be removed
from Parliament is a power vested in the Speaker of the National Assembly and is not subject to
review by the Judiciary according to the case of DA v Speaker of the National Assembly 2016 (3) SA
487 (CC) (1)

20. Judicial authority in South Africa is vested in the Judicial Service Commission (1)

21. The case of Mazibuko, Leader of the Opposition in Parliament v Sisulu, Speaker of the National
Assembly 2013 (4) SA 243 (WCC) is the case that clarified that members of smaller (opposition)
parties in Parliament may initiate legislation without first having to seek approval from the Speaker
of Parliament (1)

22. A Judicial tribunal probing the conduct of Judge Nkola Motata found that his conduct and remarks at
the scene of a motor vehicle accident in 2007 were racist The tribunal's recommendation to the
Judicial Service Commission (JSC) is that the Judge be removed from office The JSC consequently
finds the Judge guilty of gross misconduct and the President writes a letter directly after the events
to the Judge to inform him that he is removed from office The President's conduct is valid because
he appointed the Judge, so he is responsible for removing the Judge from office (1)

23. After an investigation into state capture, the Public Protector's Report "The President's Friends"
proposes to take appropriate remedial action by amongst others, Investigating the constitutionality
of the Constitutional Court's decision in Economic Freedom Fighters v Speaker of the National
Assembly (2016) and amendments to various provisions of the Constitution of the Republic of South
Africa, 1996 This falls squarely within the Public Protector's constitutional mandate/power (1)

24. Assume the following facts it appears from a notice in the Government Gazette that the former
North West Premier, Supra Mahumapelo, and a number of members of the Executive Council of the
province decided to change the name of the province The former Premier was of the opinion that
the name "North West" is the name of a compass point or wind direction The notice states that the
name change will occur on 1 December 2019 This conduct is constitutionally valid because it is
protected by section 1 (d) of the Constitution which obliges the Provincial Government to be open
and responsive and to give effect to the sovereignty of the people of the province (1)

25. "Constitutionalism" refers to a system of government in which the will of a single person prevails (1)
26. self-evident' is how the Constitutional Court, per Mogoeng CJ, describes the central role that
international law has assumed in the establishment of South Africa's democracy The Court declared
that international law enjoys 'well-deserved prominence in the architecture of our constitutional
order', imploring the application of international law in 'the development and enrichment of our
constitutional Jurisprudence and by extension the unarticulated pursuit of good governance'
Accordingly, international law is a persuasive source of constitutional law (1)

27. The President acts as Head of State when he acts in terms of section 84 of the Constitution He acts
as Head of the National Executive when he acts under section 85(2)(1) The difference is that when
the President acts under section 85 he must act together with his cabinet (1)

28. Tagging of Bills can be described as 'the question of how the Bill should be considered by the
provinces and in the NCOP' because if there is a substantial effect on 'the interests, concerns and
capacities of the provinces', provinces should be given more power to determine its content, thus It
must be tagged as a section 76 Bill (1)

29. South Africa as a dominant-party democracy because in dominant party democracies, systems
operate within a seemingly democratic sphere, with regular elections and competition from
opposing parties but where the governing party's future defeat cannot be envisaged or is unlikely
for the foreseeable future (1)

30. The Constitution of the Republic of South Africa, 1996 permits a ruling political party to remove or
"recall" the president (1)

CSL2601 May/June 2020

1. A concept of great significance in the field of law – Constitutional Law in particular – is the concept
‘fit and proper’. Attorneys, advocates and judges must all satisfy the requirement that they are ‘fit
and proper’. It is therefore essential that a student studying law ensures that they exhibit the
relevant integrity, honesty and respect for the law so that they can prove that they are ‘fit and
proper’ when applying to be admitted as an attorney or advocate. (1) TRUE

2. A judicial tribunal probing the conduct of a now retired judge found that his conduct and remarks at
the scene of a motor vehicle accident in 2007 were racist. The tribunal’s recommendation to the
Judicial Service Commission (JSC) is that the judge be removed from office. Assume that the JSC
consequently finds the judge guilty of gross misconduct and the President writes a letter directly
after the events to the judge to inform him that he is removed from office. The President’s conduct
is valid because he appointed the judge, so he is responsible for removing the judge from office. (1)
FALSE

3. The form of constitutionalism applied in South Africa is only descriptive and normative in nature. (1)
FALSE
4. Judicial authority in South Africa is vested in the Judicial Service Commission. (1) FALSE

5. South Africa has a constituency-based electoral system. (1) FALSE

6. After an investigation into state capture, the Public Protector’s Report “The President’s Friends”
proposes to take appropriate remedial action by amongst others, investigating the constitutionality
of the Constitutional Court’s decision in Economic Freedom Fighters v Speaker of the National
Assembly (2016) and amendments to various provisions of the Constitution of the Republic of South
Africa, 1996. This falls squarely within the Public Protector’s constitutional mandate, competence
and power. (1) FALSE

7. “Self-evident” is how the Constitutional Court, per Mogoeng CJ, describes the central role that
international law has assumed in the establishment of South Africa’s democracy. The Court declared
that international law enjoys “well-deserved prominence in the architecture of our constitutional
order”, imploring the application of international law in “the development and enrichment of our
constitutional jurisprudence and by extension the unarticulated pursuit of good governance”.
Accordingly, international law is a persuasive source of constitutional law. (1) FALSE

8. Another name for the “substantial measure” test used to determine how and when a Bill should be
tagged and passed as either a section 75 Bill not affecting provinces, or a section 76 Bill affecting
provinces, is the “pith and substance” test. (1) FALSE

9. The Constitution of the Republic of South Africa, 1996 permits a ruling political party to remove or
“recall” the President of the Republic of South Africa. (1) TRUE

10. 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. (1) FALSE

11. Although Constitutional Law is technical and complex, there are certain concepts that we use
every day, such as ubuntu, lekgotla and indaba, that have a close relationship with how we
understand fundamental principles of Constitutional Law and which can help us to decolonise and
Africanise Constitutional Law. (1) TRUE

12. Sujit Choudhry states that “one of the pathologies of a dominant party democracy is the
colonisation of independent institutions meant to check the exercise of political power by the
dominant party, enmeshing them in webs of patronage.” This statement is applicable to the way in
which the Independent Electoral Commission functions in South Africa. (1) FALSE

13. The following is an accurate description of the counter-majoritarian dilemma: Parliament is

composed of a maximum of 400 members who have been duly elected by the people to represent
the people concerning the passing of legislation and holding the executive accountable. The
dilemma arises when members of opposition parties do not support the wishes of the majority party
 in Parliament. The opposition parties could be seen to be counter-revolutionary in their opposition
to the majority and this violates the principle of democracy. (1) FALSE

14. On the issue of appointing the Chief Justice of South Africa, or even renewing the tenure of the
incumbent Chief Justice, the President has the sole and unfettered prerogative to make this
decision, thus the President is not obliged to consult either the Judicial Service Commission or the
leaders of political parties in the National Assembly in making this decision. (1) FALSE

15. There is no difference between the concepts “spheres of government” and “levels of government”.
(1) FALSE

16. In President of the Republic of South Africa and Others v South African Rugby Football Union and
Others 1999 (10) BCLR 1059 (CC), the Court held that the President may be called upon to give
evidence in a court of law if his evidence is able to assist the court to reach its decision. (1) TRUE

17. The Citation of Constitutional Laws Act 5 of 2005 stipulates that the Constitution of South Africa
must be referenced as Constitution of the Republic of South Africa Act 108 of 1996. (1) FALSE

18. Judicial independence means that judges must be able to revise their opinions as the evidence
requires. This means that if one judge tries to convince another judge about the best outcome of a
case by urging that judge to find in favour of a prominent politician because democracy would be
imperilled if the politician is found guilty, the judge that is trying to convince the other judge is not
intruding on the independence of the judiciary. (1) FALSE

19. Like the President of the United States of America, the President of South Africa has the power to
veto legislation merely because he or she opposes the legislation. (1) FALSE

20. In Doctors for Life International v Speaker of the National Assembly 2006 (12) BCLR 1399 (CC), the
court determined that the stage of law-making when it can intervene to enforce Parliament’s
obligation to facilitate public involvement and to prevent irreversible and material harm, is before
the legislative process is complete. (1) TRUE

21. Magistrates’ courts have the power to declare the conduct of the President unconstitutional. (1)
FALSE

22. A member of the National Assembly is only allowed to introduce a Bill in the National Assembly if
the majority of members in the National Assembly have given the member permission to initiate
such legislation. (1) FALSE

23. Constitutional recognition of customary law as a legitimate system of law alongside other legal
systems in South Africa means that customary law enjoys equal recognition as a source of law. (1)
TRUE
24. It would be accurate to state that a country is democratic if elections are held every five years, even
if only one political party is allowed to stand in the election. (1) FALSE

25. Of the five (5) forms of democracy that exist in the world, South Africa only uses three (3) forms,
namely: direct; representative; and participatory democracy. (1) FALSE