CONFIDENTIAL (CSL2601)
MAY/JUNE 2025
UNIVERSITY EXAMINATIONS
May 2025
CSL2601
Constitutional Law
100 Marks
Duration 4 (four) Hours
First examiner: Prof L Stone
Second examiner: Mr M Ndou
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING
THE EXAMINATION QUESTIONS.
1. The examination question paper counts 100 marks. Answer all five (5) of the questions.
2. This examination question paper consists of five (5) pages.
3. The duration of the examination is four (4) hours. In addition to the duration of the
examination indicated on the timetable, you are given 30 minutes to FINALISE the
uploading of your exam file. Your exam file must be uploaded via the myExams
platform on 20 May 2025 BEFORE 17:15 (South African Standard Time).
4. This is a limited open book examination. You may refer to the Constitution of the
Republic of South Africa, 1996, the prescribed textbook and Tutorial Letter 102 BUT NO
OTHER ONLINE SOURCES, ESPECIALLY CHATGPT, COURSEHERO, STUDOCU,
TELEGRAM, ETC. DO NOT CUT AND PASTE ANSWERS FROM ANY SOURCE. DO
NOT RELY ON ARTIFICIAL INTELLIGENCE FOR ANY REASON WHATSOEVER.
5. An open-book exam is a test at a higher level than the usual type of exam, where memory
is tested as much as insight. You are expected to prove that you can use information,
rather than merely repeat it. In brief, what is being tested is factual knowledge,
understanding and the correct application thereof, not memory skills. You need to
demonstrate that you know what statutory or other provisions and case law are
applicable in a specific context. You are expected to identify precisely what information
applies, and then explain why you think so.
5.1 As you have the Constitution and textbook available when answering questions, we do
not give marks for direct quotations. You are therefore assessed on your level of
understanding of the legal principles by looking at how well you convey the principles.
6. The examination is proctored via Turnitin, but with some features of the Invigilator
App also being used. You must activate (log in to) the Invigilator App between 12:30
and 13:15 by scanning the QR code.
PLEASE NOTE:
If you experience challenges with the Invigilator
app, please send a WhatsApp message to the
technical helpdesk on 073 505 8273.
Do not contact the lecturer.
For all other exam-related challenges, you may
contact the SCSC on 080 000 1870 or e-mail
Examenquiries@unisa.ac.za or refer to Get-Help
for the list of additional contact numbers.
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7. When ready to submit, open the assessment and click on the Add Submission button.
7.1 Note: You only get 30 minutes on the myExams portal.
7.2. Note the file requirements such as:
a. File size limit; b. Number of files that can be submitted; c. File formats allowed.
7.3. Check the acknowledgment checkbox and upload your answers document and then
click on the Save changes button.
7.4. Review your submission information regarding the status and click on your submission
file link to check if it is correct.
7.5. If you need to resubmit a file, you can click on the Edit Submission button. Note: You
will need to delete any existing files.
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7.6 Use proper PDF conversion software to create the final file for upload. Your submission
on the myExams platform on Moodle must be made in the form of one PDF document.
Add your student number and the module code in the file name. That will assist you to
select the correct document to upload during submission. Preview your submission
(answer script) to ensure legibility and that the correct file has been uploaded.
8. Your take-home exam MUST be typed in Arial font, size 12; the text must be justified;
and all of the pages must be numbered in the bottom right-hand corner.
9. Only the last file uploaded and submitted will be marked. Your examination answer file
will not be marked and you will obtain a mark of 0% if:
9.1 you write your answers by hand.
9.2 you send your examination answer file via email.
9.3 you submit the incorrect examination answer file.
9.4 you submit your examination answer file in the incorrect file format.
9.5 you submit a password-protected or “read only” document.
9.6 you fail and/or refuse to accept the Turnitin EULA.
9.7 you answer the questions in a language other than English.
10. You will not be allowed to resubmit after the closing date and time of the exam.
11. You must complete the online declaration of own work when submitting. By ticking the
Honesty Declaration, you confirm that you have read (i) the University’s Policy on
Copyright Infringement and Plagiarism and the Student Disciplinary Code, which are
both available on myUnisa: www.unisa.ac.za/unisarules, and (ii) the information relating
to student values and plagiarism that is found at
https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and-rules
12. Students suspected of dishonest conduct during the examinations will be subjected to
disciplinary processes. Students may not communicate with other students, or request
assistance from other students during examinations. Plagiarism is a violation of
academic integrity, and students who do plagiarise or copy verbatim from published work
will be in violation of the Policy on Academic Integrity and the Student Disciplinary Code
and may be referred to disciplinary hearing. Unisa has a zero tolerance for plagiarism
and/or any other forms of academic dishonesty.
13. Unless a student is exempted because of disability or incarceration, students who have
not utilised invigilation or proctoring tools will be deemed to have transgressed Unisa’s
examination rules and will have their marks withheld.
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ANSWER ALL OF THE QUESTIONS BELOW, RELYING ON APPROPRIATE AND
RELEVANT AUTHORITY TO SUBSTANTIATE ALL OF YOUR ANSWERS
Question 1
Are the statements below true or false? Explain your answer fully.
1.1 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? (7)
1.2 The High Court has the requisite constitutional jurisdiction to decide on the
constitutionality of amendments to the Constitution, such as the proposed
amendment in the form of the Bill Amending the Constitution to introduce an Anti-
Corruption Commission. (4)
1.3 Every exclusive, concurrent and assigned competence of the legislative branch
within the three spheres of government is contained in Chapters 3, 4, 6 and 7 of
the Constitution only. (5)
1.4 In terms of the Constitution of the Republic of South Africa, 1996, the President
has the right to veto any legislation that he disagrees with. (6)
[22]
Question 2
In the case of Sachs v Minister of Justice 1934 (AD) 11 at 37, the Appellate Court
stated that:
Parliament may make any encroachment it chooses upon the life, liberty or property of any
individual subject to its sway, and … it is the function of the courts of law to enforce its will.
When read in present-day South Africa, would this statement be considered as
fundamentally and fatally flawed? Motivate your answer by referring to appropriate
concepts pertaining to Constitutional Law. [18]
Question 3
How are you as an individual integrally involved in the optimal functioning of
Constitutional Law? [15]
Questions continued on page 5…
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Question 4
Is history ever relevant when a court is deciding a constitutional matter? Explain your
answer with reference to at least one case that has been decided since 2015. [15]
Question 5
Provide sound explanations – and specific reference to relevant case law – to show
how the concepts of the rule of law and “fit and “proper” apply to persons elected to or
appointed to positions in terms of the Constitution of the Republic of South Africa,
1996. Your answer must include a discussion of whether there are any limitations
regarding who is eligible for election or appointment to the specified positions. [30]
TOTAL: 100
©
UNISA 2025
