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CSL2601 Exam Review Questions & Answers 2025
Privileges of members of parliament and how these are regulated — Constitutional sections and case law (10) — ANS-Wwv> Privileges of members of parliament that enables them to perform their functions without hindrance. > Privileges are stipulated in S37 (1) of the constitution, > S571) Punish persons for contempl and determine ils own procedures > $57(2) Ireedom of members to say anything without fear of being held liable in court > $57(3) Parliamentary privileges under 1996 Constitution > Regulated by Powers and Privileges of parliament and provincial Icgislation act > NA competent do determine and contral its own internal arrangements, proceedings and procedures and making rules concerning its business > Members freedom of specch as long as they adhere to internal rules — exempt from civil & criminal liability > Parliament competent ta summon persons to give evidence > Parliament entitled lo enforce own internal disciplinary measures Case law for previous question — Speaker of NA y De lille - ANS-WWMs de lille stated she had infa on 12 members of parliament who were spies for the apartheid government, When challenged she mentioned 8 names who were no longer members of the NA, Asked to withdraw her remark — unparliamentary — she did. Ad hoe committee of NA asked that she apologize and be suspended for 15 working days. The NA adopted this recommendation, She challenged its constitutionality in HC. HC held that under the supreme constilution parliamentary privileges were subject Lo judicial review, SCA upheld HC decision because (2) of the constitution guarantees freedom of specch in the NA. NA no constitutional authority to suspend her, Rules amended now — 20 working days suspension. Discuss with specific reference to case law, what you understand by delegation of legislative authority and discuss whether or not parliament may delegate its functions to the executive (10) - ANS-WW In [ixecutive council of the WC v President of the Rep of SA the case involved $16 (a) af the local government transition act which gave the president the power to amend the act by proclamation. President used these powers to transfer certain powers from provincial to national government, The Executive council challenged the constitutionality of S16 (a) and the proclamation issued in terms of it. Can parliament assign its law-making functions to the executive and if under what circumstances? — ANS-Wv> Legislative authority vested in parliament under S37 of interim constitution. > Parliament cannot be expected to deal with all matters > No provision preventing parliament from delegating subordinate regulatory authority to other bodies and the power to do so is necessary for effective law- making Court decided in the above mentioned case that parliament delegating the power to amend its laws Lo the president — inconsistent with doctrine separalion of powers and constitution Not allawed under new constitutional dispensation, Parliament cannot delegate its law-making power to executive (president) Constitution & case law — What is counter—majoritarian? - ANS-Wv> The relationship between supreme constitution & Courts testing powers — All law and conduct must comply with it — if not declared invalid — S172 obliges courts to declare law inyalid, Testing powers of court reinforees supremecy of the constitution, > the counter—majoritarian is where 11 judges have declared a law inyalid, but the law they declared invalid was a law passed by 400 parliamentarians, Principle of rationality — Must be a logical connection with what JSC was tasked to da and conclusion the reached, There was no rational relationship between the two as the JSC simply disregarded the complaint and there was ample evidence, RULE OF LAW — If law states specific thing must be complied with. No one is above the law. JSC created impression Judge [lope untouchable. 7 years and matter still not dealt with, Important that constitution sets out procedure to the last Ietter, JSC — not arrive at correct decision — Their failure defies natural law principle — both sides must be heard and justice must be donc not only seen to be done as the independence of judiciary is vital for our constitutional democracy. Ex parte president of rsa: In Re constilutionality of the liquor bill — Refusal of president to assent liquor bill passed by NA — reservations about its constitutionality. Circumstances in which president is allowed to refer a bill ta the constitutional court for a decision on its constitutionality and the scope of the courts power in this regard? (8) — ANS-Vwv> S79(4) President may refer a bill to CC for a decision on its conslilutionalily only if his reservalions of the constitutionality af the bill have not been accommodated by parliament. > S79 (4) (b) Presidential power limited > $172 Powers of court in dealing with constitutional matters > If the president has no reservations or his reservations haye been accepted by parliament the referral would be incompetent. > CC need only consider presidents reservations about the constitutionality of the bill and nol the bill in its entirety Acting chairperson: JSC and others y Premier of WCP and freedom under law v acting chairperson: JSC and others. With reference to these cases and the constitution, critically discuss the extent, if any, to which the JSC he s contributed towards: Independence of the Judiciary? - ANS-Wv> Requires judges [ree to decide matters befare them with facts in relation to the law without interference from other bodics, persons or partics, > Judicial independence expressly entrenched in our constitution. > $165 of the constitution — Judicial authority of republic vested in the courts which are independent — Subjcct to constitution and law only which they must apply without fear, prejudice or favor, > No person or organ of state may interfere with the functioning of the courts : Transformation of the judiciary? -— ANS-WWIlelen Suzman ¥ Foundation y JSC and others: JSC interviewed Adv Jeremy gauntlet to fill a vacancy in the CC, Gauntiett was a great legal mind with vast experience. $174 (1) of the constitution provides that a candidate must be suitably qualified, Only r president — White. Constitution states that judiciary must reflect the gender & racial on why his name not submitted to profile of SA — already heavily criticized for number of white men on bench, Is selection af judges subject to judicial review? - ANS-WW Yes. Justice alliance of SA v president of RSA and others, freedom under law y president of RSA and others, centre for applicd legal studies renew the tenure of chicf justice sandile ngeobo not regarding the JSC and its and another, In this case president zuma attempted to recommendations, South Africa's Constitutional supremacy and the rule of law — procedures that must be followed to give cffect to the constitution — if not judiciary my intervene, Section 89 of the constitution provides for the remoyal of the president. Who has power to remove him? On what grounds can he be remoyed? What other method is Assume government not happy with decision and wants to appeal. With reference to the constitutions 17th amendment act 2012, which court will have jurisdiction to hear this appeal and make the final decision on the matter? — ANS-Wv> Before 2013, $167 (3) (a) CC was the court of final instance. (3) (a) > August 2013 the 17th amendment act was passed and amended $16 > This act changed the jurisdiction of the CC — highest court in the republic — may consider all matters incl constitutional matters > The government can appeal to the CC which will decide if they want to hear the matter or not. > CC will hear matter — if matter raises arguable point of law — necessary for CC to give clarity on this point of law With reference to the concept of Ubuntu, Comparison between constitutionalism & Ubuntu using case law, provisions of the constitution & fundamental principles and concepts underpinning constitutional law reach a legally sound compelling conclusion? — ANS-v¥v> Ubuntu incorporated in SA constitution of 1993 > 1996 Constitution no mention of ubuntu but notion referred to in some case law. > Ubuntu inherent is Customary law > Constitution is indigenous the concept of ubuntu is spread throughout the Constilulional system of SA > Ubuntu — humanity, personhood, compassion, moralily and humanness > Sa — multimparty democracy — everyone counts in society > Ubuntu signifies that everyone must act in solidarity towards a common objective (No space for corruption) > Morality linked ta the rule of law > Ubuntu — participation in legislative process — everyones opinion counts if a matter affects them > Constitutionalism — principle of system of government in accordance with the constitution, > Government must act in accordance with law — Gets its legitimacy and power from Constitution > Constitutionalism limits state power > Constitutionalism prescribes how state power should be exercised > $2 Constitution supreme law of the land > S7 (1) Bill of rights > [founding valucs of Constitution coincide with values of ubuntu > S$ vy Makwanyane the CC referred to Ubuntu as the concept which could serve as a basis from which interpretation of the bill of rights could proceed, Although SA has a history of division — ubuntu is a thread that runs across cultural lines > Ubuntu — forefront of constitutional interpretation of fundamental rights In February 2014 the Minister of Rural Development and J.and Reform, Gugile Nkwinti, published a policy paper on land reform and restitution titled ‘Strengthening the Relative Rights of People Working the Land'. This policy has been adopted pursuant to the Green Paper on J.and Reform which was passed in 2011, The policy proposes that farm laborers assume ownership of half the land on which they are employed. The ownership would be ‘proportional ta their contribution to the deyclopment of the land, based on the number of years they had worked on the land’, The ‘historical owner! of ction 25 the [arm ‘automatically retains’ the other halJ, in spite af the provisions of s of the Constitution which protects the right to property. According to the Minister, farmers, farm workers and unions have until 201 to comment and contribute to the policy proposal. You are required to write a brief, but well-substantiated essay in w — ANS-Wv> Policy paper — Constitutional in respect of procedural and substantive aspects > Process lor enactment of legislation is beyond reproach — follows usual channels and public participation > Parliament superior and special place in political scene — Must be respected especially when busy with legislative business > Unparliamentary language is unfavorable language not protected under freedom of speech and brings parliament in disrepute > 2 instanees where Minister lindiwe sisulu told DA Mp David Maynicer to sit his flea invested bady down and the other where Speaker Mbete called malema a cockroach — No immunity in terms of $58 (1) (b) 
