2013 Tutorial Letter 201

2013 - TUTORIAL LETTER 201
1.1 As Germany has a comparative foreign law, South African courts are obliged to consider German
law as a primary source of South African law when interpreting any legislation. This statement is
FALSE (2). Foreign law is not a primary source of South African law but is a secondary source with
persuasive value. In fact, section 39 provides that courts may (and not must) consider foreign law
1.2 Read the following scenario and indicate whether the statement that follows is true or false: In
2011 the South African Police Services entered into a lease agreement with a certain Mr Robert
Shabane in respect of a certain building in the city centre of Pretoria to accommodate its staff. The
relationship that flows from the lease agreement between the South African Police and Mr
Shabane is regulated by public law because the state is involved in the relationship. This
statement is FALSE (2). Although the state is involved in this relationship, it is not exercising state
authority.
1.3 A supreme constitution and an inflexible constitution are one and the same thing. This statement
is FALSE (2). Although the supremacy or otherwise of the constitution deals with the status of a
particular constitution when compared to ordinary laws and whether ordinary laws can be tested
against that constitution, the inflexibility or otherwise of a constitution deals with the difficulty or
ease with which a particular constitution can be amended.
1.4 In South Africa, the Westminster system of parliamentary sovereignty was already replaced with
constitutional supremacy as early as 1983. This statement is FALSE (2). This was only done with the
introduction of a supreme constitution firstly in 1993, and later in 1996.
1.5 In a constitutional law relationship, the state is always involved and it always exercises state
authority. This statement is TRUE (1).
1.6 Intergovernmental relations play an invaluable role in representing local government interests in
the national and provincial spheres. This statement is TRUE (1).
1.7 The exclusive legislative authority of provinces means that only the National Assembly has the
power to make laws in relation to certain matters and that the national legislature generally does
not have any authority in relation to these matters. This statement is FALSE (2). Exclusive
legislative authority of provinces means that only provincial legislatures (not the National Assembly)
has the sole power to make laws in relation to certain matters listed in Schedule 5 of the
Constitution but in certain circumstances the national legislative authority might intervene.
1.8 A provincial legislature may pass a constitution for the provinces or, where applicable, amend its
constitution if at least two-thirds of its members vote in favour of the Bill. This statement is FALSE
(2). Although a provincial legislature may indeed pass a constitution for the province concerned, it
does not require a two thirds majority of its members to do so.
1.9 South Africa is a democratic state and this means that people’s representatives in Parliament,
provincial legislatures and municipal councils are free to make whatever laws they wish and are
not bound to observe the norms and values embodied in the Constitution. This statement is FALSE
(2). In South Africa, in addition to representative democracy, constitutional supremacy reigns. This
effectively means that elected representatives are not free to pass whatever laws they wish but
must adhere to the norms and values embodied in the supreme Constitution.
1.10 In a parliamentary system of government such as the South African one, the president is elected
by voters and he or she must resign if voters adopt a motion of no confidence in him or her. This
statement is FALSE (2). This is actually the case in a presidential rather than a parliamentary system.
1.11 The doctrine of separation of powers entails the division of state authority between the national,
provincial and local spheres of government. This statement is FALSE (2). Separation of powers is a
term of art meaning only the division of state authority between the legislature, the executive, and
the judiciary.
1.12 Intergovernmental relations may be defined as the interaction between the various spheres of
government with a view to achieving a common goal which is beneficial to the country. This
statement is TRUE (1).
1.13 The independence of the judiciary entails the functional and personal independence of the judges.
This statement is TRUE (1).
1.14 The Constitutional Court in Merafong Demarcation Forum v President of South Africa 2008 (10)
BCLR 968 (CC) affirmed the rationality test in the exercise of public power. This statement is FALSE
(2). It confirmed the reasonableness test and not the rationality test.
1.15 The president, as the head of the national executive, also serves as the chairperson of the Judicial
Services Commission. This statement is FALSE (2). The Chief Justice, rather than the President who
is the head of government, is the head of the judiciary who heads the JSC.
1.16 To enable members of Parliament to perform their functions without hindrance, parliamentary
privileges enjoy immunity from judicial review. This statement is FALSE (2). It was held in the De
Lille case that like any other government organ or government conduct, both parliament and
parliamentary privileges are indeed subject to judicial review due to the supremacy of the
Constitution.
1.17 According to the Constitution of 1996, the President can refer a Bill back to the National Assembly
for reconsideration only if a procedural defect has occurred in the legislative process. This
statement is FALSE (2). This was the situation under the interim Constitution. However, in terms of
section 79 of the 1996 Constitution the President must refer a Bill back to the National Assembly if
he has reservations about the Bill’s constitutionality either on procedural or substantive grounds.
1.18 In South Africa, as soon as a person is elected state president, he or she ceases to be a member of
the National Assembly. This statement is TRUE (1). See section 87 of the Constitution.
1.19 In Minister of Justice and Constitutional Development v Chonco, the Constitutional Court held that
presidential powers can be transferred to a cabinet minister. This statement is FALSE (2). The court
actually held the opposite of this statement. It indicated that presidential powers cannot be
transferred to members of cabinet as this would result in uncertainty as to what constitutional
obligation is imposed upon whom.
1.20 According to section 83 of the 1996 Constitution, the President is the head of the national
executive, and therefore all his powers involve the exercise of executive authority. This statement
is FALSE (2). Section 83 actually provides that the President is both a head of state and head of the
executive. In fact, all powers exercised by the President in terms of section 84 are not executive
powers but powers of a head of state.
2016 - TUTORIAL LETTER 201: SEMESTER 1

1. The judicial authority of South Africa is vested in the Judicial Service Commission. (1) FALSE. The
judicial authority of South Africa is vested in the courts, as provided for in section 165(1) of the
Constitution.
2. In South Africa, as soon as a person is elected state president, he or she ceases to be a member of
the National Assembly. (1) TRUE. Section 78 of the Constitution is authority for this.
3. In June 2015, the Marikana Commission of Inquiry, appointed by the president in terms of section
84(2)(f) of the Constitution of South Africa, 1996, released its final report. The president is bound
to follow the recommendations made by this commission in its report.(1) FALSE. Paragraphs 146
to 148 of Sarfu III confirm that the president is not bound to follow the recommendations of the
commission. By their very nature they are designed to merely give recommendation to the
president about an issue over which the president and his/her advisors do not have sufficient
knowledge.
4. Constitutionalism includes the idea that the power of the state is limited by a constitution in
which fundamental rights are protected. (1) TRUE. A constitutional state has a variety of features,
including a supreme constitution; adherence to the rule of law; separation of powers; protection of
human rights; an independent judiciary; and democracy through regular elections. While it is
evident that the protection of fundamental rights is only one of the features of constitutionalism,
the essence of constitutionalism is that it is the constitution which elaborates the powers and
functions of all organs of state and also determines the limits of their powers, thus ensuring that the
constitution remains the highest law of the land and regulates all aspects of the state’s functioning.
5. 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) FALSE.
Local government exercises its own original powers that have been conferred on it by the
Constitution, particularly those contained in Part B of Schedule 4 and Part B of Schedule 5 of the
Constitution. The implication of this is that provincial or national government has no right to usurp
the powers or functions of local government, because it is an independent sphere of the state.
During the pre-1994 era, municipalities were classified as mere administrative agencies exercising
delegated or subordinate powers. Local government thus has entrenched powers, functions, rights
and duties that may be qualified or constrained by law and only to the extent that the Constitution
permits.
6. 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) TRUE. Each state will invariably develop their own form of separation of
powers. See, for example, the case of Smuts v De Lange NO, where the Court held that “over time
South Africa will develop its own unique form of separation of powers, which takes into account
South Africa’s past and the need to finely balance the interests of the state and the interests of the
people, by permitting the judiciary to intervene if the legislature or executive are failing to fulfil their
obligations”. In the context of the Certification case, the Constitutional Court refused to engage in
political decision-making and impose itself on the Constitutional Assembly. It thus gave the
Constitutional Assembly the freedom to decide how it intended to ensure that the separation of
powers exists in South Africa.
7. 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) FALSE. The President can be called to give evidence in court. In fact, it
has happened on a few occasions, such as when President Nelson Mandela had to give evidence in
court in the case of Executive Council of the Western Cape Legislature v President of the Republic of
South Africa (1995), because Mandela had amended a national law that had the effect of intruding
into the functioning of the Western Cape Province. Therefore, if it is necessary for the proper
administration of justice that the President gives evidence in court, then he/she may be called upon
to do so.
8. It is a privilege of members of parliament to be able 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. The case of De Lille v Speaker of the National Assembly is an
excellent example of the fact that parliamentary privileges are subject to judicial review. At
paragraph 25 of the judgment, the Court, per Hlophe J, held that under a supreme Constitution the
exercise of parliamentary privileges is subject to judicial review because, as an organ of state,
parliament is bound by the Bill of Rights and the provisions of the Constitution. At paragraph 62, the
Court concluded that the nature and exercise of parliamentary privilege must be consonant with the
Constitution (and if it is not, it must be declared invalid). The exercise of parliamentary privilege,
which is clearly a constitutional power, is not immune from judicial review. This reinforces what is
stated in section 2 of the Constitution, namely that the Constitution is supreme and that all law and
all conduct is subject to it. Therefore, if parliament is a constitutionally established body, it certainly
does have the right to regulate its own internal matters. However, it cannot do as it pleases (such as
suspending Patricia de Lille without a fair hearing), because the Constitution provides in section 8(1)
that the Bill of Rights (which has provisions on fair trial rights; on political rights; on freedom of
association; on freedom of speech, etc.) binds the legislature, executive and judiciary.
9. An inflexible constitution is a constitution that is difficult to amend owing to the fact that it can
only be amended in consultation with the President of the country. (1) FALSE. While it is true that
an inflexible constitution is difficult to amend; it can be amended if the required special procedures
are followed and special majorities obtained. As such, the president actually plays no role in
amending the constitution. Instead, the provisions of section 74 of the Constitution are to be
complied with, which dictate that if section 1 or section 74 of the Constitution are to be amended,
then the National Assembly must vote in favour with a 75% majority. In addition, at least six out of
the nine provincial legislatures sitting in the National Council of Provinces must vote in favour of
such an amendment. If it is Chapter 2 of the Constitution which is to be amended, then a 66.6% vote
in favour by the National Assembly must be achieved, as well as a vote in favour by at least six out of
the nine provinces. If any other provision of the Constitution is to be amended, 66.6% of the
members of the National Assembly must vote in favour. If the amendment relates to a matter that
affects the National Council of Provinces; or alters provincial boundaries, functions or institutions; or
amends a provision that specifically deals with a provincial matter, then at least six out of the nine
provinces must also vote in favour.
The President plays absolutely no role in determining whether or not the Constitution is to be
amended. He is head of the executive; not head of the legislature. Remember that in terms of the
separation of powers doctrine, the legislature is responsible for drafting, amending, passing;
repealing legislation, while the executive implements policy and law.
10. The right of the media and ordinary members of the public to attend parliamentary committee
sessions is a privilege granted by Parliament. (1) FALSE. It is the Constitution, not Parliament itself,
that guarantees the right of the public and the media to its National Assembly AND to its
committees. This is provided for in section 59(1)(b) of the Constitution (for the National Assembly)
and section 72(1)(b) for the National Council of Provinces, which stipulate that business must be
conducted in an open manner and sessions must be held in public, but reasonable measures may be
taken to regulate public access, including access to the media.

1. There is no criterion for the selection and appointment of judges to the Constitutional Court. (1)
FALSE. Section 174 of the Constitution states that the criteria for appointment of judges to the
Constitutional Court are: “appropriately qualified”; “fit and proper”; “woman or man”; “South
African citizen”; “racial and gender composition of South Africa must be considered”; and “at least
four members of the Constitutional Court must be persons who were judges at the time they were
appointed to the Constitutional Court”.
2. According to the Constitution, when appointing members of the Cabinet, the President must
select all Ministers from the members of the National Assembly. (1) FALSE. Section 91(3)(c) states
that the President may select no more than two Ministers from outside the Assembly when
appointing members of the Cabinet.
3. 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) TRUE. At paragraph 227 of the judgment, Sachs J
states that, in South Africa, “we have developed a rich culture of imbizo, lekgotla, bosberaad, and
indaba”; hence public involvement in our country “has ancient origins and continues to be a strongly
creative characteristic of our democracy”.
4. The provincial legislatures have exclusive legislative authority in relation to matters which fall
under Schedule 4 of the Constitution. (1) FALSE. Schedule 4 of the Constitution sets out those
functional areas over which both the national legislature and the provincial legislatures have
concurrent competence. It is Schedule 5 which sets out the functional areas over which the
provincial legislatures have exclusive legislative authority, albeit that Part B of Schedule 5 sets out
the areas over which local government may regulate its own affairs.
5. In the case of Democratic Alliance v President of South Africa and Others 2012 (12) BCLR 1297 (CC),
the court affirmed that the principle of legality has become possibly the most important and often
invoked principle of the rule of law in South Africa. (1) TRUE. The principle of legality can be
described as the notion that the exercise of public or governmental power is legitimate and valid
only when it is lawful. As a principle of the rule of law, this means that even the President is bound
by the law and must apply his mind to the provisions of relevant laws, such as the National
Prosecuting Authority Act when appointing the National Director of Public Prosecutions. If the
President fails to do so, his exercise of public power is invalid.
6. 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) FALSE. The National Council of Provinces
also participates in the legislative process.
7. 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)
TRUE. It is evident from the structure of the Constitution that a clear separation of powers exists, in
that Chapters 4, 5 and 8 of the Constitution make provision for the legislature, the executive and the
judiciary, respectively. Moreover, there has been a multitude of cases where the courts have
categorically stated that a distinct form of separation of powers exists in South Africa and that each
of the three principal organs of state must respect the institutional integrity of the other.
8. 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. The only qualification is that, if the customary law concerned is not compatible with
the Bill of Rights, it must be developed so that it gives effect to the spirit, purport and objects of the
Bill of Rights (as stated in section 39(2) and (3) (read conjunctively)).
9. In a constitutional democracy like that of South Africa, Parliament is allowed to delegate its
“essential legislative functions”, including the power to amend its laws, to the executive, including
the President and Cabinet Ministers. (1) FALSE. According to the case of Executive Council of the
Western Cape Legislature and Others v President of the Republic of South Africa and Others, the
court held that, while delegation of legislative power is indeed permissible, the doctrine of
separation of powers demands that there be limits to the nature or extent of the power to be
delegated by Parliament to the executive. Therefore, Parliament cannot delegate its plenary
(essential legislative functions) to the executive branch; it can only delegate subordinate regulatory
authority to other bodies.
10. There is a difference between constitutional supremacy as a value captured in section 1 of the
Constitution and the declaration of constitutional supremacy as a binding and enforceable rule set
out in section 2 of the Constitution. (1) FALSE. The effect of constitutional supremacy being stated
as a value and as a rule results in the same conclusion. The effect of constitutional supremacy is that
the Constitution is the supreme law of the land and all law and all conduct must comply with the
Constitution, failing which it must be declared invalid; hence even the value of constitutional
supremacy is binding and enforceable.

1. Doctors for Life International v Speaker of the national Assembly and Others 2006 (12) BCLR 13 99
(CC), the Court determined that the stage of legislation 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. FALSE: in paragraph 56 in Doctors for
Life International case it was held that it was not competent for the court to intervene and grant any
relief in relation to the Bill, save at the instance of the President before, the President has assented
to and signed the Bill.
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 Makeleni’s pleas on
national radio are futile because the national government is never authorised to intervene and
assist municipalities when it fails to fulfil and executive obligation. FALSE: section 139 (5) of the
Constitution empowers provincial government to intervene in a municipality if the municipality fails
to deliver services. However section 139 (7) of the obligate national government to intervene in a
municipality if provincial government fails to intervene adequately in in the municipality.
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. FALSE: the term “Level” refers to hierarchical division of
government structures and powers of the past when local government was the creature of Statute
and under strict control of provincial government on the other hand the term signals a new era of
cooperative, distinct government structure where local government is afforded constitutional
recognition and protection.
4. It is a privilege of members of parliament to be able 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. The case of De Lille v Speaker of the National Assembly is an
excellent example of the fact that parliamentary privileges are subject to judicial review. At
paragraph 25 of the judgment, the Court, per Hlophe J, held that under a supreme Constitution the
exercise of parliamentary privileges is subject to judicial review because, as an organ of state,
parliament is bound by the Bill of Rights and the provisions of the Constitution. At paragraph 62, the
Court concluded that the nature and exercise of parliamentary privilege must be consonant with the
Constitution (and if it is not, it must be declared invalid). The exercise of parliamentary privilege,
which is clearly a constitutional power, is not immune from judicial review. This reinforces what is
stated in section 2 of the Constitution, namely that the Constitution is supreme and that all law and
all conduct is subject to it. Therefore, if parliament is a constitutionally established body, it certainly
does have the right to regulate its own internal matters. However, it cannot do as it pleases (such as
suspending Patricia de Lille without a fair hearing), because the Constitution provides in section 8(1)
that the Bill of Rights (which has provisions on fair trial rights; on political rights; on freedom of
association; on freedom of speech, etc.) binds the legislature, executive and judiciary.
5. The President may not serve more than two full terms in office, which is ten years, and there is no
exception to this rule. FALSE: In terms of section 88(2) of the Constitution if the President is elected
to fill a vacancy which has occurred between elections, the period he or she serves until the next
election will not count as part of one of the two terms. Thus a President who takes over the
presidency half way through the term of the National Assembly, and then serves out that half term
plus two full terms, could serve more than ten years as President.
6. The recommendations of the commission of inquiry established by the President in terms of

section 84 (2) of the 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. FALSE. Paragraphs 146 to 148 of Sarfu III confirm that the President is not bound to
follow the recommendations of the commission. By their very nature they are designed to merely
give recommendation to the president about an issue over which the President and his/her advisors
do not have sufficient knowledge.
7. The constitutional recognition of customary law as a legitimate system of law alongside other
law TRUE: In terms of section 211 (3) of the Constitution, the courts must apply customary law
when that law is applicable, subject to the Constitution and any legislation that specifically deals
with customary law. Thus customary law is a source of law equivalent to the common law.
1059 (CC), it was held that under no circumstances at all can a President be called upon to give
importance of his work. (1) FALSE. The President can be called to give evidence in court. In fact, it
has happened on a few occasions, such as when President Nelson Mandela had to give evidence in
court in the case of Executive Council of the Western Cape Legislature v President of the Republic of
South Africa (1995), because Mandela had amended a national law that had the effect of intruding
into the functioning of the Western Cape Province. Therefore, if it is necessary for the proper
administration of justice that the President gives evidence in court, then he/she may be called upon
to do so.
9. 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. FALSE: Regular elections are
essential tools of representative democracy. The common understanding of representative
democracy is that it is a multiparty democracy rather than a one –party state or some other
formulation that places limits on political participation at a party- political level.
10. In South African Constitutional Law in Context (2014), the authors quote Sujit Choudhry who
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”. It is therefore accurate to state that an unfortunate implication of this is that there is
no separation of state and party in present South African context. This was evidenced, amongst
others, on 12 February 2015 during the State of the Nation address when Baleka Mbethe, 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 EFF
and DA members of Parliament to leave Parliament even instructed the South African Police
service, which forms part of the executive, to physically remove EFF and the DA members that
evening. TRUE: In page 34 In South African Constitutional Law in Context the authors quote
Choudhry explaining that a system in which one political party continuously wins overwhelming
electoral victories in free and fair elections as in the case of South Africa is often referred to as a
dominant party democracy

1. 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 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 the unconstitutionality, the Court drafted a new law, called the Eradication of
Corrupt Activities Act 24 of 2013. (1) FALSE. In terms of the separation of powers doctrine, the
judiciary is not permitted to intrude into the proper domain of the legislature and write laws on its
behalf. Therefore, the judiciary referred the matter back to the legislature with the instruction to
ensure that the new law that is drafted guarantees the operational and structural independence of
the Hawks.
2. 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. Smallfontein cannot yet be classified as a state. The
characteristics of a state are:
1) a specific, geographically defined territory
2) a community of people who live within that territory
3) a legal order to which the community is subject
4) an organised system of government which is able to uphold the legal order
5) a certain measure, at least of separate political identity, if not sovereign political status.
From the facts we are able to determine that despite the fact that the first four requirements are met,
Smallfontein is still in the process of applying for independent legal status, thus it does not yet have a
separate political identity. Since not all of the requirements have been met, it is not a state.
3. The rule that Parliament may delegate powers to other branches of state 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 another body”. What this
entails is that Parliament may not delegate its “essential legislative functions” to the executive,
although it is free to delegate power to make regulations which are aimed at implementing
legislation. (1) TRUE. The core duty of drafting original legislation is the exclusive responsibility of
the legislature in terms of the separation of powers doctrine. The legislation passed by Parliament is
often only in “skeleton” form (like the Constitution itself, which does not elaborate on how its
provisions are to be interpreted, but merely states that law). Invariably, in order for the legislation
to “come alive” and be able to be implemented, regulations are required because these give
substance (“meat”) to the law. These regulations that accompany the law are drafted by the
executive, since the executive is responsible for implementing the law and it knows best how the
law should be implemented because it is in possession of the relevant detail concerning the amount
of money and personnel or other resources available in order to implement the law. Thus, the
legislature does delegate the power to make regulations to the executive and this is consistent with
the unique form of separation of powers that South Africa subscribes to.
4. In Executive Council of Western Cape Legislature v President of the Republic 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) FALSE. In terms of the separation of powers doctrine,
it is the legislature’s duty to make, amend and repeal Acts of Parliament, as provided for in section
44 of the Constitution. It would be an invalid and unconstitutional delegation of power for the
legislature to delegate this power to one of the other branches of the state. The only exception to
this rule, however, which still renders the question false because the delegation is not a specific
delegation, but one which is specified in the Constitution, is that the national legislature is permitted
to delegate the making of a law to a provincial legislature if the matter concerns that province. This
is not an unlawful delegation, because the provincial legislature also has law-making powers.
5. Cooperative government refers to division of legislative and executive authority between three
spheres of state: national, provincial and local. (1) TRUE. The distinction between the separation of
powers and cooperative (or multilevel government as it is also referred to) is that the separation of
powers concerns the division of powers and functions between the legislature, the executive and
the judiciary, while cooperative government concerns how the legislative branch operates between
the three spheres (namely national, provincial and local) and how the executive branch operates at
national, provincial and local government level. It is acknowledged, however, that national
government may intervene if local government is not performing its tasks in terms of the
Constitution, whereas the legislature is not permitted to intervene in the executive branch in the
context of the separation of powers.
6. 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) FALSE. There is no difference between the two. See pages 54 to 59 of
the textbook.
7. According to section 83 of the Constitution, the President is head of the national executive;
therefore his powers exclusively involve exercise of executive functions. (1) FALSE. Section 83 also
states that the President is the Head of State. In his capacity as the Head of State, his functions are
not executive functions at all. As stated in section 84, there are certain functions which only he must
perform and which are not executive in nature, such as receiving ambassadors, plenipotentiaries,
and diplomatic and consular representatives. These persons represent other sovereign states, thus
the President is to receive them in his capacity as the head of the sovereign state of South Africa.
8. Magistrates’ courts have power to declare conduct of the President unconstitutional. (1) FALSE.
Section 170 of the Constitution explicitly states that “a court of a status lower than the High Court of
South Africa may not enquire into or rule on the constitutionality of any legislation or any conduct of
the President”. Therefore, magistrates’ courts have no constitutional jurisdiction (the right to decide
matters relating to the constitutionality of a law or conduct).
9. The case of S v Van Rooyen (General Council of the Bar 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. Paragraph 32 of the judgment, as discussed on
pages 227 to 228 of the textbook, highlights that this is the test to be used to ascertain whether the
judiciary is independent.
10. 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 this institution forms part of
the executive arm of government because of the level of ministerial oversight under which it
operates. (1) FALSE. The National Prosecuting Authority is regarded as sui generis (of its own kind).
In fact, it is completely independent of the executive, because if it were part of the executive, this
raises the risk of the decisions by the National Prosecuting Authority concerning who is to be
investigated and/or arrested, being subject to political interference from the executive. All that is
required is that the National Prosecuting Authority report to the Minister of Justice so that the
Minister is aware of what the Prosecuting Authority is doing, but has no right to intervene and
instruct the Prosecuting Authority to act in a particular way. Political interference in the functioning
of the National Prosecuting Authority was seen in the situation of the Minister of Justice ordering
former National Director of Public Prosecutions, Adv Vusi Pikoli, to stop the prosecution of Jackie
Selebi, seemingly at the behest of President Mbeki, who may have been trying to shield Selebi from
prosecution.

1. When the Marikana Commission of Inquiry, appointed by the President in terms of section 84(2)(f)
of the 1996 Constitution of South Africa, released its final report, the President was bound to
follow the recommendations made by this Commission in its report. (1) FALSE. In The President of
the Republic of South Africa v South African Rugby Football Union 2000 (1) SA 1 para 146–8 it was
held that the President was bound neither to accept the Commission’s findings nor to follow its
recommendations.
which fundamental rights are protected. (1) TRUE. The term “constitutionalism” is sometimes used
to convey the idea of a government that is limited by a constitution.
law. (1) TRUE. Section 211(3) of the Constitution directs the courts to apply customary law when
that law is applicable subject to the Constitution and any legislation that deals with specifically
customary law. Therefore, customary law is recognised and placed on the same footing as common
law.
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 dignity of the President, his busy schedule and the importance of
his work. (1) FALSE. In The President of the Republic of South Africa v South African Rugby Football
Union 2000 (1) SA 1 para 243 it was held that careful consideration must be given to make a decision
compelling the President to give evidence, and that such an order should be made if the interest of
justice demands it.
5. Parliament may assign its legislative authority including the power to amend the Constitution to
any legislative body in another sphere of government. (1) FALSE. In terms of section 44 (1) (a) (iii),
Parliament may assign any of its legislative powers, except the power to amend the Constitution, to
any legislative body in another sphere of government.
6. In Oriano-Ambrosini, MP v Sisulu, MP Speaker of the National Assembly 2012 (6) SA 599 (CC), the
Constitutional Court declared invalid the rules of the National Assembly which required a member
of the National Assembly to obtain permission from the National Assembly to initiate and
introduce Bills. (1) TRUE. The Constitutional Court declared invalid the rules of Parliament which
required a member of Parliament to obtain permission from the National Assembly to initiate and
introduce Bills. The Court held in Oriano-Ambrosini, MP v Sisulu, MP Speaker of the National
Assembly 2012 (6) SA 599 para 64 that rules of the National Assembly which would make it
impossible for individual MPs to have their alternative legislative proposals tabled and discussed by
the Assembly diminish democracy and rob voters of the opportunity to judge whether they support
the legislative proposal of the governing party or any given opposition party.
7. Judicial authority of South Africa is vested in the Judicial Service Commission. (1) FALSE. Section
165(1) of the Constitution provides that the judicial authority of the Republic is vested in the courts.
exercising powers delegated by the national and provincial spheres of government. (1) FALSE.
Local government is no longer simply a creature of statute. In terms of section 156 (1) (a) and Part B
of Schedules 4 and 5 of the Constitution, local government derives its powers directly from the
Constitution.
9. According to the Constitution, when appointing members of the cabinet, the President must
select all ministers from members of the National Assembly. (1) FALSE. In terms of section 91(3)(c)
of the Constitution, the President may select no more than two ministers from outside the
Assembly.
10. The right of the media and members of the public to attend Parliamentary committee sittings is a
privilege granted by Parliament. (1) FALSE. Sections 59(1)(b) and 72(1)(b) of the Constitution
requires Parliament to conduct its business in public, unless it is reasonable and justifiable to
exclude the public, including the media, in an open and democratic society.
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 law-making at which it can intervene in order to
enforce Parliament’s obligation to facilitate public involvement and to prevent irreversible and
material harm, is before the legislative process is complete. (1) FALSE: In the Doctors for Life
International case (para 56) it was held that the court does not have competence to intervene and
to grant any relief in relation to the Bill, save at the instance of the President, before the President
has assented to and signed the Bill.
2. In National Director of Public Prosecutions v Zuma 2009 (2) SA 277 (SCA), para 32, the Supreme
Court of Appeal found that the provision of the 1996 Constitution requiring that members of the
National Prosecuting Authority (NPA) act without fear, favour or prejudice and the provision
stating that the Minister of Justice must exercise final responsibility over the NPA are
incompatible. (1) FALSE: In National Director of Public Prosecutions v Zuma 2009 (2) SA 277 (SCA),
para 32, the court found that the provisions requiring that members of NPA act without fear, favour
or prejudice and the provision stating that the Minister of Justice must exercise final responsibility
over the NPA are not incompatible.
3. The form which constitutionalism takes in South Africa is primarily allochthonous, having its roots
in indigenous ideas, principles and experiences. (1) FALSE: Though the form which
constitutionalism takes in South Africa is primarily allochthonous, allochthonous constitutions,
unlike autochthonous constitutions which are indigenous or home grown, are borrowed
constitutions that are based on government systems of other countries.
even if only one political party is allowed to stand in the election. (1) FALSE: In the United
Democratic Movement (UDM) v President of the Republic of South Africa and Others 2003 (1) SA
495, para 26, the court held that a multiparty democracy contemplates a political order in which it is
permissible for different political groups to organise, promote their views through public debate and
participate in free and fair elections.
5. Cooperative government refers to the division of legislative and executive authority among three
spheres of government, namely the national, provincial and local spheres of government. (1)
TRUE: The principles of cooperative government regulate the overlapping of powers between the
different spheres of government, namely the national, provincial and local spheres.
6. Magistrates’ courts have the power to declare the conduct of the President unconstitutional. (1)
FALSE: In terms of section 170 of the Constitution, magistrates’ courts may decide any matter
determined by an Act of Parliament, but may not enquire into or rule on the constitutionality of any
legislation or any conduct by the President.
7. As South Africa has adopted a German model of integrated federalism, 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: In terms of section 39 (1) of the Constitution, South African
courts are obliged to consider international law, and are not obliged to – but have discretion to –
consider foreign law when interpreting the Bill of Rights and, by extension, when interpreting any
legislation on federalism.
TRUE: In the South African Association of Personal Injury Lawyers v Heath and Others 2001 (1) SA
883, paras 18–20, the Constitutional Court held that although there is no explicit reference to or
mention of separation of powers in the Constitution, it is implicit in the Constitution and has equal
force as an express constitutional provision.
9. 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: The case De Lille and Another v Speaker of the National Assembly 1998 (3)
SA 430 (C) is an excellent example of the fact that parliamentary privileges are subject to judicial
review. At paragraph 25 of the judgment, the court, per Hlophe J, held that, under a supreme
Constitution, the exercise of parliamentary privileges is subject to judicial review because, as an
organ of state, Parliament is bound by the Bill of Rights and the provisions of the Constitution. At
paragraph 62, the court concluded that the nature and the exercise of parliamentary privilege must
be consonant with the Constitution (and if it is not, it must be declared invalid). The exercise of
parliamentary privilege, which is clearly a constitutional power, is not immune from judicial review.
This reinforces what is stated in section 2 of the Constitution, namely, that the Constitution is the
supreme law of the Republic and that all law and all conduct are subject to it.
10. The administration of justice in rural South Africa is predominantly carried out by the traditional
courts. However, these courts are not recognised by the Constitution in South Africa. (1) FALSE:
Traditional courts are recognised by Chapter 12 of the Constitution, which requires the law to
recognise the institution, status and role of traditional leadership according to customary law.

1. 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. In terms of section 211(3) of the Constitution, the courts must apply customary law when that
law is applicable, subject to the Constitution and any legislation that specifically deals with
customary law. This goes to show that African indigenous law is recognised and placed on the same
footing as common law. This recognition of customary law has been supported by various legislative
developments.
2. The form which constitutionalism takes in South Africa is primarily allochthonous, having its roots
in indigenous ideas, principles and experiences. (1) FALSE. South Africa has a plural legal system
which means that there is definite emphasis on indigenous ideas, principles and experiences, such
as Ubuntu. Therefore, the form of constitutionalism which South Africa has adopted is
autochthonous (indigenous) although some aspects are borrowed from jurisdictions such as Canada
and Germany where the system of separation of powers is more developed.
3. 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) TRUE. Section 46 of the Constitution confirms that South
Africa’s electoral system results in proportional representation. Case law such as De Lille and
Another v Speaker of the National Assembly illustrates that even smaller political parties are
represented in the National Assembly (in proportion to the number of votes received) and that
members of those smaller parties cannot be removed from the National Assembly because this
would deprive the voters of adequate representation.
4. 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 in court because of the special dignity of the President, his or her busy
schedule, and the importance of his or her work. (1) FALSE. Regardless of the status of the
President, in a state that is governed by the rule of law, even he may be called upon to give evidence
in a court of law if that evidence is necessary to enable a court to make its decision.
5. Parliament may assign its legislative authority, including the power to amend the Constitution, to
any legislative body in another sphere of government. (1) FALSE. The power to amend the
Constitution is restricted exclusively to the National Assembly in terms of section 74 of the
Constitution.
even if only one political party is allowed to stand in the election. (1) FALSE. This is inconsistent
with the concept of multi-party democracy, which is one of the principles upon which South Africa is
founded.
7. Judicial authority in South Africa is vested in the Judicial Service Commission (JSC). (1) FALSE.
Judicial authority is vested in the courts, in terms of section 165 of the Constitution. The Judicial
Service Commission plays the role of ensuring the integrity and independence of courts.
dispensation. (1) FALSE. Parliamentary privileges are subject to judicial review. The essence of South
Africa’s constitutional democracy is that all law and all conduct must comply with the Constitution in
order for it to be valid. Where the Constitution permits members of Parliament to say certain things
in the exercise of their role as representatives of the people, they may not simply be suspended
from Parliament. Indeed, this is what the De Lille case (discussed above) concerned. When Patricia
De Lille alleged that certain members of Parliament were apartheid-era spies, the Speaker of
Parliament suspended her. Judge John Hlophe held that the conduct of the Speaker of Parliament is
reviewable and moreover, held that De Lille should not have been suspended from Parliament as
this is obstructive of her role as a representative of the people, elected to her position in Parliament.
9. 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) FALSE. In terms of section
91(3)(c) of the Constitution, the President may select no more than 2 members from outside of the
Assembly.
TRUE. As the Constitutional Court held in the Glenister case, the separation of powers is ‘axiomatic’
in the South African Constitution, even though the words separation of powers do not appear in the
Constitution. The separation of powers is implicit in the Constitution by virtue of the fact that
Chapter Four relates to the Legislature, Chapter Five relates to the Executive and Chapter Eight
relates to the Judiciary.

1. 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. The President does
not have a general right to veto bills duly passed by Parliament but may refuse to sign the Bill if he
has reservations about its constitutionality. Section 84(2) of the Constitution is the provision that
regulates the President’s powers in regard to assenting to bills. Section 84(2)(b) stipulates that if the
President has any reservations about the constitutionality of a bill, he is obliged to refer the bill back
to the National Assembly for its reconsideration of the bill. He must indicate which specific
provisions he is uncomfortable with and these must be attended to by the National Assembly. Once
the bill is returned to the President for his assent, he must consider the National Assembly’s
amendments (if any) and if he continues to have reservations about the constitutionality of the bill
he is required, by section 84(2)(c) to refer the bill to the Constitutional Court. Once the
Constitutional Court has pronounced on the constitutionality of the bill, this is the final word on the
matter and the President is then compelled to assent to the bill.
2. 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 in which it can intervene to enforce Parliament’s
obligation to facilitate public involvement and to prevent (1) TRUE. In terms of the separation of
powers doctrine, which is “axiomatic”, a court (the judiciary) should refrain from interfering in the
functioning of the legislature during the law-making process. Indeed, in the Glenister I case, the
Court held that it will be slow to interfere during the law-making process because there is a chance
that the legislature may amend the law during the legislative process and thus, no harm would be
caused in such an instance. The Court thus refused to interfere in Glenister I. However, paragraph 44
of the Doctors for Life case qualifies the instances in which intervention is possible, being ‘when the
resultant harm will be material and irreversible’. In all other instances, no intervention is permissible
as this will contravene the separation of powers doctrine.
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. As a result of the case of Oriani-Ambrosini, MP v Sisulu, MP Speaker of
the National Assembly 2012 (6) SA 599 (CC) an ordinary MP (even from one of the minority political
parties represented in Parliament) may request the Speaker to place a matter of public importance
on the Order Paper for discussion without first having obtained permission from the majority of the
members of the National Assembly. In this way, individual members of the National Assembly may
initiate legislation in the form of a Bill called a private members’ Bills in terms of section 55(2), read
with section 73(2) of the Constitution.
4. In National Director of Public Prosecutions v Zuma 2009 (2) SA 277 (SCA) para 32, the Supreme
Court of Appeal found that the provision of the 1996 Constitution requiring that members of the
National Prosecuting Authority (NPA) act without fear, favour or prejudice, is incompatible with
the provision stating that the Minister of Justice must exercise final responsibility over the NPA.
(1) FALSE. In paragraph 32 of the judgment, the Supreme Court of Appeal found that the provision
requiring members of the NPA to act without fear, favour or prejudice, and the provision stating
that the Minister of Justice must exercise final responsibility over the NPA, are not incompatible.
The Minister may not instruct the NPA to prosecute or decline to prosecute but is entitled to be kept
informed of all prosecutions initiated which might stoke public interest or involve important aspects
of legal or prosecutorial authority.
5. Constitutionalism includes the notion that the power of the state is limited by a constitution in
which fundamental rights are protected. (1) TRUE. Constitutionalism is best understood as the
concept designed to ensure that government power is strictly regulated (structured and
constrained) to ensure that the Constitution is upheld. In South Africa, constitutionalism is not only
descriptive and normative, it is also substantive. To this end, the fundamental elements of
constitutionalism are:
6. In Oriani-Ambrosini, MP v Sisulu, MP Speaker of the National Assembly 2012 (6) SA 588 (CC), the
Constitutional Court declared invalid the rules of the National Assembly, which required a
member of such Assembly to obtain permission from (1) TRUE. In paragraph 61, the Court stated
that South Africa’s constitutional Democracy “is designed to ensure that voices are heard” and one
in which the “views of the marginalised or the powerless minorities cannot be suppressed”, thus the
rules which had restricted the introduction of Bills to members who had first obtained permission,
were declared invalid.
(1) A supreme, preferably written, Constitution;

(2) Adherence to the rule of law;
(3) Separation of powers;
(4) An independent judiciary with the power to declare any law or conduct unconstitutional;
(5) Democracy – usually by way of free and fair, regular elections;
(6) Protection of fundamental rights.
7. Cooperative 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. An important characteristic of the Constitution is that it divides power vertically between
the legislative, executive and judicial branches of government (which is termed the separation of
powers doctrine), as well as horizontally between the national provincial and local spheres of
government. In terms of Chapter 3 of the Constitution, there must be cooperation between the
three spheres of government to ensure that the objectives of the Constitution are realised.
FALSE. Section 170 of the Constitution states that a court of a status lower than a High Court may
not enquire into or rule on any conduct by the President. A Magistrates’ court therefore does not
have constitutional jurisdiction.
exercising powers delegated by the national and the provincial spheres of government. (1) FALSE.
The local sphere of government has original constitutional powers that are inviolable and distinctive
(ie: unique to its specific circumstances) according to section 40(1) of the Constitution. Therefore,
the local sphere possesses the constitutional latitude within which to define and express its unique
character, subject to contraints permissible under our Constitution and must co-operate with the
provincial and national spheres of government as the three spheres of government are
interdependent and interrelated. Prior to democracy, the local sphere was termed the local ‘level’
which indicated its subordinate position and that its powers could be withdrawn at will by the
provincial or national levels.
10. As South Africa has adopted a German model of integrated federalism, 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. German law is foreign law and in terms of section 39 of the
Constitution when interpreting the Bill of Rights, a court, tribunal or forum may consider foreign
law. On the other hand, it must consider international law (that is, law emanating from the United
Nations or the African Union).
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

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

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
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

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) FALSE
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) FALSE
3. Magistrates' Courts have the powers to declare the conduct of the president unconstitutional (1)
FALSE
which fundamental rights are protected (1) TRUE
Africa, 1996, 1996 (4) SA 744 (CC) (First Certification case), held that there is no universal model of
separation of powers (1) TRUE
law. (1) TRUE
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) FALSE
1059 (CC) it was held that under no circumstances at all can a President be called upon to give
importance of his work. (1) FALSE
implicit in the Constitution and is of the same force as any expressed constitutional provision (1)
TRUE
10. There are no restrictions on the eligibility for appointment of Judges to the Constitutional Court (1)
FALSE
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) FALSE
of Parliament to any provincial legislature or municipal council in South Africa (1) TRUE
liable in a court of law, and it serves to protect Parliament from outside interference This means
dispensation (1) FALSE
(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) TRUE
Schedule 4 of the Constitution. (1) FALSE
exercising powers delegated by the national and provincial spheres of government (1) FALSE
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
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)
TRUE
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) FALSE
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)

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
Republic of South Africa, 1996 (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
law (1) TRUE
1059 (CC) it was held that under no circumstances at all can the President be called upon to give
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
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
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

of Parliament to any provincial legislature or municipal council in South Africa (1) TRUE
Africa, 1996 (4) SA 744 (CC) (First Certification case), held that there is no universal model of
separation of powers (1) TRUE
law (1) TRUE
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
Schedule 4 of the Constitution (1) FALSE
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
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
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

1. Customary law is a source of law equivalent to the common law. (1) TRUE
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
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
such legislation. (1) FALSE
veto legislation merely because he or she opposes the legislation. (1) FALSE
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

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
such legislation (1) FALSE
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
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
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
(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
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
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
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

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)

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
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

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) FALSE
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) FALSE
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 in 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)
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)
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
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)

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
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
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
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
FALSE
such legislation. (1) FALSE
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

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2013 - TUTORIAL LETTER 201

2016 - TUTORIAL LETTER 201: SEMESTER 1

8. It is a privilege of members of parliament to be able to say anything in Parliament without fear of

2016 - TUTORIAL LETTER 201: SEMESTER 2

2017 - TUTORIAL LETTER 201: SEMESTER 1

4. It is a privilege of members of parliament to be able to say anything in Parliament without fear of

6. The recommendations of the commission of inquiry established by the President in terms of

2017 - TUTORIAL LETTER 201: SEMESTER 1

6. There is a dramatic difference between constitutional supremacy as a value captured by section 1

2018 - TUTORIAL LETTER 201: SEMESTER 1

2019 - TUTORIAL LETTER 201: SEMESTER 1

2019 - TUTORIAL LETTER 201: SEMESTER 2

(1) A supreme, preferably written, Constitution;

CSL2601 May/June 2013

10. In a unitary system, state authority is centralised in one sphere. TRUE

CSL2601 May/June 2013

3. Read the following statement and indicate whether it is true or false

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

CSL2601 May/June 2014

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

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

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

CSL2601 October/November 2014

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

CSL2601 May/June 2015

CSL2601 October/November 2015

CSL2601 May/June 2016

CSL2601 May/June 2017

CSL2601 October/November 2017

CSL2601 May/June 2018

CSL2601 October/November 2018

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

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

CSL2601 May/June 2019

CSL2601 October/November 2019

7. South African constitutionalism is only descriptive and normative in nature (1)

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

CSL2601 May/June 2020

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

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

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