Name: Hlengiwe Ngcobo

Student number: 69464146

Assignment number: 01
Module: IRM 1501
Question 1
What is transformative constitutionalism
Transformative constitutionalism is generally a new concept. Specifically the latter
concept finds its basis in the constitution. Example, the preamble to the constitution
refers to the past and future. It states amongst others that , we people of South
Africa recognise the injustice of our past ,, heal the division of the past and establish
a society based on democratic values, social justice and fundamental human rights,
lay the foundations for a democratic and open society in which government is based
on the will of the people and every citizen is equally protected by the
law.transformative constitutionalism seeks to use the constitution as a tool for social
change and justice. It emphasizes human dignity, equality, social justice,
participation, accountability, socio-economic rights, and an interpretive approach
that promotes transformative goals. By embracing these principles, transformative
constitutionalism aims to create a more inclusive and just society.
From the ―talks about talks about talks‖ in 1989 to the effective date of the current
constitution in 1997, the process of bringing constitutional democracy to South Africa
was resolved through a negotiation process dominated by the generally opposed
concerns of the ruling, white-minority National Party and the African National
Congress.8 Despite imperfections in the drafting process and in the resulting
document, the negotiations achieved a goal considered impossible for decades: a
relatively peaceful shift from ―racial autocracy to a non-racial democracy, by
means of a negotiated transition, the progressive implementation of democracy, and
respect for fundamental human rights.‖9
The fundamental compromise that permitted agreement between the previously
combative parties was a temporary governing arrangement to facilitate democratic
elections and end apartheid.10 This agreement, the Interim Constitution, also
contained a set of thirty-four mandatory principles (the aptly named, ―Thirty-four
Principles‖) that the negotiating parties
agreed would govern the terms of the final Constitution to be drafted by a
newly elected Constitutional Assembly.11 The Constitutional Court was From the
―talks about talks about talks‖ in 1989 to the effective date of the current
constitution in 1997, the process of bringing constitutional democracy to South Africa
was resolved through a negotiation process dominated by the generally opposed
concerns of the ruling, white-minority National Party and the African National
Congress.8 Despite imperfections in the drafting process and in the resulting
document, the negotiations achieved a goal considered impossible for decades: a
relatively peaceful shift from ―racial autocracy to a non-racial democracy, by
means of a negotiated transition, the progressive implementation of democracy, and
respect for fundamental human rights.‖9The fundamental compromise that
permitted agreement between the previously combative parties was a temporary
governing arrangement to facilitate democratic elections and end apartheid.10 This
agreement, the Interim Constitution, also contained a set of thirty-four mandatory
principles (the aptly named, ―Thirty-four Principles‖) that the negotiating parties
agreed would govern the terms of the final Constitution to be drafted by a newly
elected Constitutional Assembly.11 The Constitutional Court was created by the
Interim Constitution and was assigned the task of certifying that the final
Constitution conformed to the negotiated agreement memorialized in the
transitional document.12The Thirty-four Principles established ―the fundamental
guidelines, the prescribed boundaries, according to which and within which the
[Constitutional Assembly] was obliged to perform its drafting function.‖13The final
Constitution was not ―certified‖ and hence not valid until the elected Constitutional
Assembly could secure a Constitutional Court ruling to that effect.14 In fact, the first
proposed draft was rejected on several grounds and had to be amended by the
Constitutional Assembly in line with the Court‘s opinion.15 The amended text of the
Constitution was approved by the Constitutional Court on December 4, 1996, and
formally took effect on February 4, 1997.16 Hence, the Court played a decisive role in
assuring the success of the negotiated transition to democracy, and it significantly
influenced the final text of the Constitution. The exceptional role played by the Court
in the drafting process was not the only novel thing about the South African
Constitutional Court. The Interim Constitution ended the era of parliamentary
supremacy in South Africa and invested very broad judicial review authority in the
courts of South Africa—including the power to review proposed legislation,
nationaand provincial statutes, provincial constitutions, acts of the executive branch
and administrative bodies, and decisions of lower courts on all matters related to the
Constitution.17 For the most dramatic form of judicial review, invalidating laws
passed by Parliament and the provincial assemblies, the Constitutional Court has a
mandatory form of final review authority over all other courts.18The inauguration of
judicial review in 1993 was a significant change for South Africa. Apartheid in South
Africa had been a parliamentary sovereignty system, vesting ultimate governmental
authority in the national Parliament and not subjecting its laws to invalidation by the
courts.19Moreover, the onset of judicial review was not merely an experiment with a
new constitutional model; judicial review played an essential role in facilitating the
transformation from apartheid oppression to constitutional democracy.
A transition of the caliber and consequence of South Africa‘s could easily cripple a
legal system. Doing away with all existing laws or sitting judges, or casting doubt
upon their applicability or authority, would add uncertainty to an already tumultuous
period. Hence, necessary allowances were included among the transitional
provisions of both the Interim Constitution and the 1996 Constitution to leave laws,
regulations, judges and civil servants in place.

Question 2
Plagiarism means presenting work or ideas from another source as your own, with or
without consent of the original author, by incorporating it into your work without full
acknowledgement.
Forms of plagiarism
a. Verbatim (word for word) quotation without clear acknowledgement
Quotations must always be identified as such by the use of either quotation marks or
indentation, and with full referencing of the sources cited. It must always be
apparent to the reader which parts are your own independent work and where you
have drawn on ideas and language from another source.
b. Cutting and pasting from the Internet without clear acknowledgement
Information derived from the Internet must be adequately referenced and included
in the bibliography. It is important to evaluate carefully all material found on the
Internet, as it is less likely to have been through the same process of scholarly peer
review as published sources.
c. Paraphrasing
Paraphrasing the work of others by altering a few words and changing their order, or
by closely following the structure of their argument, is plagiarism if you do not give
due acknowledgement to the author whose work you are using.
d. Collusion
This can involve unauthorised collaboration between students, failure to attribute
assistance received, or failure to follow precisely regulations on group work projects.
It is your responsibility to ensure that you are entirely clear about the extent of
collaboration permitted, and which parts of the work must be your own.
Reference
https://www.ox.ac.uk/students/academic/guidance/skills/plagiarism#:~:text=Informat
ion%20about%20what%20plagiarism%20is,your%20work%20without%20full%20ack
nowledgement.
Study guide for IRM 1501/01/2019-2022
Academic declaration of honesty
I Hlengiwe Ngcobo understand what academic entails and am aware of UNISA's
policies in this regard.
I declare that this assignment is my own, original work. Where I have used someone
else's work I have indicated this by using the prescribed style of referencing. Every
contribution to and quotation in this assignment from the work or works of other
people has been referenced according to this style.
I did not make use of another student's work and submitted it as my own.
Name : Hlengiwe Ngcobo
Student number: 69464146
Module code: IRM1501
Signature: H.ngcobo
Date: 22 March 2024