NON CONVENTIONAL TEST

UNIVERSITY OF BOTSWANA

DEPARTMENT OF LAW

TEST 1

SEMESTER ONE 2022/20223

CONSTITUTIONAL LAW

DURATION: 48 HOURS DATE: 14 SEPTEMEBR 2022

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INSTRUCTIONS:

1. THERE ARE TWO QUESTIONS.

2. ANSWER ONLY ONE QUESTION.

3. ALL QUESTIONS CARRY EQUAL MARKS.

4. CANDIDATES TO SUBMIT TYPED ANSWERS AT 252/002 AT 1400-1500.

5. CANDIDATES TO INDICATE COURSE LECTURER ON COVER PAGE.

6. FONT: TIMES NEW ROMAN; SIZE 12; SPACING 1.5. MAXIMUM 4 TYPED
PAGES.

7. CREDIT WILL BE GIVEN FOR:

a) EFFECTIVE ARRANGEMENT AND PRESENTATION;
b) CLARITY OF EXPLANATIONS;
c) EFFECTIVE USE OF RELEVANT AUTHORITIES;
d) LOGICAL ARGUMENT; AND
e) CLEAR AND CONCISE ENGLISH.

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QUESTION ONE

North Bela and South Bela are two former neighbouring British colonies that
achieved independence in 1949. At independence, both North and South Bela
promulgated identical Constitutions that;
i) Established the office of the President as the Head of State who is directly
elected, and a Prime Minister as the Head of the Executive.
ii) One legislative house with a fluid spearation of powers between the
executive and the legislature.
ii) An independent judicary with powers to review the constitutionality of
state action.
iv) A bill of rights providing for civil and political rights.

In 2015, North Bela was a prosperous country, with large mineral resources
and was made up of a population of 6 million people, with 5 main ethnic tribes
which share many traditions and cultures. From independence till 1985 North
Bela had a stable democracy with free and fair elections. North Bela is roughly
the size of Eswithini.
South Bela, which is roughly the same size as Namibia had a failed economy,
but has vast gas reserves in the northern region of the country. North Bela was
made up of a population of 15 million people, with quite diverse tribes, and
cultural histories. From independence till 1985 North Bela had been ruled by
one party,which amended the Constitution to merge the office of the
President and the Prime Minister and their autocratic ruler ruled by
Presidential decree. The President of North Bela dispensed with the
Constitution and announced that the legislature would have the power to pass
laws and it is for the courts to determine the constitutional pedigree of laws.
In 2015, due to rising political tensions, the two countries engaged in a brutal
war that continues to this day. In that time, South Bela's government
collapsed, with an erosion of constitutionalism and rule of law. In 2019, the
President of North Bela passed away and the country was ruled by a
transitional government. The governments of South and North Bela are
considering merging into one country as a way of ensuring long term peace.
The two countries are considering whether or not they should have a new
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Constitution, and if they did decide to do, what form it would even be in their
new state, and also how to establish sustainable institutions to ensure
demoocracy. Owing to their history, they are also wondering if such a
Constitution would be sufficient to ensure sustainable peace.
They have come to you for advice on the above matters.

Advise North and South Bela

[20 marks]
QUESTION TWO
Berandula is a former Portuguese colony situated on the Atlantic Ocean. It has
a population of about one million inhabitants. Since independence in 1970 it
has enjoyed peace and stability and has been hailed as a true example of a
democratic state in the Southern African region. The country has held election
every four years and most observers have always described the election as
free, fair and competitive. However, since the last national elections held in
2019 concerns have been raised that the current president, Mr Rozenbuana
has resorted to coercive measures particularly against political opponents, the
media and anyone who dares to publicly question his decisions. It has also
been suggested by members of opposition political parties that the President
even disrespects the constitution. He has recently ordered the arrest and
detention of the journalist, Randos, whose newspaper, The Weekly, carried a
news article “President Rozenbuana detains members of the opposition parties
for demanding accountability of the government.” It is further reported that
the President and the Chief Justice were spotted at Jangolina Hotel having
dinner. One of the hotel attendants has said he overheard the President telling
the Chief Justice to deal thoroughly with his detractors and the Chief Justice
promised to discipline what he called “sell-outs”. Randos has approached you
for advice and in particular has instructed you to apply to court for his release
from detention because he believes that his arrest and detention violate the
constitution of Berandula.
Advise Randos paying particular attention to issues you will raise in an
application for his release from detention.
[20 marks]

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[END OF QUESTION PAPER]

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