Faculty Faculty of Law

Department Public Law and Jurisprudence

Subject Constitutional Law
Subject Code JCS3510
Date October / November 2020
Duration 3 Hours MARKS 100

Regular Examination

Examiner: Mr. P. Balhao

Moderator: Dr. F. Nghiishililwa

This question paper consists of FIVE (05) pages, including the cover page.

Instructions:

1. Answer ALL the questions in Section A.

2. Answer THREE questions in section B.
3. Kindly number the answers on the front of the answer book in the sequence you
have answered them.
4. Write clearly, legibly, to the point and in paragraphs where applicable.
5. Refer to relevant authorities where applicable and underline all authorities.
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SECTION A
Answer all the questions in this section.

Question 1 Total
[30]

Briefly discuss each of the judgments below with reference to one constitutional law
issue that was decided by the court.

1.1 Tjirare v The Chairperson of the Electoral Commission of Namibia (EC (5)
2/2020) [2020] NAHCMD 283 (13 July 2020).

1.2 Itula v Minister of Urban and Rural Development (A1-2019) [2020] NASC (5 (5)
February 2020).
1.3 Minister of Trade and Industry v Matador Enterprises (Pty) Ltd (SA 44- (5)
2014) [2020] NASC (19 March 2020.

1.4 Theron v The Village Council of Stampriet (HC-MD-CIV-MOT-GEN- (5)

202000028) [2020] NAHCMD 129 (22 April 2020).

1.5 NEF & Ors v President of the Republic of Namibia & Ors (HC-MD-CIV- (5)
MOT GEN-2020/00136) [2020] NAHCMD 198 (23 July 2020).

1.6 Kambazembi Guest Farm CC t.a Waterberg Wilderness v Minister of Lands (5)
and Resettlement and Others 2018 (3) NR 800 (SC).

Question 2 Total
[15]
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Outline and very briefly discuss the provisions of Article 26 of the Constitution of the
Republic of Namibia.

Question 3 Total
[10]

In each of the following state specifically who has the duty or function or power to:

1.1 To attend meetings of the National Assembly and to be available for the (1)
purposes of any queries and debates pertaining to the legitimacy, wisdom,
effectiveness and direction of Government policies.

1.2 To initiate, approve or decide to hold a referendum on matters of national (1)

concern.

1.3 At a time of national disaster or during a state of national defence or public (1)
emergency threatening the life of the nation or the constitutional order, the
(…..) may declare that a state of emergency exists in Namibia or any part
thereof.

1.4 A (…..), responsible for the transfer, discipline, removal, remuneration and (1)
other conditions of service of Magistrates, subject to this Constitution,
shall be established by Act of Parliament which Act shall further describe
its powers, functions and duties.

1.5 Recommend legislation on matters of regional concern for submission to (1)

and consideration by the National Assembly.

1.6 The duty to investigate vigorously all instances of alleged or suspected (1)
misappropriation of public monies by officials and to take appropriate
steps, including reports to the Prosecutor-General and the Auditor-
General pursuant thereto.

1.7 To issue notices, instructions and directives to facilitate the (1)

implementation and administration of laws administered by the Executive,
subject to the terms of this Constitution or any other law.

1.8 To elect members to the National Council. (1)

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1.9 Determine the times for the holding of special sessions of the National (1)
Assembly, and to prorogue such sessions.

1.10 To debate and to advise the President in regard to any matters which by (1)
this Constitution the President is authorised to deal with.

SECTION B
Answer any three questions in this section.

Question 4 Total
[15]

In terms of Article 44 of the Constitution of Republic of Namibia the National Assembly

has the power to pass laws in Namibia.

Explain all the stages of the statutory law-making process in Namibia. You must refer to
provisions in the Constitution in the Republic of Namibia for each stage.

Question 5 Total
[15]

Discuss the independence and the immunity of the Ombudsman in Namibia with
reference to the judgment in Public Protector v South African Reserve Bank [2019]
ZACC 29.

Question 6 Total
[15]

Article 1(1) of the Constitution of the Republic of Namibia states, amongst others, that
the Republic of Namibia is founded upon the principle of the rule of law.
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Discuss the history and the elements of the rule of law with reference to the article
written by Tamanaha, B. Z., published in the Singapore Journal of Legal Studies.

Question 7 Total
[15]

Carlo Fusaro recalls eight features of constitutionalism in a book chapter titled

Constitutionalism in Africa and Constitutional Trends: Brief Notes from a European
Perspective.

List and discuss five of these features of constitutionalism. (5 x

3)

Question 8 Total
[15]

Discuss the historical development of the concept democracy in context of political

theory with reference to the paper titled The Original Theory of Constitutionalism written
by D. S. Grewal and J. Purdy published in the Yale Law Journal.