ASSIGNMENT

Semester 1 2024
Module name Constitutional Law
Module Code LCO500
Due date 22 April 2024
Total Marks 75

This assignment is compulsory and must be submitted through CANVAS,

inside the corresponding Module Class Course on or before 22 April 2024 by
24:00.

STEP 1: COMPLETING YOUR ASSIGNMENT

Your assignment answer must include the following sections:

COVER PAGE
Please include the following information on the first page of the assignment:
Name, Surname, Student Number and Module Code.

BODY
1. The assignment answers must be typed in MS Word format and saved as a
PDF document (File > Save As > Save as Type: PDF).
2. Save your file (MS Word or PDF) with the following naming convention:
[STUDENTNUMBER] [MODULECODE] [SURNAME].pdf
E.g. 21111234 BCU101 Surname.pdf

LIST OF REFERENCES
Refer to the STADIO Referencing guide HERE for guidance.

©STADIO Assignment – 2024 Semester 1 LCO500 Constitutional Law

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Once you have completed your assignment and saved it, you must log in to CANVAS
to submit your assignment by the due date.
IMPORTANT: Ensure that you submit your assignment answers on or before the due
date and time.

STEP 2: SUBMITTING YOUR ASSIGNMENT ON CANVAS

Once you have completed your assignment, log in to CANVAS as follows:

1. Log in to CANVAS using your MySTADIO details:

(Username: studentnumber@stadioDL.ac.za and Password: ID number)
2. A specific course inside of CANVAS for each of your modules has been created
for you to submit your Assignment to. Select the desired module from the
dashboard.
3. Submit your assignment before the end of the due date.

PLEASE ENSURE THAT THE ANSWER THAT YOU SUBMIT IS IN MS WORD OR

PDF FORMAT. NO SCANNED DOCUMENT WILL BE MARKED.

• The process detailed above is the same on a personal computer and mobile
device. You will, however, need to ensure that you have saved your completed
assignment on your mobile device and have downloaded the CANVAS Student
Application before attempting to submit it.
• You do not require a CANVAS class ID and enrolment key to access your
registered module class, as you have been allocated to the class based on your
registration. If you do not see your module class appear, please contact the office
for assistance.
• If you experience any difficulties during the submission process – after reading
through the guide and attempting the prescribed steps – please do not hesitate to
contact the office for assistance.

©STADIO Assignment – 2024 Semester 1 LCO500 Constitutional Law

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Question 1 (25 marks)

Considering the two main types of electoral systems used globally, discuss the electoral
system applied in South Africa.

Question 2 (25 marks)

In South Africa, legislative authority may be exercised at the national and provincial
levels.

2.1 Define the term ‘legislative authority’ and explain the functional areas in which
Parliament and the provincial legislatures are competent to make laws. (13)
2.2 Discuss the structure and mandate of the National Council of Provinces
(NCOP). (12)

Question 3 (25 marks)

Read the case study below and answer the questions that follow.

The role of the court in the public domain in South Africa

During the pre-democratic constitutional dispensation, South African public law was
marked by the pre-eminence of the executive and the legislature in a parliamentary
system of government. The courts were generally loath to review matters related to
policy. The adoption of the interim and subsequently the final constitutions changed
the position by making the Constitution of the Republic of South Africa, 1996 the
supreme law of the country, with the separation of powers between the three branches
of government. The approach of the courts has changed noticeably from restraint to
activism. Their role in reviewing policies has been steadily growing. They are now
thrust into the formulation of government or public policy, which traditionally fell within
the ambit of the executive branch of government. This new-found role of the courts
has led to concerns that the judiciary's constant interference in the policy domain
borders on violating the hallowed principle of separation of powers. The central
argument of this article is that the courts' intervention in the public policy domain, if
not handled with caution, has the potential to undermine the principle of separation of
powers implicit in the South African Constitution.
Source: Nyane H and Malapane M The role of courts in the public domain in South
Africa 2022 Obiter, available at:
http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1682-
58532022000400004

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3.1 Drawing from the observations in the text box above, discuss the doctrine of
separation of powers as postulated by Montesquieu, and the ‘pure theory’.
(10)
3.2 In light of the position by Nyane and Malapane presented above, discuss the
doctrine of separation of powers as applicable in South Africa. Support your
arguments with relevant constitutional provisions and jurisprudence. (15)

ASSIGNMENT TOTAL: 75 MARKS

©STADIO Assignment – 2024 Semester 1 LCO500 Constitutional Law

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