ASSIGNMENT 2 – CLS2601

NANA CECILIA MALNGENI

STUDENT NUMBER: 60400544

PART A

1. False –1 This case was dealing with the exercise of power especially on the
National Assembly and must comply with the Constitution and make rules. The
National assembly failed to hold the President accountable and to remove from
being a President.

2. True –2 The principle of subsidiary refers to an idea that matters should be

handled by most immediate and local level. In this case, Zuma made a statement
about the same sex marriage legislation and this statement does not reflect the
principle of subsidiary.

3. False – 3The case is not a judicial over – reach, the case is about the interpretation
and application of the current laws that is currently dealing with loadshedding.

4. False – 4The counter – majoritarian deals with tension between judicial and
democracy. The unelected judges go against the will the Constitution is playing a
great role in protecting and promoting the peoples’ rights. The counter –
majoritarian is relevant in South African Constitutional law.

5. True – 5The government has rules and responsibilities set by the Constitution. The
government has the responsibility to follow those rules, there are national,
provincial and local rules.

6. False – 6Recusal is a process when a judge is disqualified on objection of the party

from hearing a lawsuit. The reason for being disqualified is because of self-
interest, bias or prejudice. The official office-bearer for gross misconduct or gross
incompetence is not known as recusal.

7. True –7 The High Court dealt with the issue of powers of the Parliament and
parliamentary privilege. The court found that such powers and privilege to the
extent of their inconsistency with the Constitution is invalid. They were granted
permission to right to freedom of speech within the Parliament.
1
Economic Freedom Fighters v Speaker of the National Assembly 2018 (2) SA 571 (CC) (EFF II)
2
R Igual< .www.mambaonline.com> ,Jacob Zuma Double Down on Election Homophobia[ Accessed 27 February
2024]
3
United Democratic Movement and Others v Eskom Holdings SOC Ltd and Others [2023] ZAGPPHC 280;
005779/2023 [Accessed 5 May 2023]
4
J R Rogers J D Ura,, A majoritarian basis for judicial countermajoritarianism<journals.sagepub.com> [Accessed 7
5
www.etu.org.za, The three spheres of Government
6
M C Okpaluba , T C Maloka . The fundamental principles or recusal of a judge at common law: recent development
<wwww.scielo.org.za>
7
De Lille and Another v Speaker of the National Assembly 1998 (3) SA 785 (CC)
 8. True – 8The public participation involves the public in decision making. The public
is given a full consideration to have an input in decision making.

9. False – 9The confirmation is signed by a nominated person who indicate

acceptance. The law became applicable through the Constitution.

10. False –10 The characteristics of democracy are running the government, the
people will and interest. It also has to do with general election which are a political
activity carried out to choose parties in government.

11. True –11 The rule of law is the most important value in our republic. The
Constitution is the highest law of land, and no other law may conflict with it. It is
supreme as the Constitution itself.

12. False – 12The case is about the US supreme court that established a woman’s
right to have an abortion. The case is not relevant to South African context.

13. False –13 When a province cannot fulfil an executive obligation in terms of the
Constitution, the national executive may intervene by taking steps to ensure
fulfilment of the obligation.

14. True – 14The section applies to a conflict between national legislation and
provincial legislation falling within a functional area lifted in the schedule.

15. False – The Constitution is referred as The Constitution of the Republic of South
Africa , 1996.

16. False – 15The recommendations are binding as per the findings on the case
between Economic Freedom Fighter v Speaker of the National Assembly
Democratic Alliance v Speaker of the National Assembly.

17. True - The election will be taking place on the 29 May 2024 which is the first half
of the year.

18. False – 16 The Constitution parliament can pass legislation, delegation and
legislative function to other bodies.

8
www.epa.gov.Public participation Guide : Introduction to public participation [Accessed 9 February2024]
9
The Constitution of the Republic of South Africa ,1996
10
Adcolaw.com, Democracy : Definition ,characteristics and types [Accessed 24 December 2022]
11
Civicsacademy.co.za. What is the rule of law (2024)
12
Roe v Wade 410 U.S. 113 (1973)
13
The Constitution of the Republic of South Africa , 1996
14
The Constitution of the Republic of South Africa , 1996
15
Economic Freedom Fighters v Speaker of the National Assembly and Others; Democratic Alliance v
Speaker of the National Assembly and Others [2016] ZACC 11
16
G Crove SC. Delegation of legislative powers to officials: financial services law general amendment Bill [Accessed
31 July 2013
 19. False – 17 The final adjudicator in disputes arising between branches of
government continues to be the Constitutional Court.

20. False – 18 The condition is lasting and stays constant regardless of any shifts in the
government.

17
A Stander < Openbook.uct.ac.za> Multi-level government
18
www.parliament.gov.za > How our democracy works