UNIVERSITY EXAMINATIONS

October-November 2022

CSL2601
Constitutional Law

100 Marks
4 Hours

First Examiner: Mr Paul Mudau

Second Examiner: Mr Sello Selelo

This paper consists of nine (9) pages.

PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING
THE EXAMINATION QUESTIONS.
INSTRUCTIONS FOR A TAKE-HOME EXAM ON MYEXAMS

PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING

THE EXAMINATION QUESTIONS.

1. The examination question paper counts 100 marks.

2. It consists of three questions. Answer ALL the questions.

3. The duration of the examination on the timetable is Four (4) Hours.
4. In addition to the duration of the examination indicated on the timetable, you are given
30 minutes to FINALISE the uploading of your exam file. Your exam file must be
uploaded via the myExams platform on 11 October 2022 BEFORE 12:30 (South
African Standard Time).
5. This is an open-book examination. You may consult your prescribed study material
during the examination.
6. This examination is proctored via the Invigilator App. You are required to activate (or
log in to) the Invigilator app between 07:45 and 08:30 (South African Standard Time).

The QR code is below:

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7. Your exam file must be uploaded on the myExams platform.

7.1 When ready to submit, open the Take-Home (Assignment) assessment again and
click on the Add Submission button. Note: You only get 15 minutes after the due
time to submit your script on the Invigilator App and 30 minutes on the
myExams portal.

7.2. Note the file requirements such as:

a. File size limit.
b. Number of files that can be submitted.
c. File formats allowed.

7.3. Check the acknowledgment checkbox and upload your answers document and then
click on the Save changes button.

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7.4. Review your submission information regarding the status and click on your
submission file link to check if it's correct.

7.5. If you need to resubmit a file, you can click on the Edit Submission button. Note: You
will need to delete any existing files.

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7.6 Use proper PDF conversion software to create the final file for upload. Free PDF
conversion software is available on the Internet.

7.7 Add your student number and the module code in the file name. That will assist you to
select the correct document to upload during submission.

7.8 You are advised to preview your submission (answer script) to ensure legibility and
that the correct answer script file has been uploaded.

8. The cover page for your take-home exam must include your name, student number and
the module code.

9. It is preferred that your take-home exam is typed. However, handwritten submissions

will also be accepted. If the take-home exam is typed, the maximum length is 10 pages
(which includes the cover page and the bibliography). If the take-home exam is
handwritten, the maximum length is 10 pages (which includes the cover page and the
bibliography).

10. Whether your answers are typed or handwritten, your submission on the myExams
platform on Moodle must be made in the form of one PDF document. Only the last file
uploaded and submitted will be marked.

10.1 The exam answer file that you submit must not be password protected or uploaded as
a “read only” file.

10.2 Your examination answer file will not be marked if:

10.2.1 you send your examination answer file via email.

10.2.2 you submit the incorrect examination answer file. A mark of 0% will be awarded.
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10.2.3 you submit your exam answer file on an unofficial examination.
10.2.4 you submit your examination answer file in the incorrect file format.
10.2.5 you submit a password-protected document.
10.2.6 you submit your examination answer file late
10.2.7 you submit your answer file from a registered student account that is not your own.

10.3 The mark awarded for an illegible examination answer file submission will be your final
mark. You will not be allowed to resubmit after the scheduled closing date and time of
the exam.

11. If your answers are typed, ensure that the following requirements are adhered to. Items
11.3-11.6 applies to written assignments as well.

11.1 The text must be typed in Arial font, size 12 with single line spacing within the paragraph,
and double line spacing after the paragraph.

11.2 The text must be justified.

11.3 All of the pages must be numbered in the right-hand corner at the bottom of the page.

11.4 All margins must be 2.5cm, but the left margin must be 3cm.

11.5 South African English and not American English should be used. For example, the
correct spelling is “Labour” and not “Labor”.

11.6 Do not use abbreviations or SMS language.

11.7 All quotes that are two lines long (or less), must form part of the main text, be written in
italics, and be bracketed by quotation marks. Where a quotation is longer than two lines,
it must be typed in a separate paragraph in italics in size 11 font and must be indented
by 1 cm. No quotation marks are required when the quotations stand alone. Use
quotations very sparingly. In this take-home exam, a maximum of 5% of the text may
be quoted.

12. When answering the take-home exam questions, remember that an open-book exam is
a test at a higher level than the usual type of exam, where memory is tested as much
as insight. In an open-book exam, you need not memorise any information. You are
expected to prove that you can use information, rather than merely repeat it. In brief,
what is being tested is factual knowledge, understanding and the correct application
thereof, not memory skills. For this reason, you do not earn marks by merely detailing
a list of all the information that you think might be relevant to a particular question. This
gives no indication that you know what statutory or other provisions are applicable in a
specific context. You are expected to identify precisely what information applies, and
then explain why you think so.

12.1 Also, because you have the guide available when answering questions, we do not give
marks for direct quotations from the guide. You are therefore assessed on your level of
understanding of the legal principles by looking at how well you applied the principles
to the questions.

12.2 PLEASE DO NOT CUT AND PASTE ANSWERS FROM THE STUDY GUIDE (OR ANY
OTHER SOURCE).
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13. The arguments that you make must be logical, well-structured and substantiated by all
of the relevant legal principles. Use the time given wisely.

13.1 Ensure that you give reasons for each answer. Substantiate your answers by referring
to ALL of the relevant authorities, e.g. sections from relevant legislation and/or court
cases in the text or in your footnotes.

13.2 You are required to have read and summarised the prescribed cases yourself. The
summaries in the Study Guide are not sufficient for this exam. When using case law to
support your answer, please include complete references to the relevant cases in your
footnotes. This means that you must not only include the name of the case but also the
exact page and section and/or paragraph where the information can be found. The
same applies to articles and books used.

13.3 A number of students lose marks because they do not approach problem-type questions
correctly. When answering such questions, it is important to first clarify for yourself the
area of work where the answer must be sought. Once you have done this, set out the
relevant legal principles. Deal only with those principles that relate to the given facts.
Next, apply these principles to the facts. This is where most of the students lose marks
- they set out the law in some detail, but then do not illustrate how it applies to the factual
situation they have been asked to solve. Finally, state your conclusion.

14. You must complete the online declaration of own work when submitting.

14.1 By ticking the Honesty Declaration, you confirm that you have read (i) the
University’s Policy on Copyright Infringement and Plagiarism and the Student
Disciplinary Code, which are both available on myUnisa: www.unisa.ac.za/unisarules,
and (ii) the information relating to student values and plagiarism that is found at
https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and-
rules.

14.2 Students suspected of dishonest conduct during the examinations will be subjected to
disciplinary processes. Students may not communicate with other students, or request
assistance from other students during examinations. Plagiarism is a violation of
academic integrity, and students who do plagiarise or copy verbatim from published
work will be in violation of the Policy on Academic Integrity and the Student Disciplinary
Code and may be referred to disciplinary hearing. Unisa has a zero tolerance for
plagiarism and/or any other forms of academic dishonesty.

13.3 Unless a student is exempted because of disability or incarceration, students who have
not utilised invigilation or proctoring tools will be deemed to have transgressed Unisa’s
examination rules and will have their marks withheld.

PLEASE NOTE:

If you experience challenges with the Invigilator app, please WhatsApp the technical
helpdesk on 073 505 8273. Do not contact the lecturers.

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For all other exam-related challenges, you may contact the SCSC on 080 000 1870 or e-mail
[email protected] or refer to Get-Help for the list of additional contact numbers.

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QUESTION 1
1.1 By way of examples and references to the appropriate Constitutional Law authorities,
briefly explain the different forms of democracy. (16)

1.2 Succinctly explain, with reference to the relevant authorities, the principle of
constitutional democracy from a South African perspective. (18)

1.3 Critically discuss the role of the Independent Electoral Commission in supporting and
strengthening constitutional democracy in South Africa. (16)
[50]
QUESTION 2
2.1. Critically discuss South Africa’s multi-sphere system and structure of government as
enshrined in the Constitution. (15)

2.2 The community of Zwililo Local Municipality in Limpopo is in despair. It is frustrated at

the dire state of the municipality and its hopes of a municipality that reduces poverty,
takes care of its residents and provides services that keep fading. The challenges faced
by the municipality are due, in part, to non-compliance with the regulatory environment
governing the municipality’s operations.

At present, the municipality is failing to service the debt of R300 million that it owes to the
Development Bank of Southern Africa. Its debt to Eskom (where it purchases bulk
electricity) is R 10 million and rising, while Izinyoka (illegal electricity connections)
continue to source electricity illegally. The various parties on the council of Zwililo Local
Municipality are at loggerheads on the proposed budget and the opposition consistently
boycotts council meetings so that there is no quorum to adopt a budget. As a result, there
is no budget at the beginning of the financial year. This casts serious doubt on the
municipality’s financial sustainability.

A council meeting was held to deliberate on the state of Zwililo Local Municipality and the
fulfillment of its local government objectives. In the meeting, the Municipality’s legal
services unit advised the council that, even though the municipality has certain
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challenges, there are no grounds for its supervision by neither the provincial nor national
government.

Given the facts on the ground, which provisions of the Constitution can the province and
national government use to ensure that the Zwililo Local Municipality can fulfill its local
government objectives? (15)
[30]
QUESTION 3
3.1 Discuss the difference, if any, between the State and the Government. (10)

3.2. Critically discuss the structure and composition of South Africa’s Parliament. (10)
[20]

Total: {100}
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UNISA 2022