CPD1501 Oct/Nov 2015 exam paper — questions

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  1. Question 1.1 · South African citizenship: acquisition, naturalisation and loss · 2 marks

    This is a multiple-choice section that must be answered on a separate mark-reading sheet. For each item below, select the one correct answer from the four options provided. Choose the correct statement regarding what constitutes a period of residence or ordinary residence.Show the full question

  2. Question 1.2 · South African citizenship: acquisition, naturalisation and loss · 2 marks

    This is a multiple-choice section that must be answered on a separate mark-reading sheet. For each item below, select the one correct answer from the four options provided. Identify which of the following is one of the methods of losing South African citizenship in terms of the Citizenship Act 1995.Show the full question

  3. Question 1.3 · South African citizenship: acquisition, naturalisation and loss · 2 marks

    This is a multiple-choice section that must be answered on a separate mark-reading sheet. For each item below, select the one correct answer from the four options provided. Select the correct description of when deprivation of citizenship takes place in the case of children, in relation to their parents.Show the full question

  4. Question 1.4 · Immigration, refugees and the rights of non-citizens · 2 marks

    This is a multiple-choice section that must be answered on a separate mark-reading sheet. For each item below, select the one correct answer from the four options provided. Indicate which right non-citizens are not entitled to.Show the full question

  5. Question 1.5 · Electoral systems and public participation · 2 marks

    This is a multiple-choice section that must be answered on a separate mark-reading sheet. For each item below, select the one correct answer from the four options provided. Identify the case in which the question of whether South African citizens residing in other countries are entitled to vote was addressed.Show the full question

  6. Question 1.6 · Constitutionalism, rule of law and constitutional democracy · 2 marks

    This is a multiple-choice section that must be answered on a separate mark-reading sheet. For each item below, select the one correct answer from the four options provided. Choose what constitutionalism entails.Show the full question

  7. Question 1.7 · Separation of powers and systems of government · 2 marks

    This is a multiple-choice section that must be answered on a separate mark-reading sheet. For each item below, select the one correct answer from the four options provided. Select what the separation of powers principle requires.Show the full question

  8. Question 1.8 · Electoral systems and public participation · 2 marks

    This is a multiple-choice section that must be answered on a separate mark-reading sheet. For each item below, select the one correct answer from the four options provided. Choose what the concept of democracy recognises.Show the full question

  9. Question 1.9 · Separation of powers and systems of government · 2 marks

    This is a multiple-choice section that must be answered on a separate mark-reading sheet. For each item below, select the one correct answer from the four options provided. Identify the form of government that South Africa has.Show the full question

  10. Question 1.10 · Separation of powers and systems of government · 2 marks

    This is a multiple-choice section that must be answered on a separate mark-reading sheet. For each item below, select the one correct answer from the four options provided. Choose the correct statement regarding judicial review.Show the full question

  11. Question 2.1 · Immigration, refugees and the rights of non-citizens · 2 marks

    This question deals with South African refugee law, including cessation and withdrawal of refugee status, as well as the legal framework governing immigration and emigration. Themba was granted refugee status in March 2012. In May 2012 he published an article criticising a judgment that the Constitutional Court had delivered in April 2012. Consider whether the publication of this critical article provides grounds for ending (causing the cessation of) his refugee status.Show the full question

  12. Question 2.2 · Immigration, refugees and the rights of non-citizens · 5 marks

    This question deals with South African refugee law, including cessation and withdrawal of refugee status, as well as the legal framework governing immigration and emigration. Set out and explain the various circumstances or grounds that would justify the cessation (ending) of a person's refugee status.Show the full question

  13. Question 2.3 · Immigration, refugees and the rights of non-citizens · 3 marks

    This question deals with South African refugee law, including cessation and withdrawal of refugee status, as well as the legal framework governing immigration and emigration. According to refugee law, a person's refugee status can also be withdrawn. Identify and explain the grounds that justify the withdrawal of refugee status under the Refugees Act of 1998.Show the full question

  14. Question 2.4 · Immigration, refugees and the rights of non-citizens · 10 marks

    This question deals with South African refugee law, including cessation and withdrawal of refugee status, as well as the legal framework governing immigration and emigration. Provide a discussion of the legal rules that regulate how immigrants are admitted into South Africa and how migrants depart from South Africa.Show the full question

  15. Question 3.1 · South African citizenship: acquisition, naturalisation and loss · 10 marks

    This question concerns South African citizenship and migration law. Provide a discussion of the legislative history of South African citizenship.Show the full question

  16. Question 3.2 · South African citizenship: acquisition, naturalisation and loss · 5 marks

    This question concerns South African citizenship and migration law. Mr and Mrs Malapo are unemployed Zimbabwean citizens who have obtained permanent residence status in South Africa. They fled Zimbabwe during the 1980s because of the outbreak of civil war and sought refuge in South Africa. With the help of social workers, they became integrated into the local community in Mpumalanga Province in January 2012. In February 2012 they applied for an old-age grant, but their application was refused on the basis that they are not South African citizens. Referring to relevant case law, discuss whether this refusal to grant them old-age grants is constitutional.Show the full question

  17. Question 3.3 · South African citizenship: acquisition, naturalisation and loss · 5 marks

    This question concerns South African citizenship and migration law. Provide a discussion of the law regulating the admission of immigrants into South Africa as well as the law regulating the departure of migrants from South Africa.Show the full question

  18. Question 4.1 · Separation of powers and systems of government · 10 marks

    Give a brief discussion of the separation of powers doctrine as it relates to how state authority is divided between the different branches of government. In doing so, also explain how state authority is distributed among the Legislative, Executive and Judicial branches of government.Show the full question

  19. Question 4.2 · Separation of powers and systems of government · 10 marks

    Explain the difference between a parliamentary system of government and a presidential system of government, and then expand on which of these two systems is followed in South Africa.Show the full question

  20. Question 5.1(a) · Constitutionalism, rule of law and constitutional democracy · 5 marks

    Section 1 of the 1996 Constitution states that the Republic of South Africa is a democratic state founded, among other things, on the supremacy of the constitution and the rule of law. Using this as your starting point, briefly explain the most important concepts that a state must adopt in order to become a democracy. With reference to Section 1 of the 1996 Constitution, which states that South Africa is a democratic state founded, among other things, on the supremacy of the constitution and the rule of law, briefly discuss the concept of constitutionalism, including the notion of constitutional supremacy, as one of the concepts a state must adopt to become a democracy.Show the full question

  21. Question 5.1(b) · Constitutionalism, rule of law and constitutional democracy · 5 marks

    Section 1 of the 1996 Constitution states that the Republic of South Africa is a democratic state founded, among other things, on the supremacy of the constitution and the rule of law. Using this as your starting point, briefly explain the most important concepts that a state must adopt in order to become a democracy. With reference to Section 1 of the 1996 Constitution, which states that South Africa is a democratic state founded, among other things, on the supremacy of the constitution and the rule of law, briefly discuss the concept of the rule of law as one of the concepts a state must adopt to become a democracy.Show the full question

  22. Question 5.1(c) · Constitutionalism, rule of law and constitutional democracy · 5 marks

    Section 1 of the 1996 Constitution states that the Republic of South Africa is a democratic state founded, among other things, on the supremacy of the constitution and the rule of law. Using this as your starting point, briefly explain the most important concepts that a state must adopt in order to become a democracy. With reference to Section 1 of the 1996 Constitution, which states that South Africa is a democratic state founded, among other things, on the supremacy of the constitution and the rule of law, briefly discuss the concept of cooperative government as one of the concepts a state must adopt to become a democracy.Show the full question

  23. Question 5.2 · Constitutionalism, rule of law and constitutional democracy · 5 marks

    Section 1 of the 1996 Constitution states that the Republic of South Africa is a democratic state founded, among other things, on the supremacy of the constitution and the rule of law. Using this as your starting point, briefly explain the most important concepts that a state must adopt in order to become a democracy. Discuss, giving your own reasoned view, whether you believe that judicial review is undemocratic or not.Show the full question

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