FUR2601 Oct/Nov 2017 exam paper — questions
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Question A1 · Application of the Bill of Rights · 2 marks
Consider the statement: the case of S v Makwanyane is a clear example of the indirect application of the Bill of Rights, where the Constitutional Court found that section 277 of the Criminal Procedure Act 51 of 1977 was unconstitutional and therefore invalid.Show the full question
Question A2 · Litigation: standing, onus and access · 2 marks
Consider the statement: only the Constitutional Court can decide on the constitutionality of any amendment of the Constitution.Show the full question
Question A3 · Application of the Bill of Rights · 2 marks
Consider the statement: the South African Broadcasting Corporation (SABC) can invoke the right to freedom of expression.Show the full question
Question A4 · Litigation: standing, onus and access · 2 marks
Consider the statement: to prove that one is acting in the public interest in terms of section 38(d) of the Constitution, one has to show that one is acting in the public interest and that the public has sufficient interest in the remedy.Show the full question
Question A5 · Limitation of rights (s36) · 2 marks
Consider the statement: a provision in law requiring all medical doctors, but not members of any other profession, to do community service qualifies as a law of general application in terms of section 36 of the Constitution.Show the full question
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