How often The Constitution and fundamental rights is asked
11 of 11
papers asked it
avg 24 marks · last Oct 2017
Worth 0.5–6 marks when it appears as a written question, plus 43 multiple-choice items.
Where it was asked
The questions
Oct/Nov 2012, Q5(a)2 marks
Explain what is meant when reference is made to the 'constitution' of South Africa.
Oct/Nov 2012, Q5(b)(i)3 marks
Consider the following scenario: an alleged drug dealer is brought before court on drug-related charges, and attorney Jane Mothibe represents him. He alleges that the police tortured him in order to persuade him to sign a confession, and that they told him he was a criminal who had no rights at all. Based on this scenario, identify the three fundamental rights that would protect the alleged drug dealer in this situation.
Oct/Nov 2012, Q5(b)(ii)3 marks
Using the same scenario of the alleged drug dealer represented by Jane Mothibe who claims he was tortured by police to sign a confession after being told he had no rights, identify and discuss in full detail the category into which the three fundamental rights you named in the previous part fall.
Oct/Nov 2012, Q5(b)(iii)2 marks
Again referring to the scenario of the alleged drug dealer represented by Jane Mothibe who was allegedly tortured by police into signing a confession after being told he had no rights, state which type of application of the Bill of Rights applies in this scenario, and give a reason for your answer.
Oct/Nov 2012, Q6(a)5 marks
The 1996 Constitution has significantly influenced various areas of South African law. With reference to the way the 1996 Constitution has shaped family law, discuss its influence specifically on how a marriage is defined and on the legal position of same-sex (gay) couples in this context.
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