CPD1501 Oct/Nov 2016 exam paper — questions

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  1. Question 1.1 · Constitutionalism, rule of law and constitutional democracy · 2 marks

    This question consists of ten multiple-choice items, each worth 2 marks, on citizenship, public participation and democracy. Candidates must select the one correct answer for each item and record their answers on the separate mark-reading sheet. Choose the correct meaning of constitutionalism from the following options: (1) having a constitution; (2) having a written and supreme constitution; (3) having either procedural or substantive limitations on the power of government; (4) that the government is not limited in terms of the provisions of the constitution.Show the full question
  2. Question 1.2 · Separation of powers and systems of government · 2 marks

    This question consists of ten multiple-choice items, each worth 2 marks, on citizenship, public participation and democracy. Candidates must select the one correct answer for each item and record their answers on the separate mark-reading sheet. Select which statement correctly describes what the separation of powers requires: (1) division of state authority between the legislative, executive and judicial authorities (branches); (2) interaction between national, provincial and local spheres of government; (3) authoritarian rule and protection of human rights; (4) that the legislative, executive and local governments have their own powers and functions.Show the full question
  3. Question 1.3 · Electoral systems and public participation · 2 marks

    This question consists of ten multiple-choice items, each worth 2 marks, on citizenship, public participation and democracy. Candidates must select the one correct answer for each item and record their answers on the separate mark-reading sheet. Identify what the concept of democracy recognises, choosing from: (1) that there are three types of democracy, namely representative democracy, participatory democracy and popular democracy; (2) that government does not consider the will of the people; (3) that the right to vote via the process of elections is the most fundamental aspect of representative democracy; (4) that the government is not accountable to the electorate.Show the full question
  4. Question 1.4 · Separation of powers and systems of government · 2 marks

    This question consists of ten multiple-choice items, each worth 2 marks, on citizenship, public participation and democracy. Candidates must select the one correct answer for each item and record their answers on the separate mark-reading sheet. Determine which statement correctly describes the form of government that South Africa has, selecting from: (1) it features both the presidential and the parliamentary systems of government; (2) the head of state and the head of government are two different persons; (3) the head of government is elected directly by the people; (4) Parliament is supreme.Show the full question
  5. Question 1.5 · Constitutionalism, rule of law and constitutional democracy · 2 marks

    This question consists of ten multiple-choice items, each worth 2 marks, on citizenship, public participation and democracy. Candidates must select the one correct answer for each item and record their answers on the separate mark-reading sheet. Choose the correct statement regarding judicial review from the following: (1) it is undemocratic because judges have the power to strike down the decisions of a democratic legislature and a democratic and representative government; (2) it is in line with the principles of constitutionalism and democracy; (3) it means that the court is not empowered to declare unconstitutional any legislation that is not consistent with the constitution; (4) it infringes the principle of separation of powers.Show the full question
  6. Question 1.6 · Immigration, refugees and the rights of non-citizens · 2 marks

    This question consists of ten multiple-choice items, each worth 2 marks, on citizenship, public participation and democracy. Candidates must select the one correct answer for each item and record their answers on the separate mark-reading sheet. Select the correct ground on which the refugee status of a person may be withdrawn, from: (1) if it is reasonable and justifiable to do so in terms of section 36 of the Constitution of 1996; (2) if it is reasonable and justifiable to do so in terms of section 39 of the Constitution of 1996; (3) if it is reasonable to do so in terms of section 36 of the Constitution of 1996; (4) if it is justifiable to do so in terms of section 39 of the Constitution of 1996.Show the full question
  7. Question 1.7 · South African citizenship: acquisition, naturalisation and loss · 2 marks

    This question consists of ten multiple-choice items, each worth 2 marks, on citizenship, public participation and democracy. Candidates must select the one correct answer for each item and record their answers on the separate mark-reading sheet. According to the Citizenship Act 1995, identify by whom a minor must be assisted when applying for a certificate of naturalisation, choosing from: (1) a responsible parent or guardian; (2) a friend; (3) a court; (4) his or her school.Show the full question
  8. Question 1.8 · Immigration, refugees and the rights of non-citizens · 2 marks

    This question consists of ten multiple-choice items, each worth 2 marks, on citizenship, public participation and democracy. Candidates must select the one correct answer for each item and record their answers on the separate mark-reading sheet. With reference to the case of Minister of Home Affairs v Watchenuka and Others (010/2003) [2003] ZASCA 142, [2004] 1 All SA 21 (SCA) (28 November 2003), decide whether it is true or false that the Supreme Court of Appeal reiterated non-citizens' right to human dignity, selecting the correct reason from: (1) true, because the court reiterated the right to human dignity of non-citizens in terms of section 10 of the Constitution; (2) false, because the court held that human dignity has nationality and non-citizens are not entitled to it; (3) true, because the court reiterated the right to human dignity of non-citizens in terms of section 16 of the Constitution; (4) false, because the court held that the right to human dignity of non-citizens is not subject to the limitation of rights in terms of section 36.Show the full question
  9. Question 1.9 · Immigration, refugees and the rights of non-citizens · 2 marks

    This question consists of ten multiple-choice items, each worth 2 marks, on citizenship, public participation and democracy. Candidates must select the one correct answer for each item and record their answers on the separate mark-reading sheet. Identify one requirement for a foreigner to be issued with a permanent residence permit, being that he or she must have been: (1) a child of a South African citizen; (2) a child, above the age of 21, of a citizen or permanent resident; (3) the spouse of a citizen or permanent resident for one year, with the Director-General satisfied that a good faith spousal relationship exists; (4) the holder of a work permit, including one issued under a corporate permit for two years, and have received an offer of permanent employment.Show the full question
  10. Question 1.10 · Immigration, refugees and the rights of non-citizens · 2 marks

    This question consists of ten multiple-choice items, each worth 2 marks, on citizenship, public participation and democracy. Candidates must select the one correct answer for each item and record their answers on the separate mark-reading sheet. In terms of the Refugees Act, select which of the following is a ground on which an asylum seeker permit may be withdrawn, if the: (1) applicant gets married to a South African citizen; (2) application for asylum has been found to be fraudulent; (3) applicant divorces a South African citizen; (4) applicant impregnates a South African citizen.Show the full question
  11. Question 2.1 · South African citizenship: acquisition, naturalisation and loss · 15 marks

    Provide a discussion of the legislative history of South African citizenship law.Show the full question
  12. Question 2.2 · South African citizenship: acquisition, naturalisation and loss · 15 marks

    Mr and Mrs Malapo are unemployed Zimbabwean citizens who have obtained permanent residence status in South Africa. During the 1980s they fled Zimbabwe because of the outbreak of civil war and sought refuge in South Africa, eventually integrating into the local community in Mpumalanga province. With the help of social workers, they applied for an old-age grant in January 2012. In February 2012 their applications for the old-age grants were turned down on the basis that they are not South African citizens. Referring to relevant case law, discuss whether this refusal of their old-age grant applications is constitutional.Show the full question
  13. Question 3.1 · Constitutionalism, rule of law and constitutional democracy · 10 marks

    Write an explanation of the different forms of democracy, and describe the various features that are common in most democratic constitutional states.Show the full question
  14. Question 3.2 · Constitutionalism, rule of law and constitutional democracy · 15 marks

    Provide a short discussion of the principle of separation of powers as it relates to how state authority is divided between the branches of government. Your discussion must also cover how state authority is distributed among the Legislative, Executive and Judicial branches of government.Show the full question
  15. Question 4.1 · Electoral systems and public participation · 10 marks

    Explain the process through which a policy is transformed into law, making sure that your response covers all four stages of this process in detail.Show the full question
  16. Question 4.2 · Electoral systems and public participation · 15 marks

    In your own words, explain what you understand public participation in a democracy to mean. Your answer should refer to both representative democracy and participatory democracy.Show the full question

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