CPD1501 May/Jun 2017 exam paper — questions

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

    This is a multiple-choice question on citizenship, public participation and democracy. For each item below, select the one correct answer from the four (or in some cases numbered in brackets) options provided. Choose the correct statement regarding what constitutionalism entails: option 1) it is the same thing as merely having a Constitution; option 2) it means having a written and supreme Constitution; option 3) it essentially means having either procedural or substantive limitations on the power of government; option 4) it means that 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 is a multiple-choice question on citizenship, public participation and democracy. For each item below, select the one correct answer from the four (or in some cases numbered in brackets) options provided. Select the correct statement about what the separation of powers requires: option 1) division of state authority between the legislative, executive and judicial authority (branches); option 2) interaction between national, provincial and local spheres of government; option 3) that it encourages authoritarian rule and protection of human rights; option 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 is a multiple-choice question on citizenship, public participation and democracy. For each item below, select the one correct answer from the four (or in some cases numbered in brackets) options provided. Identify the correct statement about what the concept of democracy recognises: option 1) that there are three types of democracy, namely representative democracy, participatory democracy and popular democracy; option 2) that government does not consider the will of the people; option 3) that the right to vote via the process of elections is the most fundamental aspect of representative democracy; option 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 is a multiple-choice question on citizenship, public participation and democracy. For each item below, select the one correct answer from the four (or in some cases numbered in brackets) options provided. Select the correct description of the form of government South Africa has: option 1) it has both features of the Presidential and the Parliamentary system of government; option 2) the head of state and the head of government are two different persons; option 3) the head of government is elected directly by the people; option 4) parliamentary supremacy.Show the full question

  5. Question 1.5 · Constitutionalism, rule of law and constitutional democracy · 2 marks

    This is a multiple-choice question on citizenship, public participation and democracy. For each item below, select the one correct answer from the four (or in some cases numbered in brackets) options provided. Choose the correct statement about judicial review: option 1) it is undemocratic because judges have the power to strike down the decisions of a democratic legislature and a democratic and representative government; option 2) it is in line with the principles of constitutionalism and democracy; option 3) it means that the court is not empowered to declare unconstitutional any legislation that is not consistent with the constitution; option 4) it infringes on the separation of powers principle.Show the full question

  6. Question 1.6 · South African citizenship: acquisition, naturalisation and loss · 2 marks

    This is a multiple-choice question on citizenship, public participation and democracy. For each item below, select the one correct answer from the four (or in some cases numbered in brackets) options provided. According to the Citizenship Act 88 of 1995, indicate how many methods there are of acquiring South African citizenship: option 1) two; option 2) three; option 3) four; option 4) five.Show the full question

  7. Question 1.7 · Immigration, refugees and the rights of non-citizens · 2 marks

    This is a multiple-choice question on citizenship, public participation and democracy. For each item below, select the one correct answer from the four (or in some cases numbered in brackets) options provided. In terms of the Refugee Act, select which of the following is a ground on which an asylum seeker permit may be withdrawn: option (1) if the applicant gets married to a South African citizen; option (2) if the application for asylum has been found to be fraudulent; option (3) if the applicant divorces a South African citizen; option (4) if the applicant impregnates a South African citizen.Show the full question

  8. Question 1.8 · South African citizenship: acquisition, naturalisation and loss · 2 marks

    This is a multiple-choice question on citizenship, public participation and democracy. For each item below, select the one correct answer from the four (or in some cases numbered in brackets) options provided. Select what citizenship by descent involves acquiring citizenship through: option 1) your ancestry; option 2) naturalization; option 3) birth; option 4) both naturalization and birth.Show the full question

  9. Question 1.9 · South African citizenship: acquisition, naturalisation and loss · 2 marks

    This is a multiple-choice question on citizenship, public participation and democracy. For each item below, select the one correct answer from the four (or in some cases numbered in brackets) options provided. Choose which of the following is one of the requirements that a foreigner must comply with in order to be issued with a certificate of naturalization: option 1) he or she must prove that he or she has been lawfully admitted to the Republic for temporary residence; option 2) he or she must prove that he or she has been issued with an asylum seeker permit; option 3) he or she must prove that he or she has been lawfully admitted to the Republic for permanent residence; option 4) he or she must prove that he or she has been granted a refugee status.Show the full question

  10. Question 1.10 · South African citizenship: acquisition, naturalisation and loss · 2 marks

    This is a multiple-choice question on citizenship, public participation and democracy. For each item below, select the one correct answer from the four (or in some cases numbered in brackets) options provided. Select what a period of residence or ordinary residence includes: option 1) any period during which an applicant has been resident outside the Republic with his or her spouse while the latter was so employed; option 2) a period when a foreigner is or was confined in a prison or other place of detention in the Republic after being convicted; option 3) a period when a foreigner has sojourned in the Republic, either conditionally, temporarily or in contravention of any law in force in the Republic; option 4) a period when a foreigner is a student at one of the Universities in South Africa.Show the full question

  11. Question 2.1 · South African citizenship: acquisition, naturalisation and loss · 10 marks

    Discuss the various requirements that a foreigner has to satisfy before he or she can be issued with a certificate of naturalisation.Show the full question

  12. Question 2.2 · South African citizenship: acquisition, naturalisation and loss · 5 marks

    Explain what is meant by a period of residence or ordinary residence, and describe what this concept includes for purposes of deciding whether a foreigner should be granted a certificate of naturalisation.Show the full question

  13. Question 2.3 · South African citizenship: acquisition, naturalisation and loss · 5 marks

    Sipho, a foreigner, was found guilty of rape in 2001 and was given a nine-year prison sentence, which he served in full at Pretoria prison. Having now been resident in South Africa for 10 years, he approaches you for advice, saying he wishes to apply for a certificate of naturalisation. Advise Sipho on whether he will be issued with a certificate of naturalisation.Show the full question

  14. Question 3.1 · South African citizenship: acquisition, naturalisation and loss · 5 marks

    Sipho possesses dual nationality, holding both South African citizenship and Canadian citizenship. He has recently discovered that his South African citizenship is being taken away from him. Seeking your legal advice, he explains that the reason given for the deprivation of his citizenship is that he was convicted and sentenced to five years' imprisonment for bank robbery, which occurred in Canada. He wants to know whether this deprivation of his citizenship is lawful. Provide him with advice.Show the full question

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

    Explain what happens to the citizenship status of children when they lose their citizenship because their parents stopped being South African citizens. This situation arises where the parents voluntarily acquired citizenship of another country without applying to retain their South African citizenship, or where the parents were deprived of their citizenship. Discuss the consequences of loss of citizenship for the children in this scenario.Show the full question

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

    Mr X, who is a qualified engineer, is granted a permanent resident permit. Two months after receiving this permit, he is permanently appointed as a manager by the Department of Trade and Industry. Three months after that appointment, he receives a letter informing him that his employment is being withdrawn on the grounds that, as a foreigner, he does not qualify for permanent employment. Provide Mr X with legal advice on this matter.Show the full question

  17. Question 3.4 · South African citizenship: acquisition, naturalisation and loss · 10 marks

    Discuss how citizens' rights may be limited, with reference to section 36 of the Constitution.Show the full question

  18. Question 4.1 · Constitutionalism, rule of law and constitutional democracy · 10 marks

    This question, worth 35 marks in total, deals with constitutionalism, the separation of powers and democracy under the South African Constitution of 1996. Explain the difference between the parliamentary system of government and the presidential system of government, and elaborate on which of these systems South Africa follows.Show the full question

  19. Question 4.2 · Constitutionalism, rule of law and constitutional democracy · 10 marks

    This question, worth 35 marks in total, deals with constitutionalism, the separation of powers and democracy under the South African Constitution of 1996. Give a short discussion of the principle of separation of powers as it relates to how state authority is divided among the branches of government. As part of your answer, also discuss how state authority is distributed among the Legislative, Executive and Judicial branches of government.Show the full question

  20. Question 4.3(a) · Constitutionalism, rule of law and constitutional democracy · 5 marks

    This question, worth 35 marks in total, deals with constitutionalism, the separation of powers and democracy under the South African Constitution of 1996. Section 1 of the 1996 Constitution provides that the Republic of South Africa is a democratic state founded, among other things, on the supremacy of the constitution and on the rule of law. Considering the key concepts a state must embrace in order to become a democracy, give a short discussion of constitutionalism, including the concept of constitutional supremacy.Show the full question

  21. Question 4.3(b) · Constitutionalism, rule of law and constitutional democracy · 5 marks

    This question, worth 35 marks in total, deals with constitutionalism, the separation of powers and democracy under the South African Constitution of 1996. Continuing from the discussion of the concepts a state must adopt to become a democracy under section 1 of the 1996 Constitution, give a short discussion of the rule of law.Show the full question

  22. Question 4.4 · Constitutionalism, rule of law and constitutional democracy · 5 marks

    This question, worth 35 marks in total, deals with constitutionalism, the separation of powers and democracy under the South African Constitution of 1996. Give your view, with supporting discussion, on whether judicial review can be regarded as undemocratic.Show the full question

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