CPD1501 Oct/Nov 2017 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 question requiring you to select the correct answer for each of the following ten items, each worth 2 marks. Select the correct statement describing what a period of residence or ordinary residence includes: option 1) any period during which an applicant has been employed outside the Republic in the service of the Government of the Republic, or on a ship, aircraft or public means of transport registered or licensed in and operating from the Republic; 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

  2. Question 1.2 · Electoral systems and public participation · 2 marks

    This is a multiple-choice question requiring you to select the correct answer for each of the following ten items, each worth 2 marks. Identify the case that dealt with the question of whether South African citizens residing in other countries are entitled to vote: option 1) August and Another v Electoral Commission and others (CCT8/99) [1999] ZACC 3, 1999 (3) SA 1, 1999 (4) BCLR 363 (1 April 1999); option 2) Richter v Minister for Home Affairs and Others 2009 (5) BCLR 448 (CC); option 3) Khosa and others v Minister of Social Development and others (2004 (6) BCLR 569 (CC) (4 March 2004); option 4) Larbi-Odam and others v the member of the Executive Council for Education (North West Province) and another, 1998 (1) SA 745 (CC).Show the full question

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

    This is a multiple-choice question requiring you to select the correct answer for each of the following ten items, each worth 2 marks. Select the correct circumstance under which deprivation of citizenship occurs in the case of children: option 1) the parents of children under the age of 18 and born outside the Republic cease to be South African citizens by voluntarily obtaining citizenship of another country, without requesting the retention of South African citizenship, or as a result of deprivation; option 2) the parents of children above the age of 18 and born outside the Republic cease to be South African citizens by voluntarily obtaining citizenship of another country without requesting the retention of South African citizenship or as a result of deprivation; option 3) the parents of children under the age of 18 and born outside the Republic are convicted and sentenced to life imprisonment; option 4) the parents of children above the age of 18 and born outside the Republic are convicted and sentenced to life imprisonment.Show the full question

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

    This is a multiple-choice question requiring you to select the correct answer for each of the following ten items, each worth 2 marks. Choose the right that non-citizens are NOT entitled to: option 1) the right to vote; option 2) the right to equality; option 3) the right to life; option 4) the right to permanent employment.Show the full question

  5. Question 1.5 · South African citizenship: acquisition, naturalisation and loss · 2 marks

    This is a multiple-choice question requiring you to select the correct answer for each of the following ten items, each worth 2 marks. Select the correct method of losing South African citizenship in terms of the Citizenship Act 1995: option 1) when an automatic statutory operation takes place; option 2) when the person is critical of the government; option 3) when the person is not a student at one of the universities in South Africa; option 4) when the person resigns from his or her employment.Show the full question

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

    This is a multiple-choice question requiring you to select the correct answer for each of the following ten items, each worth 2 marks. Identify what constitutionalism entails: option 1) the same thing as the mere fact of having a Constitution; option 2) having a written and supreme Constitution; option 3) essentially having either procedural or substantive limitations on the power of government; option 4) that the government is not limited in terms of the provisions of the Constitution.Show the full question

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

    This is a multiple-choice question requiring you to select the correct answer for each of the following ten items, each worth 2 marks. Select what 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) 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

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

    This is a multiple-choice question requiring you to select the correct answer for each of the following ten items, each worth 2 marks. Choose what the concept of democracy recognises: option 1) that there are three types of democracy, being 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

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

    This is a multiple-choice question requiring you to select the correct answer for each of the following ten items, each worth 2 marks. Select the form of government that South Africa has: option 1) 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

  10. Question 1.10 · Constitutionalism, rule of law and constitutional democracy · 2 marks

    This is a multiple-choice question requiring you to select the correct answer for each of the following ten items, each worth 2 marks. 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

  11. Question 2.1 · South African citizenship: acquisition, naturalisation and loss · 5 marks

    This question deals with citizenship, refugee status, proportional representation and judicial review under South African law. Sipho holds both South African citizenship and Canadian citizenship. He has just discovered that his South African citizenship has been taken away from him. He approaches you for legal advice, explaining that the reason given for depriving him of his citizenship is that he was convicted and sentenced to five years' imprisonment for committing a bank robbery in Canada. He wants to know whether this deprivation of his citizenship is lawful. Advise Sipho.Show the full question

  12. Question 2.2 · South African citizenship: acquisition, naturalisation and loss · 2 marks

    This question deals with citizenship, refugee status, proportional representation and judicial review under South African law. Themba was granted refugee status in March 2016. In May 2017 he publishes an article criticising a judgment that the Constitutional Court delivered in April 2012. Determine whether writing this article provides grounds for the cessation (ending) of Themba's refugee status.Show the full question

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

    This question deals with citizenship, refugee status, proportional representation and judicial review under South African law. Set out and explain the various circumstances that would justify bringing a person's refugee status to an end (cessation of refugee status).Show the full question

  14. Question 2.4 · South African citizenship: acquisition, naturalisation and loss · 5 marks

    This question deals with citizenship, refugee status, proportional representation and judicial review under South African law. Provide a discussion of the system of proportional representation and explain what this system means for the way the South African electoral system operates.Show the full question

  15. Question 2.5 · South African citizenship: acquisition, naturalisation and loss · 5 marks

    This question deals with citizenship, refugee status, proportional representation and judicial review under South African law. Give a discussion setting out your own view on whether judicial review should be regarded as undemocratic, supporting your answer with reasons.Show the full question

  16. Question 3.1(a) · Immigration, refugees and the rights of non-citizens · 10 marks

    This question concerns the rights afforded to citizens and non-citizens of South Africa under the Constitution. With reference to the rights of citizens, discuss the political rights that citizens enjoy.Show the full question

  17. Question 3.1(b) · Immigration, refugees and the rights of non-citizens · 4 marks

    This question concerns the rights afforded to citizens and non-citizens of South Africa under the Constitution. With reference to the rights of citizens, discuss the right to enter, to remain in and to reside anywhere within the Republic of South Africa.Show the full question

  18. Question 3.1(c) · Immigration, refugees and the rights of non-citizens · 4 marks

    This question concerns the rights afforded to citizens and non-citizens of South Africa under the Constitution. With reference to the rights of citizens, discuss the freedom of trade, occupation and profession.Show the full question

  19. Question 3.2 · Immigration, refugees and the rights of non-citizens · 10 marks

    This question concerns the rights afforded to citizens and non-citizens of South Africa under the Constitution. Mr X, a qualified engineer, is granted a permanent residence permit. Two months afterwards 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 status. Advise Mr X on this matter.Show the full question

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

    This question deals with the constitutional principle of separation of powers, the eligibility of permanently resident foreigners for social grants, and the confidentiality rules governing refugee appeal hearings. Give a brief discussion of the principle of separation of powers as it relates to how state authority is divided between the different branches of government. In your answer you must also explain how state authority is distributed among the Legislature, the Executive and the Judiciary.Show the full question

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

    This question deals with the constitutional principle of separation of powers, the eligibility of permanently resident foreigners for social grants, and the confidentiality rules governing refugee appeal hearings. Mr and Mrs Malapo are unemployed Zimbabwean citizens who hold 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, where they became integrated into the local community in Mpumalanga province. In January 2017, with the help of social workers, they applied for an old-age grant. In February 2017 their applications for the old-age grants were turned down on the ground that they are not South African citizens. With reference to relevant case law, discuss whether the refusal of their old-age grant applications is constitutional.Show the full question

  22. Question 4.3 · Separation of powers and systems of government · 10 marks

    This question deals with the constitutional principle of separation of powers, the eligibility of permanently resident foreigners for social grants, and the confidentiality rules governing refugee appeal hearings. The confidentiality of asylum applications, and of the information they contain, must be protected at all times. Despite this, the Refugee Appeals Authority is permitted, on application and subject to any conditions it considers appropriate, to allow a person or the media to attend or report on its hearing. Discuss what those conditions are.Show the full question

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