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
What costs marks here
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The questions
Oct/Nov 2017, Q3(a)(i)5 marks
Johan and Yonela are involved in an interracial relationship. One day a conservative and corrupt police officer, Mr Chabede, approaches the couple and tells them that they are 'immoral and second-class citizens'. He warns them that he has the power to arrest them and that he will do so unless each of them pays him R300. Identify and discuss in detail the type of fundamental right(s) that would protect Johan and Yonela in this situation.
Oct/Nov 2017, Q3(a)(ii)1 mark
Referring to the same scenario in which Mr Chabede threatens Johan and Yonela over their interracial relationship, state which type of application of the Bill of Rights is relevant in this situation.
Oct/Nov 2017, Q3(a)(iii)4 marks
Mr Chabede argues that fundamental rights may be limited and that his conduct towards Johan and Yonela amounts to a justifiable limitation of their rights. Explain how a court would go about determining whether a limitation of a fundamental right is justifiable.
Oct/Nov 2017, Q3(b)5 marks
Melissa and Rudene have been in a same-sex relationship for the past six years. They wish to get married but are uncertain whether the law permits gay people to marry. As their lawyer, and bearing in mind the influence of the Constitution, explain to Melissa and Rudene what their legal position is and outline the different options available to them for formalising their union.
Oct/Nov 2017, Q92 marks · multiple choice
This is Section B of the ILW1501 (Introduction to Law) October/November 2017 examination. It is made up of 15 multiple-choice questions, and for each one the candidate must select the ONE correct statement and record it on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each question is worth two marks, and the unique number 473798 must be filled in on the mark-reading sheet. The Constitution has established a number of state institutions to support South Africa's democracy. Identify which of the following is NOT one of these institutions: (1) the South African Revenue Service; (2) the Commission for Gender Equality; (3) the Electoral Commission; (4) the Auditor-General.
Oct/Nov 2017, Q102 marks · multiple choice
This is Section B of the ILW1501 (Introduction to Law) October/November 2017 examination. It is made up of 15 multiple-choice questions, and for each one the candidate must select the ONE correct statement and record it on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each question is worth two marks, and the unique number 473798 must be filled in on the mark-reading sheet. Indicate in which chapter of the Constitution the Bill of Rights can be found, choosing from: (1) Chapter 1; (2) Chapter 2; (3) Chapter 3; (4) none of the above.
Oct/Nov 2017, Q112 marks · multiple choice
This is Section B of the ILW1501 (Introduction to Law) October/November 2017 examination. It is made up of 15 multiple-choice questions, and for each one the candidate must select the ONE correct statement and record it on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each question is worth two marks, and the unique number 473798 must be filled in on the mark-reading sheet. Some rights contained in the Bill of Rights are non-derogable. Select which of the following rights is protected in its entirety: (1) the right to equality; (2) the right to human dignity; (3) the right to freedom and security of the person; (4) the right to property.
Oct/Nov 2017, Q122 marks · multiple choice
This is Section B of the ILW1501 (Introduction to Law) October/November 2017 examination. It is made up of 15 multiple-choice questions, and for each one the candidate must select the ONE correct statement and record it on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each question is worth two marks, and the unique number 473798 must be filled in on the mark-reading sheet. Indicate in which section of the Constitution the limitation clause is located, choosing from: (1) section 9; (2) section 13; (3) section 26; (4) none of the above.
May/Jun 2017, Q3.13 marks
Give a brief discussion of the possible effects that constitutionalism can have on legislation.
May/Jun 2017, Q3.2.11 mark
Consider the following scenario: the government has granted permission for the testing of nuclear weapons in a remote area of the country, believing it to be safe because no one lives anywhere near that area. The Green Party disagrees and decides to launch a protest action. The Van der Merwes and the Mothibes, who are environmental activists, decide to join the protest. Jane is a member of the Green Party's legal team, which is seeking a court order to prevent the nuclear testing from proceeding. Based on this scenario, identify which specific fundamental right has been infringed.
May/Jun 2017, Q3.2.22 marks
Referring to the same nuclear-testing scenario (in which the government authorised testing in a remote area, the Green Party protested, the Van der Merwes and Mothibes joined the protest as environmental activists, and Jane of the Green Party's legal team sought a court order to stop the testing), identify and discuss the category of the fundamental right that has been infringed.
May/Jun 2017, Q3.35 marks
List five factors that a court will consider when determining whether the limitation of a fundamental right is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom.
May/Jun 2017, Q3.4.11 mark
Consider the following scenario: John Brown and Peter Smith have been in a permanent same-sex relationship for many years and have always dreamed of marrying, but unfortunately for them, the definition of marriage in South African law did not previously include permanent same-sex relationships. They were delighted when, in 2005, the Constitutional Court decided that such relationships must also be included in the definition of marriage, ruling that the definition of marriage in terms of the common law and the Marriage Act 25 of 1961 is unconstitutional. John and Peter were even more delighted when the Civil Union Act 17 of 2006 came into operation at the end of 2006. Based on this scenario, explain why the Constitutional Court decided that the definition of marriage, in terms of the common law and the Marriage Act of 1961, is unconstitutional.
May/Jun 2017, Q3.4.23 marks
Referring to the same scenario involving John Brown and Peter Smith, who were in a permanent same-sex relationship and welcomed the Constitutional Court's 2005 ruling on the definition of marriage, explain how the Civil Union Act 17 of 2006 changed the legal position regarding same-sex relationships in South Africa.
May/Jun 2017, Q102 marks · multiple choice
This section is made up of 15 multiple-choice items. For every item you must select the ONE correct statement and record your choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each item is worth TWO marks, and the unique number 475125 must be entered on the mark-reading sheet. Two statements about the meaning of "Supremacy of the Constitution" are given: (a) Parliament can declare any law that is inconsistent with the Constitution to be unconstitutional; (b) the Constitution prescribes standards which must be followed in order to make all law consistent with the Constitution. Decide which option correctly reflects the accuracy of these statements.
May/Jun 2017, Q112 marks · multiple choice
This section is made up of 15 multiple-choice items. For every item you must select the ONE correct statement and record your choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each item is worth TWO marks, and the unique number 475125 must be entered on the mark-reading sheet. Identify in which chapter of the Constitution the Bill of Rights is found.
May/Jun 2017, Q122 marks · multiple choice
This section is made up of 15 multiple-choice items. For every item you must select the ONE correct statement and record your choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each item is worth TWO marks, and the unique number 475125 must be entered on the mark-reading sheet. Within the Bill of Rights, non-derogable rights are described as those rights which fall into one of four categories. Identify which one of the following statements about non-derogable rights is INCORRECT.
Oct/Nov 2016, Q3.14 marks
In 2005 the Constitutional Court handed down a decision declaring the existing definition of marriage to be unconstitutional, and as a result the Civil Union Act 17 of 2006 was subsequently put into effect. Explain how this Act altered the way in which permanent cohabitation relationships between both homosexual and heterosexual couples are now regarded.
Oct/Nov 2016, Q3.21 mark
The Constitutional Court ruled that the definition of marriage was unconstitutional because it infringed on certain fundamental rights. Name these fundamental rights.
Oct/Nov 2016, Q3.31 mark
State what it is that entitles a person to claim fundamental rights.
Oct/Nov 2016, Q3.43 marks
Provide an explanation of what fundamental rights entail.
Oct/Nov 2016, Q3.56 marks
Name the measures set out in section 36 of the Constitution according to which a right contained in the Bill of Rights may be limited.
Oct/Nov 2016, QB.92 marks · multiple choice
This section contains 15 multiple-choice questions. For each question, choose the ONE correct statement/answer and mark it on the mark-reading sheet using an HB pencil. Each question counts TWO marks. The unique number to fill in on the mark-reading sheet is 473364. Consider these two statements: (a) The Bill of Rights is the cornerstone of democracy in South Africa and no right in the Bill of Rights may be limited; (b) In terms of the supremacy of the Constitution, only the President of South Africa is not subject to the Constitution. Indicate which option is correct.
Oct/Nov 2016, QB.102 marks · multiple choice
This section contains 15 multiple-choice questions. For each question, choose the ONE correct statement/answer and mark it on the mark-reading sheet using an HB pencil. Each question counts TWO marks. The unique number to fill in on the mark-reading sheet is 473364. What are the three sections or branches called into which the powers of the state are separated?
Oct/Nov 2016, QB.112 marks · multiple choice
This section contains 15 multiple-choice questions. For each question, choose the ONE correct statement/answer and mark it on the mark-reading sheet using an HB pencil. Each question counts TWO marks. The unique number to fill in on the mark-reading sheet is 473364. Read the following statement and choose the correct option: "In South Africa, all legislation may be challenged in terms of the Constitution, in a court, and changed or removed if it is found to be inconsistent with the Constitution."
Oct/Nov 2016, QB.122 marks · multiple choice
This section contains 15 multiple-choice questions. For each question, choose the ONE correct statement/answer and mark it on the mark-reading sheet using an HB pencil. Each question counts TWO marks. The unique number to fill in on the mark-reading sheet is 473364. Derek decides to install a generator on his residential property to use in the event of a power outage. However, the generator emits an excessive amount of unclean fumes, and Derek's neighbours are becoming increasingly distressed by these fumes. Identify which fundamental right Derek is infringing.
Oct/Nov 2016, QB.132 marks · multiple choice
This section contains 15 multiple-choice questions. For each question, choose the ONE correct statement/answer and mark it on the mark-reading sheet using an HB pencil. Each question counts TWO marks. The unique number to fill in on the mark-reading sheet is 473364. Read the scenario in Question 12 again (about Derek and his generator) and answer this question: Derek's neighbours decide to apply for a court order to prevent him from operating his generator. Identify which statement is correct.
Oct/Nov 2016, QB.142 marks · multiple choice
This section contains 15 multiple-choice questions. For each question, choose the ONE correct statement/answer and mark it on the mark-reading sheet using an HB pencil. Each question counts TWO marks. The unique number to fill in on the mark-reading sheet is 473364. Identify which one of the following statements about non-derogable rights in the Bill of Rights is incorrect. In the Bill of Rights, non-derogable rights include those rights which:
May/Jun 2016, Q3.13 marks
Provide an explanation of what is meant by the term 'constitution'.
May/Jun 2016, Q3.24 marks
Explain what is meant by the phrase 'separation of the state's powers' and give reasons why this separation of powers is regarded as so important.
May/Jun 2016, Q3.33 marks
Give a short discussion of the possible effects that constitutionalism may have on legislation.
May/Jun 2016, Q3.43 marks
Explain what is meant by the term 'a fundamental right'.
May/Jun 2016, Q3.52 marks
Draw a distinction between the horizontal application and the vertical application of the Bill of Rights.
May/Jun 2016, Q82 marks · multiple choice
Section B consists of fifteen multiple-choice questions, each worth two marks, making up a total of 30 marks for the section. Candidates must select ONE correct statement per question and record their choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. The unique number to be filled in on the mark-reading sheet is 478340. Consider the following two statements about 'supremacy of the Constitution': (a) Parliament can declare any law that is inconsistent with the Constitution to be unconstitutional; (b) the Constitution prescribes standards which must be followed in order to make all law consistent with the Constitution. Decide which one of the given options about the correctness of (a) and (b) is correct.
May/Jun 2016, Q92 marks · multiple choice
Section B consists of fifteen multiple-choice questions, each worth two marks, making up a total of 30 marks for the section. Candidates must select ONE correct statement per question and record their choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. The unique number to be filled in on the mark-reading sheet is 478340. Jonathan Jones is in grade 8 and battles with mathematics. One day his teacher loses her temper, gives him a hiding and calls him 'a stupid monkey.' The next day Jonathan refuses to go back to school, and his parents go to see the headmaster. Identify which fundamental right of Jonathan has been infringed.
May/Jun 2016, Q102 marks · multiple choice
Section B consists of fifteen multiple-choice questions, each worth two marks, making up a total of 30 marks for the section. Candidates must select ONE correct statement per question and record their choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. The unique number to be filled in on the mark-reading sheet is 478340. In terms of section 36 of the Constitution, the court will take certain factors into account to determine whether a limitation of a right is justifiable. Indicate which of the listed factors is NOT one that the court will consider.
Oct/Nov 2015, Q3.a5 marks
List the special features that have been built into South Africa's Constitution to ensure that our democracy succeeds.
Oct/Nov 2015, Q3.b4 marks
This part deals with the Bill of Rights and the different kinds of fundamental rights. For each numbered item in Column A, write down the letter of the item in Column B that matches it (write only the letter next to the relevant number, e.g. 6 a). Column A lists: 1 third-generation rights; 2 blue right; 3 horizontal application; 4 Bill of Rights; 5 claim to a fundamental right; 6 red right; 7 right to equality; 8 first-generation rights. Column B lists: a individual against individual; b right to education; c protection of the individual against abuse of state power; d discrimination on grounds of gender or sex; e right to life; f focus on the interests of a group; g human dignity; h Chapter 2 of the Constitution.
Oct/Nov 2015, Q3.c3 marks
Consider the statement: 'Section 36 of the Constitution determines that the fundamental rights which are protected in the Bill of Rights may not be limited.' State whether this statement is correct or incorrect, and give a reason for your answer.
Oct/Nov 2015, Q3.d3 marks
The 1996 Constitution has significantly influenced various fields of our law, including family law. Explain how the Civil Union Act of 2006 changed the legal position with regard to same-sex relationships.
Oct/Nov 2015, Q102 marks · multiple choice
Section B is made up of 15 multiple-choice questions. For each question you must select the ONE correct or most appropriate statement from the four (or in some cases two) options given and record your choice on the mark-reading sheet provided, using an HB pencil. Each question is worth TWO marks, making a section total of 30 marks. The unique number 470655 must be filled in on the mark-reading sheet. Identify the INCORRECT statement about a constitution from the options below.
Oct/Nov 2015, Q112 marks · multiple choice
Section B is made up of 15 multiple-choice questions. For each question you must select the ONE correct or most appropriate statement from the four (or in some cases two) options given and record your choice on the mark-reading sheet provided, using an HB pencil. Each question is worth TWO marks, making a section total of 30 marks. The unique number 470655 must be filled in on the mark-reading sheet. Jonathan Jones is in grade 8 and battles with mathematics. One day his teacher loses her temper, gives him a hiding and calls him 'a stupid monkey'. The next day Jonathan refuses to go back to school and his parents go to see the headmaster. Which fundamental right of Jonathan has been infringed?
Oct/Nov 2015, Q122 marks · multiple choice
Section B is made up of 15 multiple-choice questions. For each question you must select the ONE correct or most appropriate statement from the four (or in some cases two) options given and record your choice on the mark-reading sheet provided, using an HB pencil. Each question is worth TWO marks, making a section total of 30 marks. The unique number 470655 must be filled in on the mark-reading sheet. State whether the following is true or false: in terms of the Constitution of 1996, the right to human dignity may be suspended when the state declares a state of emergency.
May/Jun 2015, Q3(a)5 marks
This question deals with the South African Constitution of 1996 and the Bill of Rights. Name the special features that have been built into the South African Constitution to ensure that our democracy succeeds. List five such features (numbered 1 to 5 on the answer sheet).
May/Jun 2015, Q3(b)6 marks
This question deals with the South African Constitution of 1996 and the Bill of Rights. The South African Constitution of 1996 provides for the separation of the powers of government. Name the three branches of government and explain the function of each of these three branches.
May/Jun 2015, Q3(c)3 marks
This question deals with the South African Constitution of 1996 and the Bill of Rights. Complete a diagram to show the three categories of fundamental rights protected by the Constitution. For each of the three categories (listed as 1, 2 and 3 in a table with the headings 'Category' and 'One Example'), give one example of a fundamental right that falls under that category.
May/Jun 2015, Q3(d)1 mark
This question deals with the South African Constitution of 1996 and the Bill of Rights. State the purpose of the first-generation rights that are entrenched in the Bill of Rights.
May/Jun 2015, QB.92 marks · multiple choice
Section B of the paper consists of 15 multiple-choice questions, each worth two marks, giving a section total of 30 marks. For each question the candidate must select the one correct or most appropriate statement from four (or, in some cases, two) numbered alternatives and mark the chosen answer on the mark-reading sheet provided, using an HB pencil. Candidates are instructed to read the mark-reading sheet instructions carefully and to fill in the unique number 470944 on that sheet before answering. Identify which of the following statements about a constitution is INCORRECT.
May/Jun 2015, QB.102 marks · multiple choice
Section B of the paper consists of 15 multiple-choice questions, each worth two marks, giving a section total of 30 marks. For each question the candidate must select the one correct or most appropriate statement from four (or, in some cases, two) numbered alternatives and mark the chosen answer on the mark-reading sheet provided, using an HB pencil. Candidates are instructed to read the mark-reading sheet instructions carefully and to fill in the unique number 470944 on that sheet before answering. Consider the following two statements about 'Supremacy of the Constitution': (a) Parliament can declare any law that is inconsistent with the Constitution to be unconstitutional; (b) The Constitution prescribes standards which must be followed in order to make all law consistent with the Constitution. Determine which one of the listed options correctly evaluates statements (a) and (b).
May/Jun 2015, QB.112 marks · multiple choice
Section B of the paper consists of 15 multiple-choice questions, each worth two marks, giving a section total of 30 marks. For each question the candidate must select the one correct or most appropriate statement from four (or, in some cases, two) numbered alternatives and mark the chosen answer on the mark-reading sheet provided, using an HB pencil. Candidates are instructed to read the mark-reading sheet instructions carefully and to fill in the unique number 470944 on that sheet before answering. Jonathan Jones is in grade 8 and struggles with mathematics. One day his teacher loses her temper, gives him a hiding, and calls him 'a stupid monkey'. The next day Jonathan refuses to go back to school, and his parents go to see the headmaster. Identify which fundamental right of Jonathan's has been infringed.
Oct/Nov 2014, Q5(a)5 marks
Several special features have been incorporated into South Africa's 1996 Constitution in order to guarantee that the country's democracy succeeds, and the supremacy of the Constitution is one of these special features. Write a paragraph in which you discuss the supremacy of the 1996 Constitution.
Oct/Nov 2014, Q5(b)2 marks
Describe what is meant by the concept 'fundamental rights'.
Oct/Nov 2014, Q5(c)1 mark
Explain the purpose of the first-generation rights that are entrenched in our Bill of Rights.
Oct/Nov 2014, Q5(d)(i)0.5 marks
Consider this scenario: the government has given permission for nuclear weapons to be tested in a remote part of the country, believing it is safe because no one lives near the area. The Green Party disagrees and organises a protest action. The Van der Merwes and the Mothibes, who are concerned environmentalists, decide to join the protest. Jane is a member of the Green Party's legal team, which is applying for a court order to stop the nuclear testing from going ahead. Based on this scenario, state which fundamental right has been infringed.
Oct/Nov 2014, Q5(d)(ii)0.5 marks
Referring to the same scenario (the government permitting nuclear weapon testing in a remote area, opposed by the Green Party and the environmentalist Van der Merwe and Mothibe families, with Jane acting for the Green Party's legal team seeking a court order to stop the testing), state to which category of fundamental rights the infringed right belongs.
Oct/Nov 2014, Q5(d)(iii)1 mark
Again referring to the nuclear-testing scenario (the government's permission for testing in a remote area, the Green Party's protest joined by the environmentalist Van der Merwe and Mothibe families, and Jane's role on the Green Party's legal team seeking a court order to halt the testing), identify which application of the Bill of Rights is relevant to this scenario, and give a reason for your answer.
Oct/Nov 2014, Q6.15 marks
List the criteria set out in section 36 of the Constitution according to which a right contained in the Bill of Rights may be limited.
Oct/Nov 2014, Q6.25 marks
Give a brief discussion of the legal position on the death penalty in South Africa, referring to relevant sources of law.
Oct/Nov 2014, Q102 marks · multiple choice
Section B (Afdeling B) contains 15 multiple-choice questions worth 30 marks in total (15 x 2). For each question the candidate must select ONE correct statement and mark it in HB pencil on the mark-reading sheet provided, using the unique number 472755. Each question counts two marks. Select the statement that correctly describes the 1996 Constitution of South Africa.
Oct/Nov 2014, Q112 marks · multiple choice
Section B (Afdeling B) contains 15 multiple-choice questions worth 30 marks in total (15 x 2). For each question the candidate must select ONE correct statement and mark it in HB pencil on the mark-reading sheet provided, using the unique number 472755. Each question counts two marks. Identify what is meant by the term 'levels of government'.
Oct/Nov 2014, Q122 marks · multiple choice
Section B (Afdeling B) contains 15 multiple-choice questions worth 30 marks in total (15 x 2). For each question the candidate must select ONE correct statement and mark it in HB pencil on the mark-reading sheet provided, using the unique number 472755. Each question counts two marks. Choose which of the following rights is an example of a second-generation right.
Oct/Nov 2014, Q132 marks · multiple choice
Section B (Afdeling B) contains 15 multiple-choice questions worth 30 marks in total (15 x 2). For each question the candidate must select ONE correct statement and mark it in HB pencil on the mark-reading sheet provided, using the unique number 472755. Each question counts two marks. Determine whether the following statement is true or false: The Constitutional Court decided that the definition of marriage in terms of the common law and the Marriage Act 25 of 1961 was unconstitutional on the grounds of the right to equality and the right to human dignity.
May/Jun 2013, Q5.16 marks
State power in South Africa is separated and divided into three different sections or branches. Name these three sections and briefly explain what the function of each of these sections is.
May/Jun 2013, Q5.24 marks
Lizelle is an ethical vegetarian and an animal-rights activist who regularly takes part in protests against the exploitation of animals. One day, while she is protesting with a group of fellow activists outside the offices of the Department of Agriculture, a state official confronts her and tells her that she has no right to hold up a poster reading 'meat is murder'. The official threatens to have Lizelle arrested. Identify the category of fundamental rights that would protect Lizelle in this situation, discuss this category in detail, and state which specific (one) fundamental right within that category applies to her case.
May/Jun 2013, Q6(a)5 marks
John Brown and Peter Smith have lived together in a permanent same-sex relationship for many years. They always dreamed of one day marrying, but unfortunately the definition of marriage under South African law did not, at the time, include permanent same-sex relationships. They were delighted when, in 2005, the Constitutional Court ruled that such relationships should also fall within the definition of marriage, holding that the definition of marriage in terms of the common law and the Marriage Act 25 of 1961 was unconstitutional. John and Peter were even happier when the Civil Union Act 17 of 2006 came into operation at the end of 2006. Give a detailed explanation of how a right contained in the Bill of Rights may be limited.
May/Jun 2013, Q6(b)(i)2 marks
John Brown and Peter Smith have lived together in a permanent same-sex relationship for many years. They always dreamed of one day marrying, but unfortunately the definition of marriage under South African law did not, at the time, include permanent same-sex relationships. They were delighted when, in 2005, the Constitutional Court ruled that such relationships should also fall within the definition of marriage, holding that the definition of marriage in terms of the common law and the Marriage Act 25 of 1961 was unconstitutional. John and Peter were even happier when the Civil Union Act 17 of 2006 came into operation at the end of 2006. Referring to the scenario of John Brown and Peter Smith, explain why the Constitutional Court decided that the definition of marriage, in terms of the common law and the Marriage Act 25 of 1961, was unconstitutional.
May/Jun 2013, Q6(b)(ii)3 marks
John Brown and Peter Smith have lived together in a permanent same-sex relationship for many years. They always dreamed of one day marrying, but unfortunately the definition of marriage under South African law did not, at the time, include permanent same-sex relationships. They were delighted when, in 2005, the Constitutional Court ruled that such relationships should also fall within the definition of marriage, holding that the definition of marriage in terms of the common law and the Marriage Act 25 of 1961 was unconstitutional. John and Peter were even happier when the Civil Union Act 17 of 2006 came into operation at the end of 2006. Still referring to John Brown and Peter Smith's situation, explain how the Civil Union Act of 2006 changed the legal position regarding same-sex relationships.
May/Jun 2013, QB82 marks · multiple choice
This section contains 15 multiple-choice questions, each worth two marks (15 x 2 = 30). Candidates must select one correct statement per question and mark it on the mark-reading sheet supplied, using an HB pencil, after first reading the instructions on that sheet carefully. The unique number to be filled in on the mark-reading sheet is 482149. Consider the following two statements: (1) the Bill of Rights is the cornerstone of democracy in South Africa and no right in the Bill of Rights may be limited; (2) horizontal application of the Bill of Rights refers to the fact that it applies between the state and private institutions. Determine which option is correct: both statements are correct; both statements are incorrect; statement (a) is correct and (b) is incorrect; or statement (a) is incorrect and (b) is correct.
May/Jun 2013, QB92 marks · multiple choice
This section contains 15 multiple-choice questions, each worth two marks (15 x 2 = 30). Candidates must select one correct statement per question and mark it on the mark-reading sheet supplied, using an HB pencil, after first reading the instructions on that sheet carefully. The unique number to be filled in on the mark-reading sheet is 482149. State whether the following statement is true or false: a legal subject has to meet certain requirements before he or she will be entitled to any fundamental rights.
May/Jun 2013, QB102 marks · multiple choice
This section contains 15 multiple-choice questions, each worth two marks (15 x 2 = 30). Candidates must select one correct statement per question and mark it on the mark-reading sheet supplied, using an HB pencil, after first reading the instructions on that sheet carefully. The unique number to be filled in on the mark-reading sheet is 482149. Certain rights contained in the Bill of Rights are non-derogable. Identify which one of the following rights is protected in its entirety.
May/Jun 2013, QB112 marks · multiple choice
This section contains 15 multiple-choice questions, each worth two marks (15 x 2 = 30). Candidates must select one correct statement per question and mark it on the mark-reading sheet supplied, using an HB pencil, after first reading the instructions on that sheet carefully. The unique number to be filled in on the mark-reading sheet is 482149. Dr Ruan Roberts, a lecturer in constitutional law, makes the following statement: 'The cases of S v Makwanyane and Fraser v Children's Court, Pretoria North and Others clearly illustrate the influence of the Constitution on South African law.' Identify which option best explains his statement.
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.
Oct/Nov 2012, Q6(b)5 marks
The 1996 Constitution has significantly influenced various areas of South African law. Discuss how the 1996 Constitution has influenced criminal law, focusing specifically on the position of the death penalty under South African law, and support your discussion by referring to relevant case law.
Oct/Nov 2012, Q112 marks · multiple choice
This section contains 15 multiple-choice questions, each worth two marks, for a section total of 30 marks. Candidates must select ONE correct statement per question and mark it in HB pencil on the mark-reading sheet provided, using unique number 491273. A number of special features have been built into our Constitution to ensure that our democracy succeeds. Which one of the following features is the odd one out?
Oct/Nov 2012, Q122 marks · multiple choice
This section contains 15 multiple-choice questions, each worth two marks, for a section total of 30 marks. Candidates must select ONE correct statement per question and mark it in HB pencil on the mark-reading sheet provided, using unique number 491273. Christina's school principal forces all learners to attend a religious assembly every morning in the school hall. The school is administrated by the Gauteng Department of Education. Which fundamental right of Christina has been infringed?
Oct/Nov 2012, Q132 marks · multiple choice
This section contains 15 multiple-choice questions, each worth two marks, for a section total of 30 marks. Candidates must select ONE correct statement per question and mark it in HB pencil on the mark-reading sheet provided, using unique number 491273. Certain rights contained in the Bill of Rights are non-derogable. Which of the following rights is protected in its entirety?
May/Jun 2012, Q5(a)(i)5 marks
Johan and Yonela are partners in an interracial relationship. One day a conservative and corrupt policeman named Mr Chabede approaches the couple and tells them that they are "immoral and second class citizens". He informs them that he has the power to arrest them and states that he will do exactly that unless each of them pays him R300. Based on the scenario involving Johan and Yonela and the corrupt policeman Mr Chabede who threatens to arrest them unless each pays him R300, identify and discuss in detail the kind of fundamental rights that would protect Johan and Yonela in this situation.
May/Jun 2012, Q5(a)(ii)1 mark
Johan and Yonela are partners in an interracial relationship. One day a conservative and corrupt policeman named Mr Chabede approaches the couple and tells them that they are "immoral and second class citizens". He informs them that he has the power to arrest them and states that he will do exactly that unless each of them pays him R300. In the same scenario concerning Johan, Yonela and Mr Chabede, state what type of application of the Bill of Rights is applicable in this case.
May/Jun 2012, Q5(a)(iii)4 marks
Johan and Yonela are partners in an interracial relationship. One day a conservative and corrupt policeman named Mr Chabede approaches the couple and tells them that they are "immoral and second class citizens". He informs them that he has the power to arrest them and states that he will do exactly that unless each of them pays him R300. Mr Chabede argues that fundamental rights may be limited and that his conduct amounts to a justifiable limitation of Johan and Yonela's rights. Explain how a court will determine whether such a limitation is justifiable.
May/Jun 2012, Q6(a)5 marks
Discuss what impact constitutionalism had on the position of the death penalty under South African law. In your answer, refer to relevant case law to support your discussion.
May/Jun 2012, Q6(b)5 marks
Melissa and Rudene have been in a same-sex relationship for the past six years. They wish to marry, but are unsure whether gay people are legally permitted to marry. Acting as Melissa and Rudene's lawyer, and bearing in mind the influence of the Constitution, explain to them what their legal position is and what different options are available to them regarding formalising their union.
May/Jun 2012, Q92 marks · multiple choice
Section B contains 15 multiple-choice questions. For each question you must choose the ONE correct statement and mark it with an HB pencil on the mark-reading sheet supplied. Each question is worth TWO marks, giving a section total of 30 marks. Before marking your answers you must fill in the unique number 476637 on the mark-reading sheet, and you should read the instructions on that sheet carefully before completing it. The Constitution has established a number of state institutions to support South Africa's democracy. Identify which of the following is NOT such an institution: (1) South African Revenue Service; (2) Commission for Gender Equality; (3) Electoral Commission; (4) Auditor-General.
May/Jun 2012, Q102 marks · multiple choice
Section B contains 15 multiple-choice questions. For each question you must choose the ONE correct statement and mark it with an HB pencil on the mark-reading sheet supplied. Each question is worth TWO marks, giving a section total of 30 marks. Before marking your answers you must fill in the unique number 476637 on the mark-reading sheet, and you should read the instructions on that sheet carefully before completing it. Identify the chapter of the Constitution in which the Bill of Rights is found: (1) Chapter 1; (2) Chapter 2; (3) Chapter 3; (4) none of the above.
May/Jun 2012, Q112 marks · multiple choice
Section B contains 15 multiple-choice questions. For each question you must choose the ONE correct statement and mark it with an HB pencil on the mark-reading sheet supplied. Each question is worth TWO marks, giving a section total of 30 marks. Before marking your answers you must fill in the unique number 476637 on the mark-reading sheet, and you should read the instructions on that sheet carefully before completing it. Certain rights in the Bill of Rights are non-derogable. Identify which of the following rights is protected in its entirety: (1) right to equality; (2) right to human dignity; (3) right to freedom and security of the person; (4) right to property.
May/Jun 2012, Q122 marks · multiple choice
Section B contains 15 multiple-choice questions. For each question you must choose the ONE correct statement and mark it with an HB pencil on the mark-reading sheet supplied. Each question is worth TWO marks, giving a section total of 30 marks. Before marking your answers you must fill in the unique number 476637 on the mark-reading sheet, and you should read the instructions on that sheet carefully before completing it. Identify the section of the Constitution in which the limitation clause is found: (1) Section 9; (2) Section 13; (3) Section 26; (4) none of the above.
May/Jun 2011, Q4.15 marks
List the special features that have been built into South Africa's Constitution in order to ensure that our democracy succeeds. Provide five such features.
May/Jun 2011, Q4.23 marks
Imagine a friend asks you what 'fundamental rights' are. Explain to her, in your own words, what fundamental rights are.
May/Jun 2011, Q4.32 marks
Consider the following statement: 'Section 36 of the Constitution determines that the fundamental rights which are protected in the Bill of Rights may not be limited.' State whether this statement is correct or incorrect, and give a reason for your answer.
May/Jun 2011, Q152 marks · multiple choice
This section contains 25 multiple-choice questions. For each item you must select the ONE correct or best statement and mark it in HB pencil on the mark-reading sheet provided; each question is worth two marks. (Students writing ILW1501 should use unique number 497921; those writing the ILW1036 supplementary exam should use unique number 475753.) Identify the INCORRECT statement about what a constitution is.
May/Jun 2011, Q162 marks · multiple choice
This section contains 25 multiple-choice questions. For each item you must select the ONE correct or best statement and mark it in HB pencil on the mark-reading sheet provided; each question is worth two marks. (Students writing ILW1501 should use unique number 497921; those writing the ILW1036 supplementary exam should use unique number 475753.) 'Supremacy of the Constitution' means: (a) Parliament can declare any law that is inconsistent with the Constitution to be unconstitutional; (b) the Constitution prescribes standards which must be followed in order to make all law consistent with the Constitution. Determine which one of the following options is correct.
May/Jun 2011, Q172 marks · multiple choice
This section contains 25 multiple-choice questions. For each item you must select the ONE correct or best statement and mark it in HB pencil on the mark-reading sheet provided; each question is worth two marks. (Students writing ILW1501 should use unique number 497921; those writing the ILW1036 supplementary exam should use unique number 475753.) Peter Brown, an accountant, is convicted of fraud and sentenced to seven years in prison. Determine which branch of the state's power is applicable in this case.
May/Jun 2011, Q182 marks · multiple choice
This section contains 25 multiple-choice questions. For each item you must select the ONE correct or best statement and mark it in HB pencil on the mark-reading sheet provided; each question is worth two marks. (Students writing ILW1501 should use unique number 497921; those writing the ILW1036 supplementary exam should use unique number 475753.) Temba and Thandi argue while waiting for a taxi at a taxi rank. Temba shouts at Thandi, 'Thandi, you are a prostitute!' Thandi is very upset about the incident because some of her co-workers also heard what Temba shouted. Determine which fundamental right of Thandi has been infringed.
May/Jun 2011, Q192 marks · multiple choice
This section contains 25 multiple-choice questions. For each item you must select the ONE correct or best statement and mark it in HB pencil on the mark-reading sheet provided; each question is worth two marks. (Students writing ILW1501 should use unique number 497921; those writing the ILW1036 supplementary exam should use unique number 475753.) In terms of the Constitution of 1996, determine which of the following statements is correct.
May/Jun 2011, Q202 marks · multiple choice
This section contains 25 multiple-choice questions. For each item you must select the ONE correct or best statement and mark it in HB pencil on the mark-reading sheet provided; each question is worth two marks. (Students writing ILW1501 should use unique number 497921; those writing the ILW1036 supplementary exam should use unique number 475753.) Dr Ruan Roberts, a lecturer in constitutional law, makes the following statement: 'The cases of S v Makwanyane and Fraser v Children's Court, Pretoria North and Others clearly illustrate the influence of the Constitution on South African law.' Determine which option best explains his statement.
The full Spot Map and the marks by year.