FUR2601/001/3/2021

Tutorial Letter 001/3/2021

Fundamental Rights
FUR2601

2021
Department of Public, Constitutional and
International Law

Important information
Please register on myUnisa, activate your myLife-e-mail address and make sure
that you regularly visit the FUR2601 myUnisa module website.

BARCODE
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CONTENTS
Page

ASSESSMENT CHANGES FOR 2021 ACADEMIC YEAR ...................................................................... 3

1 LECTURER’S CONTACT DETAILS............................................................................................. 3
2 ASSESSMENT ............................................................................................................................. 3
2.1 First compulsory assignment: ....................................................................................................... 4
2.2 Second compulsory assignment: .................................................................................................. 6
3 The examination.......................................................................................................................... 6

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ASSESSMENT CHANGES FOR 2021 ACADEMIC YEAR

Due to the ministerial request to extend the 2021 registration dates, Unisa had to amend both the
semester dates and the assessment arrangements for the 2021 academic year.

During 2021 we will have only one semester and only one tuition and assessment period.
The purpose of this TL001 is to inform you of the new assessment requirements for FUR2601 for
students registered during 2021 for the one semester period.

1 LECTURER’S CONTACT DETAILS

Ms MM Mulaudzi Room
 7-44, Cas van Vuuren Building,  012 429 8362/8509
Muckleneuk campus, Unisarand, Tshwane 0003  mulaumm1@unisa.ac.za
 

Please make an appointment before visiting a lecturer.

Please contact lecturers from your mylife account. We are not allowed to respond to external
accounts.

2 ASSESSMENT
Assessment methods for FUR2601 take the form of assignments and an examination. There are
two compulsory assignments. It is essential that you submit your assignments timeously (i.e.
on or before the closing date). The first assignment takes the form of 5 multiple choice questions
questions which you answer online on myUnisa. The second assignment must be typed and
submitted on myUnisa on or before the deadline.

NOTE: The compulsory assignments will count 20% towards your final mark for the module. Your
final mark for the module will be a combination of your marks for the assignments and your
examination.

Due date for assignments: ASSIGNMENT 1 7 MAY 2021

ASSIGNMENT 2 10 August 2021
NO EXTENSIONS WILL BE GRANTED

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2.1 FIRST COMPULSORY ASSIGNMENT: DUE DATE 7 MAY 2021

1. Your unique number is: 836686.

2. This number must appear on your mark-reading sheet cover.

Marking of the assignment

1. Each answer carries 2 marks.
2. No mark will be awarded for an incorrect answer.
3. No mark will be awarded for an unanswered question.
Select the correct statement.

1. In the substantive stage of Bill of Rights litigation, the onus is first on the respondent, who must
show that he/she infringed the applicant’s rights. (2)
1) False, in the substantive stage, the onus is first on the applicant, who must show that an
infringement of a right has taken place.
2) True, in the substantive stage, the onus is first on the respondent, who must show that
he/she infringed the applicant’s rights.
3) False, in the substantive stage the onus is on the respondent to indicate that the applicant’s
rights can be limited.
4) False, in the substantive stage, the onus is on the applicant, to show that the infringement
is not justifiable in terms of section 36 of the Constitution.

2. Section 8(4) of the Constitution provides that juristic persons are specifically excluded from the
protection of the rights in the Bill of Rights. (2)
1) True, section 8(4) of the Constitution excludes juristic persons from the protection of the
rights in the Bill of Rights because of the nature of these rights and the nature of juristic
persons.
2) False, section 8(4) of the Constitution provides that juristic persons are entitled to the rights
in the Bill of Rights dependant on the nature of the right and the nature of the juristic person.
3) True, section 8(4) of the Constitution provides that only natural persons can lay claim to the
rights in the Bill of Rights.
4) False, section 8(4) of the Constitution provides that all juristic persons are entitled to all the
rights in the Bill of Rights.

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3. Section 39 of the Constitution, the interpretation clause, provides that any court, tribunal or
forum, when interpreting the Bill of Rights may consider international law and must consider
foreign law. (2)
1) False, section 39 of the Constitution provides that any court, tribunal or forum when
interpreting the Bill of Rights, must consider international law and may consider foreign law.
2) True, section 39 of the Constitution provides that any court, tribunal or forum when
interpreting the Bill of Rights, may consider international law and must consider foreign law.
3) False, section 39 of the Constitution provides that any court, tribunal or forum should only
consider national law when interpreting the rights in the Bill of Rights.
4) True, section 39 of the Constitution provides that any court, tribunal or forum, when
interpreting the Bill of Rights may consider international law and must consider foreign law,
however, only as far as it pertains to matters of state security.

4. In Fose v Minister of Safety and Security the Constitutional Court found that the term
“appropriate relief” referred to a declaration of invalidity that would be the only applicable relief in
the event of a constitutional rights violation. (2)

1) True, in Fose v Minister of Safety and Security the Constitutional Court found that the term
“appropriate relief” referred to a declaration of invalidity that would be the only applicable
relief in the event of a constitutional rights violation.
2) False, in Ferreira v Levin the Constitutional Court found that the term “appropriate relief”
referred to a declaration of invalidity that would be the only applicable relief in the event of
a constitutional rights violation.
3) True, in Fose v Minister of Safety and Security the Constitutional Court found that the term
appropriate relief referred to a declaration of invalidity as a discretionary remedy in the event
of a constitutional rights violation.
4) False, in Fose v Minister of Safety and Security the Constitutional Court found that it was
left to the courts to decide what appropriate relief would be in any particular circumstances.

5. In Mazibuko v City of Johannesburg the Constitutional Court found that the right to water did
not require the state to provide every person with sufficient water on demand. (2)
1) True, the Constitutional Court found that that the city's free basic water policy was a
reasonable measure of achieving the progressive realisation of the right to water.
2) False, the Constitutional Court found that every citizen has the right to unlimited clean water.

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3) True, the Constitutional Court found that the right to water can be restricted if municipalities
struggle to source clean water.
4) False, the Constitutional Court found that the right to water could reasonably be restricted
to 2 litres of water per person per day.
[10]

2.2 SECOND COMPULSORY ASSIGNMENT: DUE DATE 10 AUGUST 2021

Your unique number is: 802655.

Question
Ms Ithabeleng Selebalo is interested in running as an independent candidate in the upcoming
national elections. According to the Electoral Act 73 of 1998, adult citizens may be elected to the
National Assembly and Provincial Legislatures only through their membership of political parties.

1. Identify name the right that is potentially infringed by the Electoral Act 73 of 1998. (2)

2. Is the Electoral Commission bound by the Bill of Rights? Give a reason or your answer. (2)

3. The “Network for Electoral Reform”, a Non-Governmental Organisation that promotes and
supports free and fair elections, wishes to join the proceedings. Do they have standing? Give a
reason for your answer. (3)

4. Does the Magistrate’s Court have the jurisdiction to hear this matter as a matter of first
instance? Give a reason for your answer. (3)

[10]

3 The examination
The examination will be an online examination. If you obtain less than 40% in the examination,
your year mark is not added to calculate your final mark.