South African Constitutional Law Essay Assignment 2025

Question 1              (Marks: 50)

Read the following extract:

“Deputy President Paul Mashatile [is set] to address dialogue with the National House of Khoi-San Leaders, in his capacity as chairperson of the Inter-Ministerial Task Team tasked to look into issues raised by traditional leaders, with the event set for Friday at the Presidential Guesthouse in Pretoria. The gathering aims to strengthen collaboration between government and traditional leaders in addressing rural challenges and advancing key pillars such as land rights, socio-economic development, and institutional capacity building.”

Central News. “Deputy President Paul Mashatile to Address Dialogue with National House of Traditional and Khoi-San Leaders on Friday” (7 August 2025). Central News.

https:// centraInews.co.za/deputy-president-pau1-mashatiIe-to-address-dIaloguP-w1t h-nat1onaI house of-traditional-and khoi-san-leaders-on-friday/. (Accessed: 02 October 2025)

Considering the extract above, write an essay that is no longer than 5 pages in length and in which you are required to answer the following questions:

• (a) Critically discuss the roles and functions of traditional leadership within the framework of customary law, referring to the relevant provisions of the Constitution as well as applicable legislation.
• Discuss the powers of the Deputy President with specific focus on how the powers of the Deputy President are influenced by relevant provisions in the Constitution as well as the relationship between the President and the Deputy President.
• A controversial debate that has been taking place for several years in relation to traditional leadership involves the challenges presented by the establishment of traditional courts. With regard to the independence of the courts in South Africa, explain what the traditional courts refer to and the difficulties of independence that arise when looking at the establishment of traditional courts.

Question 2         (Marks: 50)

Read the following extract:

“All Constitutions seek to articulate, with differing degrees of intensity and detail, the shared aspirations of a nation; the values which bind its people, and which discipline its government and its national institutions; the basic premises upon which judicial, legislative and executive power is to be wielded; the constitutional limits and the conditions upon which that power is to be exercised; the national ethos which defines and regulates that exercise; and the moral and ethical direction which that nation has identified for its future. In some countries, the Constitution only formalizes, in a legal instrument, a historical consensus of values and aspirations evolved incrementally from a stable and unbroken past to accommodate the needs of the future. The South African Constitution is different; it retains from the past only what is defensible and represents a decisive break from, and a ringing rejection of, that part of the past which is disgracefully racist, authoritarian, insular, and repressive and a vigorous identification of and commitment to a democratic, universalistic, caring and aspirationally egalitarian ethos, expressly articulated in the Constitution. The contrast between the past which it repudiates and the future to which it seeks to commit the nation is stark and dramatic.”

Mahomed Jin 5 v Makwanyane and Another 1995 (3) SA 391 (CC) para 262.

Considering the extract above, write an essay that is no longer than 5 pages in length and in which you are required to answer the following questions:

• In relation to the various principles and concepts that inform the transformative nature of the Constitution, describe the criticisms that have been levelled against transformative constitutionalism, with reference to relevant academic authority. As part of your answer, you are also required to provide your own well-reasoned view on whether transformative constitutionalism is taking place and evolving to address challenges in South African society today.
  • In section 1 of the Constitution, two important values govern South Africa as “one sovereign, democratic state”: the rule of law and the doctrine of the separation of powers. Discuss what the rule of law and the doctrine of the separation of powers entail with reference to applicable case law.

Question 3    (Marks: SO)

Read the following extract:

“The eThekwini Municipality Executive Committee (EXCO) has affirmed its commitment to address concerns raised by Public Protector, Advocate Kholeka Gcaleka, following a special meeting held at lnkosi Albert Luthuli International Convention Centre in Durban, on Monday. The engagement formed part of the Public Protector’s ongoing strategic stakeholder outreach, which seeks to forge a robust collaborative framework to resolve outstanding matters and reinforce the existing memorandum of understanding between the municipality and the Public Protector’s Office. This as Gcaleka presented a detailed assessment revealing that 29 formal complaints were lodged against the municipality. The complaints highlighted concerns, including allegations of maladministration, undue delays, abuse of power, improper prejudice, and critical service delivery failures.”

SAnews.gov.za (1 April 2025) “eThekwini Municipality commits to address Public Protector concerns” South African Government News Agency. https://www.sanews gov.z<1/’,ouu

africa/ethekwini-municipality-commits-address-public-protector-concerns. (Accessed: 02 October 2025)

Considering the extract above, write an essay that is no longer than 5 pages in length and in which you are required to answer the following questions:

• Discuss the role and functions of the Public Protector with reference to relevant case law.
• The Public Protector of South Africa, as a Chapter 9 Institution, is regarded as an independent institution. Discuss what is meant by the term “independent” with regard to the Chapter 9 Institutions, with reference to the cases of Independent Electoral Commission v Langeberg Municipality 2001 (3) SA 925 (CC) and New National Party v Government of the Republic of South Africa and Others 1999 (3) SA 191 (CC).
• In terms of the Local Government: Municipal Structures Act 117 of 1998, reference is made to three executive systems of municipal government. Explain what these three executive systems of municipal government are.

Question 4   (Marks: 50)

Fifty residents of an informal settlement called Kwa-Nobantu have been living on vacant municipal land in the Municipality of Bushbuckville for approximately 10 years. They have constructed rudimentary shelters using salvaged materials, including wood, corrugated iron sheets, and plastic. Most residents are unemployed or work as day labourers in the surrounding areas.

On 26 September 2025, at approximately 5:00 AM, officials from three government agencies – the Bushbuckville Metropolitan Municipality (Environmental Management Division), the Department of Home Affairs (Immigration Control Unit) and the South African Police Service (SAPS) – conducted a joint operation at the settlement. The officials, accompanied by members of the local community policing forum, evicted the residents, destroyed their shelters, and burned many of their personal possessions. No court order authorising the eviction was obtained before the operation. Ten undocumented immigrants were also arrested during the operation and subsequently deported.

A non-profit organisation called “Housing Today” has approached you for legal advice on behalf of the evicted residents. The organisation’s director, Bryan Mahlangu, explains that when he arrived at the site shortly after the eviction, he found the dwellings had been completely destroyed, with the materials still smouldering from fires. When he confronted the officials about their actions, they refused to show any court authorisation and threatened to have him arrested for obstruction of justice. Bryan tells you that the residents were never informed of the eviction by the Municipality, nor did the Municipality make any effort to meaningfully engage with the residents before proceeding with the eviction.

When questioned about the operation afterwards, the Municipality claimed its officials were only there to “remove environmental hazards” and they believed that the police were acting lawfully. This is the reason given by the Municipality for not engaging with the residents before the eviction took place. In addition, the Municipality also has a one-page plan in their files regarding alternative housing for residents like those from Kwa-Nobantu, citing that more work cannot be done on this plan because their resources are severely restricted. The Department of Home Affairs stated it was only involved to identify undocumented immigrants. The SAPS commander described the operation as a “crime prevention initiative” and denied destroying any dwellings, claiming that the residents left “voluntarily” and abandoned their materials.

The residents have attempted to return to the site and rebuild their shelters, but municipal officials have warned them that any new structures will be immediately demolished. The Municipality argues that even if the eviction was unlawful, it cannot be ordered to restore possession of the shelters since they have been destroyed.

Considering the factual scenario above, write an essay that is no longer than 5 pages in length and in which you are required to answer the following questions:

• Bryan wants to know from you why the Municipality, in this instance, could not have engaged with the residents and other members of the community in Kwa-Nobantu about alternative housing for them. Differentiate for Bryan between progressively realisable socio-economic rights and immediately realisable socio-economic rights, with particular focus on the type of socio-economic right that characterises the right to have access to adequate housing in section 26 of the Constitution, 1996.
• With regard to the application of the Bill of Rights and legal standing, explain what category (or categories) would apply to Bryan as a representative of the Kwa-Nobantu community in terms of section 38 of the Constitution, 1996.
• Assume for this question only that Bryan and the community of Kwa-Nobantu have their matter heard in the Constitutional Court. The court notes with concern that there was no attempt by the Municipality to meaningfully engage with members of the Kwa-Nobantu community concerning their eviction. The court is considering “meaningful engagement” as a possible remedy. Discuss the position of the Constitutional Court with reference to “meaningful engagement” as a constitutional remedy, with reference to relevant case law.
• Assume for this question only that, because the Constitutional Court notes how the Municipality had no concrete plans for alternative housing of community members from Kwa-Nobantu, it imposes a Structural Interdict on the Municipality regarding the development of more comprehensive plans. Briefly discuss what a structural interdict is and what it entails for the Municipality.

Question 5 (Marks: 50)

Myrtle and Ivan Horowitz are devout orthodox Jews. They have a son, Lewin, who is 11 years old. They believe in disciplining Lewin with a cane for what they consider to be serious transgressions such as stealing from shops and absconding from school. Their belief in disciplining Lewin in this manner is prescribed in different religious verses that they follow.

Parliament has since passed a new piece of legislation known as the Abolition of Corporal Punishment In The Home Act 45 of 2025 (or”ACPITHA”). Section 2 of the Act states as follows:

“Prohibition of Corporal Punishment in the Home: –

• Corporal punishment in all of its forms is prohibited insofar as it concerns a child as defined in section 1 of the Act;Any person who contravenes subsection (1) in respect of a child is guilty of an offence and, upon conviction, such a person shall be liable to imprisonment of not more than 15 years.Religion, conscience or belief in any form does not justify corporal punishment in any form and for whatever reason and sub-section (2) will still apply should any person attempt to inflict corporal punishment on a child for these reasons.”

Lewin has just been apprehended but pardoned by the local grocer for stealing a cold drink that was on display in the grocery store. Myrtle and Ivan wish to give Lewin a hiding with the cane as punishment for theft, but they have questions for you as their attorney about whether they can still discipline Lewin in this manner, given that ACPITHA seems to have removed their right to administer disciplinary chastisement in respect of Lewin entirely, even though religious observance demands otherwise.

Considering the set of facts above, write an essay that is no longer than 5 pages in length and in which you are required to answer the following questions:

• You question whether Myrtle and Ivan have been discriminated against unfairly. Explain the test for unfair discrimination in terms of Section 9(3) of the Constitution, 1996, with reference to relevant case law.

• Compare “specific grounds” with “analogous grounds” in the test for unfair discrimination in terms of Section 9(3) of the Constitution, 1996. In your answer, you are required to provide any two “specific grounds” which could be considered as part of the test in Myrtle and Ivan’s case.
• Myrtle and Ivan seek your advice in that, in the event that they cannot rely on their right to equality in terms of section 9 in the Constitution, 1996, they want to rely on provisions set out in the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (or PEPUDA). Explain the difference between the discrimination provisions of the PEPUDA and the discrimination provisions in Section 9 of the Constitution, 1996.
• You have concerns about how Myrtle and Ivan discipline Lewin in this respect and you are concerned about what this disciplinary chastisement does not only to Lewin’s physical and mental well-being, but also to his human dignity as well. Discuss the invocation by the court in Freedom of Religion South Africa v Minister of Justice and Constitutional Development and Others 2020 (1) SA (1) (CC) of the right to human dignity, with specific focus on disciplinary chastisement and its impact on the human dignity of children.

Law Assignment Answers: Expert Answer on Above Constitutional Law Task

Traditional leadership and the deputy president

The traditional leaders are known for handling issues related to customary law, resolving disputes and promoting development within their communities. They are required to operate within customary law as required under section 211-212 of the constitution. The power of deputy president is specified in section 91-93 of the constitution. It specified the powers available to the president so as to allow him to perform his duties effectively. Traditional courts are known for applying customary law and they find it challenging to remain independent because they are a part of the executive structure, risking political influence and potential bias.

Transformative constitutionalism and foundational principles

Social Justice is being pursued through the application of legal and institutional reform by transformative constitutionalism. It is considered as idealistic by critics regarding it as a slow transformation. All the individuals and organs are required to act within legal authority according to the rule of law. The separation of powers takes into consideration the balances among the legislative, executive and judicial branches. Both these principles are known for upholding constitutional supremacy and accountability.

Public protector and local government

The public protector is known for examining maladministration, abuse of power and improper conduct according to Section 182 of the constitution. There is complete independence provided to chapter 9 institutions and they should act without fear, favour or prejudice. The court has also examined the need for their independence from executive interference. There are three executive systems as recognised by the Municipal Structures Act 117 of 1998 and these are mayoral executive system, collective executive system and plenary executive system. 

Disclaimer: This answer is a model for study and reference purposes only. Please do not submit it as your own work.

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