CSL2601 - Constitutional Law - Law Assignment Help

Assignment Task

Question1
Read the following set of facts and then answer the questions that follow:

Considering the magnitude of the COVID-19 outbreak, which was declared a global pandemic by the World Health Organisation (WHO) and acting in terms of section 27(1) of the Disaster Management Act (DMA) 57 of 2002, which empowers the Minister to declare a national state of disaster, the Minister of Cooperative Governance and Traditional Affairs declared a national state of disaster in South Africa. Pursuant to the declaration of the state of disaster, the President of the Republic announced a complete lockdown with effect from midnight on 26 March 2020.
Drastic measures were announced to contain the spread of coronavirus and save lives, including limitation of movement, and the shutting down of all businesses, shopping malls and retail shops, except where essential goods were sold. Although the regulations affected the rights of individuals, the community was not consulted before the regulations were imposed on them.
On 1 May 2020, the country moved from level 5 to level 4 and some lockdown conditions were relaxed.Among others, shops were allowed to sell winter clothes, which included closed-toe shoes, but the sale of open-toe shoes were banned. The decisions relating to the levels of lockdown were taken by the COVID-19 National Command Centre (NCC), which was established by the President despite the fact that section 8 of the Disaster Management Act establishes the National Disaster Management Centre to promote and coordinate disaster management in the country.

1.1 Fully discuss how the lawfulness of the coronavirus regulations could be challenged on the ground of the rule of law. Your answer must also fully explain the ubiquitous counter majoritarian dilemma and its effect on South Africa’s democracy.

1.2 Discuss the duty on Parliament to involve the public in its legislative-making process.

Question 2
2.1 Discuss the principle of judicial independence with regard to the personal independence of an individual judge.
2.2 Briefly explain the basic structure according to which power is divided between the national, provincial and local spheres of government in South Africa.

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