LAWS1LW - Introduction to Constitutional and Criminal - Law Assignment Help

Assignment Task

Now answer the following questions:

1.1 Explain whether the Constitution of South Africa has a ‘vibe’, as described by George, or themes or foundational values that underscores all its provisions. If so, set out what these themes or foundational values are.

1.2 George’s farm was subsequently sold and some of the workers who lived on the farm now found themselves destitute and without adequate shelter. One of the workers believes that the Government has failed in its duty to provide access to housing. Section 26 of the Constitution of South Africa provides that: “

(1) Everyone has the right to have access to adequate housing.

(2) The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right.”

Write a carefully structured and well-reasoned essay in which you explain how the Constitutional Court has interpreted the following provision:

“the state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of this right”

Lindiwe is a 40-year-old woman who lived with her husband, Luke, in their marital home for over 15 years. Luke abused Lindiwe over many years, both mentally and physically. Over the past few months Lindiwe had been involved in a discreet extra-marital affair with another man. On the night of the 20June, after drinking four glasses of whisky, Luke came across text messages that Lindiwe had sent to her secret lover on her mobile phone. When Luke decided to confront her about being unfaithful to him, Lindiwe denied everything. This enraged Luke and, in response, he became verbally abusive and assaulted her. Lindiwe managed to take refuge in their bedroom and locked the door behind her. Twenty minutes after locking herself in their bedroom, she decided to go to the kitchen to make some dinner and took a gun with her. However, when Luke saw her, he shouted: ‘I am going to end your life tonight’ and he picked up a kitchen knife and rushed towards her. Whilst he was rushing towards her with the kitchen knife, Lindiwe frantically, and in a moment of crisis and panic, pointed the gun in his direction and pulled the trigger. Luke sustained a fatal gunshot wound to the chest and he died on the scene. Lindiwe was subsequently arrested and charged with murder. Lindiwe approaches you for advice and states that she intends to plead self-defence. Prepare an opinion2 in which you advise Lindiwe on her prospects of successfully raising this defence. In your answer, refer to the relevant legal principles and case law. Structure your opinion using the [IRAC] format.

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