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Previous Examination Questions on Legislative Authority.pdf...

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CONSTITUTIONAL LAWLEGISLATIVE AUTHORITYExamples of previous Examination QuestionsQuestionAssume that you are employed as a legal advisor to the President of RSA. The National Parliament passed the StreetTrading Act 98 of 2006. The Act regulates street trading in the various towns and cities in the country. Variousrepresentations were made to the National Assembly to regulate this area as it is claimed that unregulated street tradingis having an adverse effect on established businesses and is reducing the rates base of many local government councils.Street Tradingis listed as a competence of Part B of Schedule 5 andTradeis listed as a competence under Part BSchedule 4.The Street Trading Act deals with where street traders are to be located in relation to established businesses, the methodof application, amounts to be paid for licencesandthe size and description of the structures to be used by the streettraders. The Speaker of the National Assembly seeks your opinion on a number of Issues.1.Assume that the President has reservations about the constitutionality of some provisions of the Street TradingAct. Advise the President of the most appropriate way of acting in terms of the Constitution.5 marks2.Assume that this law intrudes upon the exclusive legislative domain of the provinces. By reference toEx PartePresident of RSA: In re Constitutionality of the Liquor Bill2000(1) SA 732 (CC) and the relevant sections of theConstitution describe and analyse the approach that the Constitutional Court is likely to take in this matter.15 marksQuestionShameless O’Scum is aMember of Parliament in the South African National Assembly. He became a MP as a result of ageneral election for which he was nominated to appear on the party list of the Negligible Appeal Termination Party (NAT).Some months after the election, he is approached by the leadership of the Acquire Numerical Control Party (ANC) andasked if he would care to switch his allegiance from the NAT and join the ANC. He is not sure of the legal or constitutionalposition, more especially whether or not he is entitled to switch his membership from the NAT by means of whose partylist he was elected and still remain a Member of Parliament.He therefore approaches you for advice. With reference tothe Constitution, legislation and decided cases, advise him of the legality of switching parties whilst still remaining aMember of Parliament.In your answer you should also explain the various arguments for and against such an actionbeing permitted.[20 marks]QuestionThe chairman of one of the portfolio committees of Parliament is faced with the situations set out below. Taking intoaccount the Constitution and relevant Legislation, advise the chairman regarding the legal situation in respect of eachscenario.Explain in particular, what powers the committee possesses and whether a remedy is available to the chairmanof the committee in each case, indicating why the remedy you have selected should be used:-1.

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Term
Fall
Professor
NoProfessor
Tags
Separation of Powers, Parliament, Parliament of the United Kingdom

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