CPD examination question paper 2020 PDF

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UNIVERSITY EXAMINATIONS

October/November 2020

CPD1501 Citizenship, Public Participation and Democracy 100 Marks Duration 4 Hours

This paper consists of 9 pages.

PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE EXAMINATION QUESTIONS.

1.

The examination question paper counts 100 marks.

2.

It consists of four (4) of questions. Answer ALL the questions. Question 1 consists of 10 multiple-choice questions and carries a total of 20 marks (2 mark for each question). Please note that your answers to the multiple-choice part of the examination question paper must be included on the written answer file that you will be submitting to the University for marking. In other words, NO MARK READING SHEET will be provided; you must write your MCQ answers down.

3.

The duration of the examination is four (4) hours. Your portfolio must be submitted via myUnisa on 22 October 2020 on or before 17h45 (Central African Time).

4.

This a closed book examination. While the examination is in progress, you are not allowed to consult another person or any source in order to assist you to answer any of the questions contained in this question paper. While the examination is in progress, you may not assist another student in answering any of the questions contained in this question paper.

5.

Your answer to this portfolio examination must be submitted online on myUnisa.

5.1

Access to myUnisa Access myUnisa at https://my.unisa.ac.za/portal.

5.2

Where do I download the examination question paper?

On the landing page for myUnisa (https://my.unisa.ac.za/portal), before login, find the link to Login and download my Exam Question Paper for Oct/Nov 2020. Click on this link to open the tool. Login with your student number and myUnisa password. Find your module code on the next page and download your examination paper. 5.3

How do I upload my answer file?

5.3.1

On the landing page for myUnisa, before login, go back to the link where you downloaded your examination paper: Login and download my Exam Question Paper for Oct/Nov 2020.

5.3.2

Login using your student number and myUnisa password

5.3.3

On the next screen, find the module code for which you want to submit an answer file. Click on the link to “submit answer file”. This link will only display if the examination session is still open for file submissions.

5.3.4

A new screen will open that will guide you through the steps to upload your answer file.

Step 1: Load answer file from your PC to myUnisa and complete the Honesty Declaration • Click on the Browse button next to File Name • In the Choose File dialog box, select the file you want to upload, and then click OK. Be careful. Select the correct document. • Select the correct programme format from the File Format drop-down list. Most modules only allow PDF formatted files to be uploaded. • Read the Honesty Declaration statement. • If you agree with the Honesty Declaration statement, type I AGREE in the text box. You cannot continue with the upload process if you do not complete the requirements of the declaration. • Click on the Continue button. Step 2: Verify the file details for final submission of your answer file Use this step to verify that you are uploading the correct answer file to the correct course and assessment number. • Click on the Continue button to submit your answer file. If you do not click Continue, no submission action will take place. • Large files will take longer to upload than smaller files. Please be patient after you’ve clicked Continue. • If the wrong details, e.g. file name, appear on the screen, click Back to restart the file upload process. Step 3: Assessment submission report This is your proof that your answer file was submitted. It is advisable to print this page or make a screen capture for record purposes. A copy of this page will also be emailed to your myLife email account. 5.4

Preparing your answer file

5.1.

Your answer file must contain ALL the pages you want to submit. Do not submit your scanned pages one-by-one. Each time you upload a file it REPLACES the previous submission. Only the last file received by Unisa will be marked.

5.2.

Do not password-protect your file. A 0 mark will be assigned. 2

5.3.

The first page should clearly state your name, student number and the module code. Some modules provide a custom title page. See the examination question paper for details.

5.4.

Number all the pages in your answer file.

5.5.

Write with a black pen, not a pencil, if hand-writing the submission.

5.6.

Use proper PDF conversion software to create the final file for upload. Free PDF conversion software is available on the Internet.

5.7.

Add your student number and the module code in the file name. That will assist you to select the correct document to upload during submission.

6.

The cover page to your portfolio must include your name, student number and the module code.

7.

It is preferred that your portfolio is typed, however, handwritten submissions will also be accepted. If the portfolio is typed, the maximum length is 10 pages (which includes the cover page and the bibliography). If the portfolio is handwritten, the maximum length is 15 pages (which includes the cover page and the bibliography).

8.

Whether your answers are typed or handwritten, your submission on myUnisa must be made in the form of one PDF document.

9.

If your answers are typed, ensure that the following requirements are adhered to. Items 9.3-9.6 applies to written assignments as well.

9.1

The text must be typed in Arial font, size 12 with single line spacing within the paragraph, and double line spacing after the paragraph.

9.2

The text must be justified.

9.3

All of the pages must be numbered in the bottom right hand corner of the page.

9.4

All margins must be 2.5cm, but the left margin must be 3cm.

9.5

South African English and not American English should be used. For example, the correct spelling is “Labour” and not “Labor”.

9.6

Do not use abbreviations or SMS language.

9.7

All quotes that are two lines long (or less), must form part of the main text, be written in italics, and be bracketed by quotation marks. Where a quotation is longer than two lines, it must be typed in a separate paragraph in italics in size 11 font and must be indented by 1 cm. No quotation marks are required when the quotations stand alone. Use quotations very sparingly. In this portfolio, a maximum of 5% of the text may be quoted.

10.

The arguments that you make must be logical, well-structured and substantiated by all the relevant legal principles. You are given 4 hours (not 2 hours) to complete the portfolio. Use the time given wisely.

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10.1

Ensure that you give reasons for each answer. Substantiate your answers by referring to ALL the relevant authorities, e.g. sections from relevant legislation and/or court cases in the text or in your footnotes.

10.2

You are required to have read and summarised the prescribed cases yourself. The summaries in the Study Guide are not sufficient for this exam. When using case law to support your answer, please include complete references to the relevant cases in your footnotes. This means that you must not only include the name of the case but also the exact page and section and/or paragraph where the information can be found. The same applies to articles and books used.

10.3

A number of students lose marks because they do not approach problem-type questions correctly. When answering such questions, it is important to first clarify for yourself the area of work where the answer must be sought. Once you have done this, set out the relevant legal principles. Deal only with those principles that relate to the given facts. Next, apply these principles to the facts. This is where most of the students lose marks - they set out the law in some detail, but then do not illustrate how it applies to the factual situation they have been asked to solve. Finally, state your conclusion.

PLEASE NOTE: If you experience technical problems, of any kind, on the day of the examination and your examination answers are not submitted by the cut-off time, you will be marked as absent. You have to apply online to be deferred to the next exam opportunity. No other type of submission of your examination answers will be accepted.

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QUESTION1 1.

The question whether South African citizens in other countries are entitled to vote was dealt with in the case of.... (2) 1) 2) 3) 4)

2.

South Africa has the following form of government: 1) 2) 3) 4)

3.

August and Another v Electoral Commission and Others (CCT8/99) [1999] ZACC 3; 1999 (3) SA 1; 1999 (4) BCLR 363 (1 April 1999). Richter v Minister for Home Affairs and Others 2009 (5) BCLR 448 (CC). Khosa and others v Minister of Social Development and others (2004 (6) BCLR 569 (CC) (4 March 2004). Larbi-Ordam and Others v The Member of the Executive Council for Education (North West Province) and Another 1998 (1) SA 745 (CC). (2)

the head of state and the head of government are two different persons. the head of government is elected directly by the people. parliamentary supremacy. both features of the Presidential and the Parliamentary system of government.

In terms of the case of Minister of Home Affairs v Watchenuka and Others (010/2003) [2003] ZASCA 142; [2004] 1 All SA 21 (SCA) (28 November 48, 2003), the Supreme Court of Appeal reiterated non citizens’ right to human dignity. (2) 1) 2) 3) 4)

True, because the court reiterated the right to human dignity of noncitizens in terms of section 10 of the Constitution. False, because the court held that human dignity has nationality and non- citizens are not entitled to it. True, because the court reiterated the right to human dignity of noncitizens in terms of section 16 of the Constitution. False, because the court held that the right to human dignity of noncitizens is not subject to the limitation of rights in terms of section 36.

4.

One of the requirements for a foreigner to be issued with a permanent residence permit is that he or she must have been …. (2)

1) 2) 3)

a child of a South African citizen. a child, above the age of 21, of a citizen or permanent resident. the spouse of a citizen or permanent resident for one year and the DirectorGeneral must be satisfied that a good faith spousal relationship exists. the holder of a work permit, including one issued under a corporate permit for two years and have received an offer of permanent employment.

4)

5

5.

In terms of the Refugees Act, one of the grounds on which an asylum seeker permit may be withdrawn is if the …. (2) (1) (2) (3) (4)

6.

Separation of powers requires …. 1) 2) 3) 4)

7.

2) 3) 4)

(2)

that there are three types of democracy, namely representative democracy, participatory democracy and popular democracy. that government does not consider the will of the people. that the right to vote via the process of elections is the most fundamental aspect of representative democracy. that the government is not accountable to the electorate.

One of the methods of losing South African citizenship in terms of the Citizenship Act 88 of 1995 is … (2) 1) 2) 3) 4)

9.

(2)

division of state authority between the legislative, executive and judicial authorities (branches). interaction between national, provincial and local spheres of government. authoritarian rule and protection of human rights. that the legislative, executive and local governments have their own powers and functions.

The concept of democracy recognises …. 1)

8.

applicant gets married to a South African citizen. application for asylum has been found to be fraudulent. applicant divorces a South African citizen. applicant impregnates a South African citizen.

when an automatic statutory operation takes place. when the person is critical of the government. when the person is not a student at one of the universities in South Africa. when the person resigns from his or her employment.

Constitutionalism entails ... 1) 2) 3) 4)

(2)

the same thing as the mere fact of having a Constitution. having a written and supreme Constitution. essentially having either procedural or substantive limitations on the power of government. that the government is not limited in terms of the provisions of the Constitution.

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10.

When applying for a certificate of naturalisation, the Citizenship Act 88 of 1995 requires that a minor be assisted by… (2) 1) 2) 3) 4)

a responsible parent or guardian. a friend. a court. his or her school. [20]

QUESTION 2 2.1

Explain the instances justifying the cessation of refugee status

(5)

2.2

Themba is a Zambian citizen. Does he have the right to vote in South Africa? Give reasons for your answer. (5)

2.3

Neo is 18 years old. He was born in Senegal and now resides in South Africa. He lost his South African citizenship in 2019 when he was 17 years old because his mother, Esther, ceased to be a South African citizen in 2019 when she voluntarily obtained citizenship of Senegal without requesting the retention of her South African citizenship. Neo comes to you for advice. He wants to know if it is possible for him to resume his South African citizenship. Advise him accordingly. (5)

2.4

One of the ways in which citizenship can be lost in South Africa is through automatic statutory operation. Discuss the different ways of losing citizenship as a result of statutory operation. (10) [25]

QUESTION 3 3.1

Explain what the period of residence or ordinary residence includes when determining whether a foreigner should be issued with a certificate of naturalisation. (5)

3.2

List five of the rights that one receives upon becoming a South African citizen. (5)

3.3

Mr and Mrs Malapo are unemployed Zimbabwean citizens who have acquired permanent residence status in South Africa. They fled Zimbabwe in the 1980s as a result of the outbreak of civil war and sought refuge in South Africa. They integrated into the local community in Mpumalanga province. In January 2017, through the assistance of the social workers, they applied for an old-age grant. In February 2017, their applications for old-age grants were refused because they are not South African citizens. With reference to case law, discuss whether the refusal of their old-age grants is constitutional. (10) 7

3.4

Discuss the instances justifying the issuing of a permanent residence permit to a foreigner. (5)

3.5

In terms of section 36 of the Constitution, all rights, including citizens’ rights, can be limited by law of general application if such limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom. Mention five factors that should be considered when applying section 36 of the Constitution. (5) [30]

QUESTION 4 The following statement (edited) appeared from the article published in the News24 entitled “when the courts have to babysit government”, dated 2017-05-08. The relationship between the executive and the judicial branches of government is becoming tense. In a number of occasions, the judiciary has had to intervene in the exercise of executive powers. Recent examples include the court having to intervene in the government’s decision to procure a nuclear deal. In another example, the court asked the former President to explain his decision to reshuffle his cabinet, which saw the minister of finance and his deputy being removed from their respective positions. In all these cases, the court raised the question about the soundness of the executive’s decisions taken. There is nothing fundamentally wrong with the tension between the executive and the judicial branches of government. More often, the executive stretches its prerogative to implement public policy and finds itself unduly encroaching on individuals’ liberties, denying people the right to determine some of the conditions under which they would like to live. In such situations, people would approach the courts and ask for a review of the conduct of the executive. Such squabbles are the life and breathe of democracy, and they usually involve attempts by government to contribute to the welfare of the people. People then go to courts and ask for a review of government decisions or policies.

8

In light of the contextual background above, answer the following questions:

4.1

Briefly discuss the principle of separation of powers with regard to the division of state authority between the branches of government. In your answer, you should discuss the distribution of state authority among the three branches of government, namely the legislature, the executive and the judicial authority. (10)

4.2

The South African Constitution provides for a number of checks and balances. The most important of these is the power of judicial review, which empowers the judiciary to act as a watchdog over the legislature and executive, and ensures that all laws and conduct of the legislature and executive are valid and consistent with the Constitution. Some people may argue that it is undemocratic that the judiciary (which is not an elected body) has the power to declare legislation enacted by Parliament (which is an elected body) invalid. Discuss whether you believe that judicial review is undemocratic or not. (5)

4.3

Discuss the different forms of democracy and the various features that are common in most democratic constitutional states. (10) [25] TOTAL: {100}

© UNISA 2020

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