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Question 1 At paragraph 218 of the judgment in Economic Freedom Fighters & Others v Speaker of the National Assembly & Others 2018 (3) BCLR 259 (CC); 2018 (2) SA 571 (CC), Jafta J states: The divergence of views in this matter flows solely from different interpretations assigned to section 89 of the Constitution. This is not novel. It happens frequently in courts presided over by panels of Judges. But what is unprecedented is the suggestion that the construction of the section embraced by the majority here constitutes “a textbook case of judicial overreach.” 2.1 What concept or doctrine is being referred to in the context of “judicial overreach”? Discuss fully, with reference to appropriate case law to justify your answer. Provide your own opinion on whether the judgment in this case does constitute judicial overreach. (18) 2.2 Critically discuss section 89 of the Constitution with reference to case law. The discussion must include a comprehensive analysis of the rationale for section 89, the consequences of this section, as well as a discussion of how section 89 differs from section 102 of the Constitution.On 24 May 2024 President Cyril Ramaphosa signed into law the National Prosecuting Authority Amendment Bill, aimed at establishing a corruption-busting unit called the Investigating Directorate against Corruption (Idac). This is hailed as part of the implementation plan on the Zondo Commission’s1 recommendations, where Zondo had unveiled the extent to which certain criminals have influenced decision-making at the highest levels of the state. Taking this development a step further, a Bill is intended to be introduced soon amending the Constitution to establish a new Chapter Nine Institution called the Anti-Corruption Commission.2 Corruption is rampant in the public sector.3 Government institution, with their access to vast amounts of money, create a fertile environment for corrupt activities. Government officials and their associates abuse their power and connections to commit various forms of economic crime. This includes malfeasance during the tender process, public procurement, and other methods of financial misappropriation. Various government institutions and state-owned enterprises have been financially crippled by corruption. Against this backdrop you are required to answer the following questions: Question 1 Provide additional substantive content (in the form of a few well-constructed paragraphs, with judicious use of headings and sub-headings) to the article by Mutondi Mulaudzi and Babatunde Fagbayibo ‘Lyrics as Law: Teaching the South African Constitution’5 by focusing your discussion exclusively on Chapters 1, 4, 5 and 8 of the South African Constitution,6 illustrating the mechanisms that the Constitution provides to ensure the legitimacy of government and validity of the exercise of executive, legislative and judicial power. Support your answer with relevant authority, appropriate music, and write in an academically sound and acceptable manner. (10) 1.1 In your opinion, is an Anti-Corruption Commission necessary or would it amount to a needless duplication of other institutions with an overlapping mandate? Substantiate your answer fully with reference to appropriate provisions of the Constitution4 as well as other relevant legislation. (6) 1.2 Notwithstanding your answer to question 1.1 above, if the Anti-Corruption Commission were established, what legal impact or effect would any recommendations emanating from the Commission have? Justify your answer with reference to appropriate authority. (4)
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