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Differentiate official customary law from living customary law. Refer to relevant legislation.
Critically discuss the test for unfair discrimination as set out in the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000.
With reference to decided cases, critically discuss the right of access to health care services in terms of s 27(1) and (2) of the Constitution of the Republic of South Africa, 1996.
Explain why the ability to modify a constitution defines it as either 'flexible' or 'inflexible'. Use the South African examples provided in the source material to support your explanation, detailing the specific requirements for the 1996 Constitution.
Discuss the evolution of South African governance from the 'Apartheid Constitution' to the 'Democratic Constitution of 1996'. In your answer, analyse the shift in constitutional types regarding power distribution (Unitary vs. Federal) and authority (Sovereign vs. Subordinate).
Imagine a scenario in which a new piece of legislation passed by a national parliament effectively bans a specific group of people from owning property in certain urban areas. A judge is tasked with hearing a case brought by an affected family. The judge finds that although the law was passed in accordance with all correct legislative procedures, it is fundamentally discriminatory and violates basic moral standards of equality. Under a system with a Sovereign Constitution, the judge notes that the legislature holds the power to change existing laws on its own. However, the current South African legal framework suggests a different approach, where the Constitution itself holds supreme authority and requires all statutes to comply with its core values. Compare and contrast how a 'Legal Positivist' and a 'Natural Law' practitioner would advise the judge in the provided scenario. Ensure you reference the relevant case examples from the source material in your argument.
Distinguish between a flexible and an inflexible constitution using the 1910 and 1996 South African Constitutions as examples.
Explain the core distinction between Legal Positivism and the Natural Law approach regarding the relationship between law and morality.
In Print Media South Africa & another v Minister of Home Affairs and Film and Publication Board (2012), the Constitutional Court declared certain sections of the Films and Publications Act unconstitutional. Discuss the case, focusing on the exemptions under sections 16 and 24a(2)(a) and explain why prior classification was found to violate freedom of expression.
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