CPD1501

Date: 18 May 2022

INSTRUCTIONS ON THE DAY OF ASSESSMENT:

Ensure you are connected to the internet in order to log into the YOUR EXAM QR CODE & EXAM
Invigilator App and scan this QR code. ACCESS CODE

If you encounter difficulty in scanning the QR code, you can

alternatively enter the Exam Access Code below the QR code to start
the invigilation.

Unless otherwise specified by your institution, note that you can only
scan this QR code once. If your assessment has multiple online sections,
tests or attempts, you should NOT finish the invigilation until your entire
assessment has been completed.

Only scan the QR code when the assessment formally commences.

Exam Access Code: 4cbe4290
The QR code is only scannable for a limited time and it should
therefore be scanned as soon as possible to start the
invigilation.

Once the QR code is scanned, ensure your media volume Is turned up and place your smartphone next to you. The
Invigilator App will notify you with a notification beep when you are required to action a request, which you should then
perform.

We recommend that you keep your smartphone on charge for the duration of the assessment.

If you only have one device you may access your assessment in the application by pressing the ‘Access Exam’ button
in the top right corner of your app.

Keep the Invigilator App open on your cell phone for the full duration of the assessment. You are not
allowed to minimise or leave the app.

Ensure you are connected to the internet in order to commence the invigilation as well as at the end of the
assessment. No internet connection is required during the assessment.

You have to adhere to the assessment time limit communicated to you by your institution as the time
displayed in the Invigilator App could differ from the time allocated to complete your assessment.

You can click the "Finish Assessment" button in the app if you finish your assessment early.

If you are performing a written or Scan-and-Upload assessment:

The Invigilator App may request you to take a picture of every page of your answer sheet at the end of the
assessment. Unless otherwise specified by your institution, this does NOT replace the normal upload of
your script to your institutions online portal

After completing invigilation and following all app instructions, you must upload your Invigilation App data. If however
there is a delay in the upload of the app data at the end of the assessment, you should prioritise the upload of your
script to your university portal and you can temporarily minimise the app to do so. Uploading of app data is not time
sensitive and you can come back and do it after you have successfully uploaded your script to the exam portal.

Should you encounter any technical difficulty, please WhatsApp The Invigilator Helpdesk on 073 505 8273.
 CPD1501
May/June 2022

UNIVERSITY EXAMINATIONS

May/June 2022

CPD1501

Citizenship, Public Participation & Democracy

100 Marks
Duration 4 Hours
Examiners:
First: Adv RB Mokomane
Second: Prof I Shai

This paper consists of 8 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 questions. Answer ALL the questions.

3. The duration of the examination is 4 hours. Your answers must be submitted via
myUnisa on 18 May 2022 on or before 12:00 (Central African Time).

4. This is an open-book examination. You may consult your prescribed study material
during the examination.

5. Your answer to this portfolio or take-home examination must be submitted online on

the myExams platform.

5.1 Access myExams at https://myexams.ac.za/portal and login using your student

number and myUnisa password.

5.2 Go to your specific examination site through the site tabs on the horizontal
navigation bar. Also check your Sites link in the top right-hand corner if you do not
find the site on the horizontal navigation bar.

5.3 Once the site has loaded, select the eAssessment tool from the left-navigation
menu

5.4 The list of all available assessments in the site will be displayed.
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May/June 2022

5.5 Select the assessment for which you want to upload the examination answer file by
clicking on the title of the assessment in the list. A new page will open.

5.6 Submit your examination answer file.

Depending on the assessment criteria, you may be allowed to attach a file or

perhaps multiple files.

Under Attachments, click the Choose File button to browse for a file on your
device.

Once you have attached your answer file, the name of the file, as well as the file
size and upload time stamp will be displayed under Attachments.

Tip: You may click Remove to remove the attachment if you selected the wrong
file.

Tip: Select the honour pledge. Students MUST check the honour pledge before
submission if it appears on the screen. A student will not be able to submit the
assessment if he/she did not check the honour pledge.

When you are ready and satisfied that you have correct answer file, click the
Submit button to complete your assessment submission.
 CPD1501
May/June 2022

Tip: If you are not yet ready to submit, you may click Preview to preview the
submission, or Save Draft to save your submission and submit it later. Click
Cancel to exit the assessment without saving or submitting.

5.7 Submission confirmation

Once you have submitted your assessment, you will receive a confirmation message
on the screen. Make a screen copy for your records. In addition, if you have opted
to receive email notifications, you will also receive an email confirmation of your
submission.

6. The cover page to your take-home exam must include your name, student number
and the module code.

7. It is preferred that your take-home exam is typed, however, handwritten submissions

will also be accepted. If the take-home exam is typed, the maximum length is 10
pages (which includes the cover page and the bibliography). If the take-home exam
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.
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May/June 2022

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 take-home exam, 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
take-home exam. Use the time given wisely.

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. PLEASE DO NOT CUT AND
PASTE ANSWERS FROM THE STUDY GUIDE (OR ANY OTHER SOURCE).

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.

11. By ticking the Honour Pledge, you confirm that you have read (i) the University’s Policy
on Copyright Infringement and Plagiarism and the Student Disciplinary Code, which
are both available on myUnisa: www.unisa.ac.za/unisarules, and (ii) the information
relating to student values and plagiarism that is found at
https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and-
rules.

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.
 CPD1501
May/June 2022

Question 1

1.1 Lucas is a citizen of Ireland which allows dual citizenship. He wants to

know whether he can acquire South African citizenship through
naturalisation without renouncing that of Ireland. If so, what are the
requirements that he needs to comply with? In your answer you should
describe what citizenship by naturalisation is. (10)

1.2 Jonathan was born in the Republic of South Africa on 7 April 2000 of two
Senegalese parents who have entered the country unlawfully. He has
lived in South Africa since his birth. One of his friends told him that he
may qualify for citizenship by birth in South Africa. As a law student,
Jonathan comes to you for advice. He wants to know if he can qualify for
citizenship by birth. (5)

1.3 The terms “refugee” and “migrant” are often used interchangeably as if they
mean the same thing. Explain how the two terms differ from one another.
(5)

[20]

Question 2

2.1 Neo is 18 years old. He was born in Senegal and now resides in South
Africa. He lost his South African citizenship in 2021 when he was 17 years
old because his mother, Esther, ceased to be a South African citizen in
2021 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. (5)

2.2 Themba is issued with a refugee status in South Africa in March 2016. In May
2017, he publishes an article which is critical of the judgment delivered by the
South African Constitutional Court in April 2012. Does his article justify the
cessation of his refugee status? (2)

2.3 Explain the instances justifying the cessation of refugee status. (5)
 CPD1501
May/June 2022

2.4 Discuss the system of proportional representation and what it means for the
South African electorate system. (5)

2.5 Discuss whether you believe that judicial review is undemocratic. (5)

[22]

Question 3

3.1 Discuss the following rights of citizens:

(a) political rights. (10)
(b) The right to enter, to remain in and to reside anywhere in the Republic.
(4)
(c) Freedom of trade, occupation and profession. (4)

3.2 Public participation in the law-making process is crucial since it lies at the
heart of our constitutional democracy. Give a brief explanation of the
following terms:

(a) law (2)

(b) a policy (2)

3.3 Discuss the process of a policy becoming law (6)

[28]
Question 4

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 also discuss the distribution of state authority among the branches of
government (legislative, executive, and judicial authorities). (10)

4.2 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,
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May/June 2022

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)

4.3 The confidentiality of asylum applications and the information contained in them
need to be ensured at all times. However, the Refugee Appeals Authority may,
on application and on conditions it deems fit, allow any person or the media to
attend or report on its hearing. Discuss those conditions. (10)

[30]

{100}

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UNISA 2022