Question 6
Which one of the following statements about the limitation of fundamental rights in terms of the
Constitution, 1996 is correct?
(1) None of the fundamental rights contained in the Bill of Rights can be limited under any
circumstances.
(2) There is a limitation applicable in the case of "discrimination" since only unfair discrimination
will be unconstitutional.
(3) No provision is made for a limitation where one fundamental right is in direct conflict with
another.
(4) The right to human dignity may be suspended when the state declares a state of emergency.
Question 7
Certain rights contained in the Bill of Rights are non-derogable. Which one of the following rights
is protected in its entirety?
(1) right to equality
(2) right to life
(3) right to privacy
(4) right to property
Question 8
Read the following scenario and answer the question that follows:
Francis frequently goes to the Arts and Crafts Market in Johannesburg with her friends. One
Saturday, as she is walking in Juta Street, a man approaches her and grabs her handbag out of
her hands. Francis starts chasing the man and shouts for help. A number of bystanders succeed
in chasing the man down and the police are called. The police arrest the man, who is identified
as Robert Beukes, for theft.
Who will decide if Robert will be tried in the Magistrate’s Court for theft after looking at all the
evidence presented by the police?
(1) magistrate
(2) state attorney
(3) state prosecutor
(4) state advocate
Question 6: (1)
Question 7: (2)
Question 8: (3)
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