Question: Question 2 [Marks: 20! In not more than two pages in length, answer the following questions: (1.2.1 (1.2.2 Consider the summary below: in determining the


Question 2 [Marks: 20! In not more than two pages in length, answer the following questions: (1.2.1 (1.2.2 Consider the summary below: in determining the legislative competencies between national and provincial legislatures, there are two questions that arise in cases of uncertainty: firstly, if the impugned legislation deals with a topic listed in Schedules 4 or 5 and secondly, if so, was the relevant legislature authorised to pass the legislation as a matter of course in terms of Section 44(2) or Section 146 of the Constitution? Compare the principles that govern conflict resolution between national and provincial legislatures under Schedules 4 and 5 of the Constitution, 1996 with specic reference to Section 44(2) and Section 146 of the Constitution. Regarding direct horizontal application of the Bill of Rights, discuss the two questions that the court, in the case of Khumalo and Others v Holomisa 2002 (5) SA 401 (CC), had to address and which su b-section of section 8 in the Constitution, 1996, was deemed to apply to horizontal disputes concerning the Bill of Rights, with reasons for your
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