Question: Question 3 Read the following case judgement and answer the following questions. Soobramoney v Minister of Health, KwaZulu-Natal Appeal against a High Court judgment refusing

 Question 3 Read the following case judgement and answer the following

Question 3 Read the following case judgement and answer the following questions. Soobramoney v Minister of Health, KwaZulu-Natal Appeal against a High Court judgment refusing to grant an order against a provincial hospital to provide ongoing renal dialysis treatment to the applicant, on the basis of the right under section 27(3) of the Constitution not to be refused emergency medical treatment and the right to life under section 11 of the Constitution. Appeal dismissed. Majority: Chaskalson P (Langa DP, Ackem'iann, Didcott, Goldstone, Kriegler, Mokgoro, O'Regan JJ concurring). Separate Concurrences: Madala and Sachs JJ. Source: Soobramoney v Minister of Health. KwaZuluNatal [1998 {1) SA ?65 {CC}; 3.1 Which sources of law did the judge consult? Describe them. (2 Marks) 3.2 What is an appeal (2 Marks) 3.3 What is the purpose of the Constitution as a source? (8 Marks) 3.4 What is the generation of right and how does one secure it? (2 Marks) 3.5 Which court heard this? (1 Mark) 3.6 What is the function of that court in terms of this case? (2 Marks) 3.? What is the position of this court in terms of hierarchy and the effect of the decisions it makes in terms of the doctrine of precedent? (3 Marks) [Sub Total 20 marks]

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