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LPM521S - LAW FOR PUBLIC MANAGERS 1B - 2nd Opp - NOV 2022 |
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n Am I 8 I A Un IVE RSITV
OF SCIEn CE Ano TECHn OLOGY
FACULTY OF HUMAN SCIENCES
DEPARTMENTOF SOCIALSCIENCES
QUALIFICATION:BACHELOROF PUBLICMANAGEMENT
QUALIFICATION CODE:
07BPMN
LEVEL: 5
COURSECODE: LPM 5215
COURSENAME: LAW FOR PUBLICMANAGERS 18
SESSION: NOVEMBER 2022
PAPER:THEORYAND CASESTUDIES
DURATION: 3 HOURS
MARKS: 100
SECOND OPPORTUNITY EXAMINATION
EXAMINER(S} Emmy Wabomba
MODERATOR: Magda Saayman
INSTRUCTIONS
1. The paper has NINE questions.
2. ALL the questions are compulsory.
3. Read carefully before answering.
4. Write clearly and neatly.
5. Number the answers clearly and according to the structure in the examination question
paper.
6. Candidates will be penalised for incorrect spelling and illegible handwriting.
ANNEXURE
The Namibian Constitution (Chapter 3) (8 pages)
PERMISSABLE MATERIAL
None
THIS EXAMINATION PAPERCONSISTSOF 4 PAGES(Excluding this front page)
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QUESTION 1
INDICATEWHETHER THE FOLLOWING STATEMENTSARE TRUE OR FALSE.NO NEEDTO
MOTIVATE.
1.1 A right to liberty is a right to be left alone meaning it's absolute.
1.2 The right to equality means so long as the circumstances are not the same, all
individuals are not to be accorded the same treatment.
1.3 The right to a fair trial applies only to the accused person.
1.4 Article 12 (e) requires the state to give an accused person adequate facilities to prepare
their case.
1.5 The underlying principle of the fact that the legislation must be published is that it must
be made known to the public
1.6 Guidelines used by the courts to determine whether the presumption is done away with
by implication, is to find out if the retro-effect does not affect the vested right or it
grants a benefit.
1.7 Entrenched provision need 50% of members of parliament to be present and 50% of
cabinet.
1.8 Delegated legislation derives from person or bodies which are vested with subordinate
legislative powers under the subordinate legislation.
1.9 Semantic guidelines are based on how letters are formulated in the statutes.
1.10 Foreign law is not as authoritative during interpretation of legislation as compared to
international law.
(EACH TWO MARKS}
{201
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QUESTION 2
Mr.Keagile appeared in court in June 2012 on a charge of contravening the Internal Security Act.
The said Internal Security Act was repealed in September 2012 by a new Internal Security Act.
2.1 Under which Act will Mr Keagile's trial take place? Give a reason for your answer.
{4}
2.2 In the language dimension of the interpretation process certain basic principles must be
followed. Explain these principles.
{5}
[9]
QUESTION 3
Mr. Sipho, an adult male and a South African National, on holiday in Namibia with his wife, was
accused of domestic violence towards his wife and of raping her in their hotel room. At the trial
he was not told that he may have representation. Further he requested to see the medical
documentation which was in the hands of the prosecution, which proved his violence towards
his wife. To this the magistrate answered, that he had no such right, as he was a violent man who
must be punished.
3.1 Which human rights have been infringed?
{5}
3.2 Can Sipho's wife be forced to give testimony against her husband? Give a reason for your
answer.
{4}
[9]
QUESTION 4
If a provision in legislation, authorises an official or body to exercise a certain power or powers,
the question arises whether s/he or it must give effect to the stipulation in the said provision
strictly or whether s/he or it has a discretion to adapt the stipulations as the circumstances may
from case to case require?
4.1 How can one arrive at an acceptable answer to this question?
[5]
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QUESTION 5
Ingrid Katumbu's son, Silas Shilongo, a grade 5 pupil and 12 years old, was removed from his
mother's home without his mother's permission and taken to his grandfather's village to
permanently herd and graze the grandfather's cattle and to assist his grandfather with chores in
general around the homestead, leaving Silas no time to attend school. Identify the rights that
have been infringed.
[10]
QUESTION 6
6.1 Magistrate Dirk Coetzee wants to interpret the common law rule with regards to the
principle of natural justice. Can he use the rules of interpretation of statutes? Briefly
explain.
{2}
6.2 Identify (6) six differences between the text-based approach and the text-in-context
approach?
{12}
[14]
QUESTION 7
7.1 When would the courts be entitled to modify the meaning of a text and what method of
interpretation would be used in each of the mentioned situations?
{4}
7.2 A "Semi-Precious Stones Act" was promulgated by Parliament. Section 10 of the said Act
makes it illegal to sell socialite, a semi-precious stone found in northern Namibia. Further
the said section lays down a penalty of 2 years imprisonment for anyone found guilty
under this section. Mr. Shabangu, a tourist from South Africa, travels to a remote area in
the north of Namibia and is offered a 5kg socialite stone by Mr. Samuels. Mr. Shabangu
buys the said stone. On his way back to Windhoek, Mr. Shabangu is stopped at the
roadblock and the police officers find the sodalite and promptly arrest him for buying and
being in possession of socialite in terms of the above mentioned Act. At his trial, Mr.
Shabangu, in his defence, states that the said section 10 of the said Act only prohibits the
selling of soda lite and not the buying and possession thereof. The court nevertheless finds
him guilty and imposes a one year prison sentence. Which rule under which interpretative
method, did the court use to find him guilty?
{2}
7.3 An enactment changes the common law crime of bigamy without expressly stating that it
is doing away with the common law. Explain with due regard to a common law rule, how
the new law will be interpreted.
{5}
[11]
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QUESTION 8
8.1 Identify five (5) characteristics of human rights.
{5}
8.2 All human rights are absolute. Discuss this statement in detail.
{9}
[14]
QUESTION 9
Identify two institutions in terms of the Namibian Constitution and any two Namibian non-
governmental organisations that protect human rights and state how each protect such rights?
[8]
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