Essay Introduction to Constitutional Law – Law Assignment Help

Assignment Task:

TASK:

Question 1: Introduction to Constitutional Law [23 marks]

Consider the following as a context: George owns a small farm along the pristine Wild Coast region of the Eastern Cape Province. The local municipality wishes to erect a road closer to the coast to replace a much longer inland route. George’s farm falls within the path of the proposed road and the Municipality offers to purchase the farm from George. George refuses the offer and the municipal official indicated that this is a compulsory acquisition. George arranges a meeting with the official and tells this official that he believes that this must be contrary to the Constitution of South Africa and his rights. However, when the official asks George what section of the Constitution he is invoking to challenge the acquisition, George hesitantly replies: ‘Uhmm, I cannot mention any one section…it’s just…the vibe of the thing.’ Now answer the following questions:

• Explain whether the Constitution of South Africa has a ‘vibe’, as described by George, or themes or foundational values that underscores all its provisions. If so, set out what these themes or foundational values are. (3 marks)’

1.2 George’s farm was subsequently sold and some of the workers who lived on the farm now found themselves destitute and without adequate shelter. One of the workers believes that the Government has failed in its duty to provide access to housing. Section 26 of the Constitution of South Africa provides that: “(1) Everyone has the right to have access to adequate housing. (2) The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right.” Write a carefully structured and well-reasoned essay in which you explain how the Constitutional Court has interpreted the following provision: “the state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of this right”.

Answer the question by referring specifically to the case of Government of the Republic of South Africa and Others v Grootboom and Others 2001(1) SA 46 (CC). Your answer must contain a brief summary of your own understanding of the case