Csl2601 Assignment 2 2012

CSL2601/101 3 Dear Student 1 INTRODUCTION Welcome to the Constitutional Law module. Constitutional law may arguably be described as the most “political” branch of the law, and we hope that you will find it both interesting and rewarding. Since the 1996 Constitution came into operation, the study of this module has become indispensable as it gives one an idea of the system of government that has been adopted in South Africa. More specifically, this module seeks to show you how power is shared at the highest levels of government, and the interaction that takes place between the different organs and branches of state in the various spheres of government. At this stage, these concepts may seem foreign to you, but please don’t be alarmed. You’ll come to understand them better as you work through the various sections of the module. Accordingly, we shall do our best to make your study of this module successful. You will be well on your way to success if you start studying early in the semester and resolve to do the assignments properly. You will receive a number of tutorial letters during the semester. This tutorial letter contains important information about the scheme of work, resources and assignments for this module. We urge you to read it carefully and to keep it at hand when working through the study material, preparing the assignments, preparing for the examination and addressing questions to your lecturers. Please read Tutorial Letter 301 in combination with this tutorial letter as it will give you an idea of important information you will need when studying in an open distance learning (ODL) environment and within a particular college at Unisa.

 

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ASSIGNMENT 02SECOND SEMESTER

QUESTION

X decides to rob a café. He enters the café, points a gun at the café owner, Y,and instructs him to hand over the cash in the till and then to lie on his stomachon the ground. Y follows all the orders, but, while lying down, he presses a panicbutton which alerts a security guard, Z, in the vicinity. Before X leaves the shop,the security guard, Z, arrives at the scene. X jumps on top of Y and aims his gunat Y’s head. Y breaks loose and the security guard (Z) immediately fires a shot atX. Unfortunately, the bullet hits and kills Y, the café owner, instead of X, therobber. Y dies as a result of the gunshot wound.

X (the robber)

is charged withmurder in respect of Y’s death. X’s legal representative argues that X did nothave the intention to murder Y, because he had made a mistake relating to thechain of causation. With reference to case law, discuss the merits of thisdefence.THE ANSWER TO THIS QUESTION MAY NOT EXCEED 300 WORDS (MOREOR LESS ONE (1) PAGE).

(Answer follows on page 3)

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