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1. The recommendations of the Judicial Commission of Inquiry are binding, and the President has no discretion but to implement them. (1) 

2. Representative democracy presupposes that citizens govern themselves instead of selecting representatives to government. (1)

3. The Congress for a Democratic South Africa (CODESA) was convened in 1991 and it was this body which was tasked with the drafting of the Constitution of 1996. (1) 

4. Parliament may assign its power to pass legislation, including the power to amend the Constitution to a provincial legislature. (1) 

5. Deployment of members of the dominant party into various independent institutions, such as the judiciary, the prosecuting authority, the police service and other corruption-busting bodies, may demonstrate that the dominant party has captured these institutions. (1) 

6. Customary law and common law enjoy equal recognition as sources of law in South Africa. (1) 

7. Section 1 of the Constitution may be amended: the founding values provided that 65% of the members of the National Assembly need to vote for such amendment. (1) 

8. The case of Mazibuko, Leader of the Opposition in Parliament v Sisulu, Speaker of the National Assembly 2013 (4) SA 243 (WCC), clarified that members of smaller (opposition) parties in Parliament may initiate legislation without first having to seek approval from the Speaker of Parliament. (1) 

9. The provision of checks and balances that enable one branch of government to hold another branch of government accountable does not conform to modern conceptualisation of the doctrine of separation of powers 


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