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    FINAL Law 234 - Combined

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    Doreen Aaron
    This document contains instructions and questions for a final exam on constitutional law being administered by the University of Botswana's Department of Law. The exam consists of 3 questions, and students must answer any 2 questions. Question 1 presents a scenario where the outgoing President is accused of corruption shortly before the end of his term, and is then arrested after a coup. Students are asked to advise the former President on the issue of immunity. Question 2 involves a Member of Parliament who accused a government director of corruption, and must now advise the MP and a newspaper that published the accusations. Question 3 asks students to discuss the concept of the rule of law in the context of a modern constitutional democracy, based on a quotation provided.

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    FINAL Law 234 - Combined

    Uploaded by

    Doreen Aaron
    513 views3 pages
    This document contains instructions and questions for a final exam on constitutional law being administered by the University of Botswana's Department of Law. The exam consists of 3 questions, and students must answer any 2 questions. Question 1 presents a scenario where the outgoing President is accused of corruption shortly before the end of his term, and is then arrested after a coup. Students are asked to advise the former President on the issue of immunity. Question 2 involves a Member of Parliament who accused a government director of corruption, and must now advise the MP and a newspaper that published the accusations. Question 3 asks students to discuss the concept of the rule of law in the context of a modern constitutional democracy, based on a quotation provided.

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    This document contains instructions and questions for a final exam on constitutional law being administered by the University of Botswana's Department of Law. The exam consists of 3 questions, and students must answer any 2 questions. Question 1 presents a scenario where the outgoing President is accused of corruption shortly before the end of his term, and is then arrested after a coup. Students are asked to advise the former President on the issue of immunity. Question 2 involves a Member of Parliament who accused a government director of corruption, and must now advise the MP and a newspaper that published the accusations. Question 3 asks students to discuss the concept of the rule of law in the context of a modern constitutional democracy, based on a quotation provided.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    513 views3 pages

    FINAL Law 234 - Combined

    Uploaded by

    Doreen Aaron
    This document contains instructions and questions for a final exam on constitutional law being administered by the University of Botswana's Department of Law. The exam consists of 3 questions, and students must answer any 2 questions. Question 1 presents a scenario where the outgoing President is accused of corruption shortly before the end of his term, and is then arrested after a coup. Students are asked to advise the former President on the issue of immunity. Question 2 involves a Member of Parliament who accused a government director of corruption, and must now advise the MP and a newspaper that published the accusations. Question 3 asks students to discuss the concept of the rule of law in the context of a modern constitutional democracy, based on a quotation provided.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    You are on page 1of 3

    NON CONVENTIONAL EXAM

    UNIVERSITY OF BOTSWANA

    DEPARTMENT OF LAW

    END OF SEMESTER ONE FINAL EXAMINATIONS 2021/2022

    FRONT PAGE

    COURSE NO: LAW234 DURATION: 4HOURS DATE: DECEMBR. 2021

    TITLE OF PAPER: CONSTITUTIONAL LAW

    SUBJECT: LAW

    TIME OF EXAMINATION: __________________________


    MORNING/AFTERNOON
    _____________________________________________________________

    INSTRUCTIONS:

    1. THERE ARE THREE QUESTIONS.

    2. ANSWER ANY TWO QUESTIONS.

    3. ALL QUESTIONS CARRY EQUAL MARKS.

    4. CANDIDATES TO SUBMIT HAND WRITTEN OR TYPED ANSWERS AT


    BLOCK 230/124 WITHIN THE FOUR HOURS OF THE EXAMINATION.

    5. CANDIDATES TO INDICATE COURSE LECTURER ON COVER PAGE

    6. CREDIT WILL BE GIVEN FOR:


    a) EFFECTIVE ARRANGEMENT AND PRESENTATION;
    b) CLARITY OF EXPLANATIONS;
    c) EFFECTIVE USE OF RELEVANT AUTHORITIES;
    d) LOGICAL ARGUMENT; AND
    e) CLEAR AND CONCISE ENGLISH.
    ----------------------------------------------------------------------------------------------------
    Page 1 of 3
    QUESTION ONE

    Onketsang has been the President of Botswana for almost 10 (ten) years. Some
    2 (two) months before the end of his term, the main opposition party releases
    information to the effect that the President has been engaged in acts of theft,
    corruption and money laundering.

    James reads about the foregoing allegations and becomes angry. He shares the
    `rumours` with a group of fellow unemployed youths. After a week of thorough
    preparation James stages a successful coup and appoints himself the President
    of Botswana.

    James immediately orders the arrest of President Onketsang and further


    commands his trail. Onketsang approaches you to defend him at his trial. The
    main issue before the court is in regard to immunity.

    Advise Onketsang.
    [30 marks]

    QUESTION TWO

    Kekana is a Member of Parliament for Kgosing Constituency and a prominent


    member of the opposition party in the national assembly. He is known for his
    outspokenness particularly on welfare issues involving public officers. In June
    2020, he held a public rally at Kgosing East and accused the ruling party of giving
    public service perpetual excuses for failure to increase their salaries. He singled
    out Jeremiah, the Director of Public Service Management and accused him of
    corruption and careless wastage of public funds on private matters. He repeats
    the accusation on the floor of the National Assembly. The Herald Newspaper
    publishes these accusations. Jeremiah contemplates suing both Kekana and the
    Herald Newspaper.

    Advise Kekana and the Herald Newspaper.

    [30 marks]

    Page 2 of 3
    QUESTION THREE

    “Every act of governmental power, i.e every act which affects the legal rights,
    duties or liberties of any person, must be shown to have a strictly legal pedigree.
    The affected person may always resort to the courts of law, and if the legal
    pedigree is not found to be perfectly in order the courts will invalidate that
    act……That is the principle of Legality. However the Rule of Law demands
    something more.” H.W.R Wade & C.F.Forsyth, Administrative Law 7th ed, Page
    25.

    In the light of the above quotation, discuss the concept of the rule of law, in
    context of a modern constitutional democracy.

    [30 marks)

    [END OF QUESTION PAPER]

    Page 3 of 3

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