Question 1 (Marks: 20) Read the following extract and answer the questions that follow in not more than two (2) pages in length: "JOHANNESBURG - The Democratic Alliance (DA) has called on acting Public Protector Kholeka Gcaleka to investigate the appointment of suspended Tembisa Hospital CEO, Ashley Mthunzi. Mthunzi was appointed in the position in June last year. At the time, the Gauteng Health Department said it had conducted a background check on Mthunzi and found no reason to disqualify him from being appointed to the position. However, it's since emerged that Mthunzi was undergoing a disciplinary hearing in his previous role at Pholosong Hospital and this was not disclosed during his recruitment. Mthunzi was suspended as Tembisa Hospital CEO after revelations that the hospital had spent half a million rand on what was referred to as skinny jeans." - Maki Molapo DA wants Public Protector to probe appointment of Tembisa Hospital CEO EWN (Eyewitness News) 26 September 2022. Available at: https://ewn.co.za/2022/09/26/da-wants- public-protector-to-probe-appointment-of-tembisa-hospital-ceo (accessed 27 September 2022) Q.1.1 The extract refers to the Public Protector, which is one of the so-called Chapter 9 (10 ) Institutions. Discuss the roles of the Chapter 9 Institutions in general and the nature of their independence with reference to the court's decision in Independent Electoral Commission v Langeberg Municipality 2001 (3) SA 925 (CC). Q.1.2 The extract above deals with a controversial issue faced by a state hospital. In (10) terms of Schedule 4 in the Constitution, 1996, which sets out the functional areas of concurrent national and provincial legislative competence, hospitals fall under "health services". Assume for this question only that there is a law that was passed by the Gauteng Provincial Legislature and it conflicts with national law concerning health services. Identify the enquiries that need to be made in order to resolve such a conflict between the national and provincial spheres.\"If an entity is in the business of distributing films, series and games in South Africa, it has to be registered with the Film and Publications Board (FPB), which screens content for classification purposes. This is according to the Films and Publications Act [65 of 1996], which governs streaming services such as Netflix and Showmax, cinema houses including Nu-Metro and Ster- Kinekor, gaming companies such as Konami and Capcom, as well as Apple TV and Google. Under the Films and Publications Act, distributors that have not registered with the board are doing so unlawfully. Yet Netflix operated freely for four years before it signed the distributor agreement early last week.\" - Zaza Hlalethwa Netfiix surrenders to the Fiim and Pubiication Board Mail & Guardian (2 March 2020)Available at: htt s: m .co.za article 2020-03-02-netflix-surrenders-to-the-fi|m-and- publication-boardg (accessed 27 September 2022) (1.2.1 Netflix is a production company and it would therefore regarded as a juristic (10) person in South African Law. Briefly explain the difference between natural and juristic persons with reference to who may claim rights in the Bill of Rights. (1.2.2 Assume for this question only that Netflix do not want to be regulated in terms of (10) the Fiims and Pubiications Act 65 of 1996, and they argue before court that this Act is not considered to be \"Law of general application" in terms of section 36 in the Constitution, 1996. Describe what the \"Law of General Application\" means in the context of section 36 in the Constitution, 1996. As part of your answer, you must also refer to the consequences ofthis requirement as well as the rationale for it. Question 3 [Marks: 20] Dineo works as a sales manager for Massive Sales (Pty) Ltd. The approach to employees' salaries, as such how much each employee earns per month, is kept confidential and the rule is that employees of the company should never discuss their salaries with one another. However, Dineo is taking a coffee break between meetings one day when she overhea rs two of her fellow sales managers, Doug and Bongani, talking about their salaries to one another. What Dineo gathers from their conversation is that they both earn more than she does, despite the fact that they both hold the same position in the company as she does and they do the same work as she does too. Dineo raises this concern with her supervisor, citing that her right to equality and her right to human dignity have been infringed by the fact that two men (Doug and Bongani) are earning more than her because she is a woman. In not more than two [2) pages in length, answer the following questions: (1.3.1 Set out in detail two-stage analysis for determining whether discrimination is unfair (10) in terms of section 9(3) of the Constitution, 1996, with reference to the case of Harksen v Lane NO and Others 1998 (1) SA 300 (CC). As part of your answer, you are also required to indicate which one of the specied grounds would be applicable in Dineo's case. (1.3.2 Assume for this question only that Dineo's supervisor dismisses her concern as (10) \"nonsense\" and he tells her to get back to work. Dineo comes to consult with you as her attorney about whether her human dignity has any worth in terms of the law because her employer makes her feel like her human dignity is not worth anything. Explain the difference between human dignity as a \"value" and human dignity as a \"right\" to Dineo