Abortion Law and Pregnancy

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Questions and Answers

Under what circumstances can Eileen have a legal abortion?

If she is 16 years old and the pregnancy is a result of incest

If the pregnancy would result in a severe malformation of the fetus (correct)

If the pregnancy would pose a risk of injury to her or the fetus

If she is 24 weeks pregnant and her life is at risk

What is the maximum sentence that can be imposed under this Act?

Fines of up to R10,000

Community service for 2 years

Imprisonment for 10 years (correct)

Imprisonment for 5 years

What is the purpose of the Government Gazette?

To provide a platform for public debate

To publish new laws and regulations

To keep the public informed on various topics (correct)

To provide weekly updates on legal cases

What is codification in the context of law?

The process of writing down laws in a single source Signup and view all the answers

Is South African law contained in a single code?

No, it is found in multiple sources Signup and view all the answers

What is the time limit for incest as a ground for terminating a pregnancy?

Up to and including the 20th week Signup and view all the answers

Can the 16-year-old girl in the scenario have a legal abortion?

No, because the exceptions in Section 2(1)(c) do not apply Signup and view all the answers

What is the primary purpose of Section 2(1)(c) of the Act?

To provide exceptions for abortion Signup and view all the answers

What is the primary criterion for limiting a right contained in the Bill of Rights?

The limitation must be reasonable and justifiable in a democratic society. Signup and view all the answers

What is an example of a non-derogable right?

The right not to be tortured. Signup and view all the answers

What is the purpose of the limitation clause in Section 36 of the Constitution?

To set out the criteria for limiting a right in a democratic society. Signup and view all the answers

What is the significance of the S v Makwanyane case in 1995?

It abolished the death penalty in South Africa. Signup and view all the answers

What is a key factor in determining whether a limitation on a right is reasonable and justifiable?

The purpose of the limitation. Signup and view all the answers

What is the relationship between the Bill of Rights and the Constitution?

The Bill of Rights is a part of the Constitution. Signup and view all the answers

What is the primary purpose of the Bill of Rights in the Constitution?

To promote human dignity, equality, and freedom. Signup and view all the answers

What is the significance of a state of emergency in relation to non-derogable rights?

It prohibits the limitation of non-derogable rights. Signup and view all the answers

What is the highest law in the land according to the Constitution?

The Constitution Signup and view all the answers

What is the main purpose of the separation of powers in a democratic state?

To ensure that state organs' powers are kept in check Signup and view all the answers

What happens if legislation is inconsistent with the Constitution?

It may be changed or removed Signup and view all the answers

Which branch of government is responsible for interpreting the Constitution?

Judicial authority Signup and view all the answers

What is the main function of the judiciary according to the Constitution?

To deal with the courts Signup and view all the answers

What is the term used to describe the system of government where the powers of the state are divided into three branches?

Separation of powers Signup and view all the answers

Study Notes

Abortion Law

A legal abortion can be performed if the continued pregnancy would result in a severe malformation of the fetus (s 2(1)(c)(ii)) or pose a risk of injury to the fetus (s 2(1)(c)(iii)).
Incest is a ground for the termination of a pregnancy only up to and including the 20th week (s 2(1)(b)), but not after the 20th week (s 2(1)(c)).
A girl who is 24 weeks pregnant due to incest cannot have a legal abortion since none of the exceptions in s 2(1)(c) apply to her circumstances.

Key Concepts

Government Gazette: an official publication containing notices to the public, published weekly, which keeps people informed on various topics.
Codification: when the law is written down and found in one source; South African law is not contained in one single code and has multiple authoritative sources of law.

The Constitution and You

Supremacy of the Constitution

The Constitution is the supreme law, and everyone and all laws are subject to it.
If legislation is inconsistent with the Constitution, it may be changed or removed.

Separation of Powers

The powers of the state are separated and divided into three sections: legislative authority, executive authority, and judicial authority.
Separation of powers is essential in a democratic state to prevent abuse of power.
Each branch of government has specific functions to ensure that state organs' powers are kept in check.

Judiciary

The Constitution sets out the structure of the judiciary and the judicial system.
The judiciary deals with the courts, including the Constitutional Court, Supreme Court of Appeal, High Courts, and Magistrates courts.

Non-Derogable Rights

Even in a state of emergency, a person may not be tortured (S37 of the Bill of Rights).
Non-derogable rights cannot be limited or taken away, even in extreme circumstances.

Limitation of Rights

Section 36 of the Constitution sets out the criteria for limiting rights contained in the Bill of Rights.
To limit a right, the state's action must meet the following criteria:
- The law limiting the right must be of general application.
- The limitation must be reasonable and justifiable in an open and democratic society.
- All relevant points must be taken into account, including the nature of the right, the purpose of the limitation, and the nature of the limitation.

Influence of the Constitution on South African Law

The Constitution, especially the Bill of Rights, has influenced South African law in various ways, such as:
- The abolition of the death penalty, which was deemed unconstitutional and "cruel, inhuman, and degrading" (S v Makwanyane case, 1995).

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Quizzing your understanding of abortion laws and pregnancy scenarios, including legal considerations and fetal health.