Constitution and State Power Quiz
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Questions and Answers

What is the primary role of a Constitution in relation to state power?

  • To grant unlimited authority to the executive branch
  • To establish and constrain the exercise of state power (correct)
  • To restrict state power completely
  • To allow any action by the state as long as it's popular

Parliamentary supremacy allows the legislature to create any law without limitation.

True (A)

Name the three independent arms of state established under the principle of separation of powers.

Executive, Legislature, Judiciary

Under apartheid, South Africa followed a system of parliamentary __________.

<p>sovereignty</p> Signup and view all the answers

Match the functions with the corresponding arms of state:

<p>Executive = Empowered to enforce law Legislature = Empowered to make laws Judiciary = Empowered to interpret laws</p> Signup and view all the answers

What is the rationale behind the separation of powers?

<p>To distribute power and ensure mutual accountability (B)</p> Signup and view all the answers

The judiciary can remove legislators who are guilty of gross misconduct.

<p>False (B)</p> Signup and view all the answers

What happens if a state exceeds the bounds of its Constitution?

<p>Its conduct becomes legally invalid</p> Signup and view all the answers

What must the President do upon the adoption of a resolution calling for a judge's removal?

<p>Remove the judge from office (B)</p> Signup and view all the answers

The Judicial Service Commission includes only judges and lawyers.

<p>False (B)</p> Signup and view all the answers

What does Section 177(2) relate to?

<p>Incompetence or gross misconduct of judges.</p> Signup and view all the answers

The Chief Justice serves as the ______ of the Judicial Service Commission.

<p>presiding officer</p> Signup and view all the answers

Match the following roles with their corresponding entities in the Judicial Service Commission:

<p>Chief Justice = Presiding Officer Judges President = Court Management Two Practicing Advocates = Legal Representation Six Persons designated by the National Assembly = Political Appointees</p> Signup and view all the answers

What is one role of the Judicial Service Commission according to Section 178?

<p>Overseeing judicial appointments and removals (D)</p> Signup and view all the answers

Members designated by the NCOP serve indefinitely without replacements.

<p>False (B)</p> Signup and view all the answers

How many practicing attorneys are part of the Judicial Service Commission's composition?

<p>Two</p> Signup and view all the answers

What was deemed inconsistent with the Constitution and invalid according to the Judges' Remuneration and Conditions of Employment Act?

<p>Section 8(a) (C)</p> Signup and view all the answers

The President can unilaterally extend the term of office of the Chief Justice under any circumstances.

<p>False (B)</p> Signup and view all the answers

What must happen for a judge to be removed from office according to section 177(2)?

<p>The National Assembly must adopt a resolution calling for the judge's removal.</p> Signup and view all the answers

Under section 177(3), the President may suspend a judge who is subject to a procedure in terms of subsection (1) on the advice of the ______.

<p>Judicial Service Commission</p> Signup and view all the answers

What action does the JSC take if a judge is found guilty of gross misconduct?

<p>Recommends the judge's removal (D)</p> Signup and view all the answers

The case Hlophe v Judicial Service Commission and Others resulted in the judge being exonerated of all charges.

<p>False (B)</p> Signup and view all the answers

What is the majority vote of the JSC regarding Hlophe JP's actions?

<p>8-4</p> Signup and view all the answers

Match the following sections to their corresponding procedures:

<p>Section 177(1)(a) = Grounds for removal due to incapacity or gross misconduct Section 177(1)(b) = Removal resolution by the National Assembly Section 177(2) = Presidential removal based on Assembly resolution Section 177(3) = Suspension of judge on JSC's advice</p> Signup and view all the answers

What is the maximum term of office for a Constitutional Court judge?

<p>12 years or until age 70 (A)</p> Signup and view all the answers

Judges' salaries may be reduced to avoid corruption.

<p>False (B)</p> Signup and view all the answers

What is the reason for judges being well-paid?

<p>To reduce the likelihood of corruption and bribes.</p> Signup and view all the answers

A Constitutional Court judge's term of office can be extended by an Act of __________.

<p>Parliament</p> Signup and view all the answers

Match the following cases with their significance.

<p>Justice Alliance of South Africa v President of the Republic of South Africa = Challenge to extension of Chief Justice's term Freedom Under Law v President of the Republic of South Africa = Challenge to extension of Chief Justice's term Centre for Applied Legal Studies v President of Republic of South Africa = Challenge to extension of Chief Justice's term</p> Signup and view all the answers

At what age must a Constitutional Court judge cease to hold office if not extended?

<p>70 (A)</p> Signup and view all the answers

All judges serve under the same guidelines regarding terms and salary adjustments.

<p>False (B)</p> Signup and view all the answers

Judges' salaries cannot be __________ to prevent corruption.

<p>reduced</p> Signup and view all the answers

Which of the following Bills was NOT mentioned in the application made by Doctors for Life?

<p>The Mental Health Care Bill (D)</p> Signup and view all the answers

Doctors for Life alleged that Parliament fulfilled its constitutional obligation adequately.

<p>False (B)</p> Signup and view all the answers

What organization brought the application challenging the validity of certain Bills?

<p>Doctors for Life</p> Signup and view all the answers

The _________ Court is the only court that could hear the application made by Doctors for Life.

<p>Constitutional</p> Signup and view all the answers

What process did Doctors for Life claim was inadequately followed by the National Council of Provinces?

<p>Public consultation (A)</p> Signup and view all the answers

Match the following Bills with their respective focus areas:

<p>The Sterilization Amendment Bill = Health issues regarding sterilization The Traditional Health Practitioners Bill = Regulation of traditional health practices The Choice on Termination of Pregnancy Amendment Bill = Abortion regulations The Dental Technicians Amendment Bill = Regulation of dental technician practices</p> Signup and view all the answers

The respondent claimed that they did not comply with their duties to facilitate public involvement.

<p>False (B)</p> Signup and view all the answers

What specific aspect of the legislative process did Doctors for Life focus its complaint on?

<p>The process followed by the National Council of Provinces</p> Signup and view all the answers

What is the main requirement for the Commission's composition under Section 186?

<p>It must be broadly representative of diverse cultural and religious groups. (A)</p> Signup and view all the answers

The Commission is required to consist of an equal number of male and female members.

<p>False (B)</p> Signup and view all the answers

What incident led to the intervention of the Commission regarding initiates in Limpopo?

<p>292 initiates suffered complications due to initiation-related circumcision.</p> Signup and view all the answers

According to Section 185(4), the Commission has additional powers and functions prescribed by __________.

<p>national legislation</p> Signup and view all the answers

What was the reported health issue faced by initiates during the initiation season in Limpopo?

<p>Complications from circumcision surgery. (B)</p> Signup and view all the answers

The complaint regarding the initiation injuries was filed before the initiation season of 2022.

<p>True (A)</p> Signup and view all the answers

How many young men were admitted to hospitals due to complications from circumcision in Limpopo?

<p>292</p> Signup and view all the answers

Flashcards

Constitutional Supremacy

A system where the Constitution is the supreme law of the land, limiting state power.

Parliamentary Supremacy

A system where the legislature (parliament) holds supreme law-making power.

Separation of Powers

A system dividing governmental power among three independent branches: executive, legislature, and judiciary.

Executive Branch

The branch of government responsible for enforcing laws.

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Legislative Branch

The branch of government responsible for creating laws.

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Judiciary Branch

The branch of government responsible for interpreting laws.

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Checks and Balances

A system where each branch of government limits the power of the other branches.

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Trias Politica

Latin for 'three-fold political power', referring to the separation of powers.

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Section 8(a) of Act 47 of 2001

A section of the Judges' Remuneration and Conditions of Employment Act declared inconsistent and invalid with the Constitution.

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Judicial Service Commission (JSC)

A body responsible for investigating and deciding on removal of judges for misconduct or incapacity.

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Gross Misconduct

Serious wrongdoing by a judge, which justifies removal from office.

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Section 177(1)(a) of Constitution

Judges can be removed if they are incapacitated, grossly incompetent or guilty of gross misconduct as determined by the JSC.

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Section 177(1)(b) of Constitution

The National Assembly can initiate removal procedure. A resolution by National Assembly triggers president's action for judge removal.

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Section 177(2) of Constitution

President removes judge from office if the National Assembly passes a removal resolution.

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Hlophe v Judicial Service Commission

A case in which a judge challenged the JSC's decision to find him guilty of gross misconduct.

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Section 177(3) of Constitution

The President can suspend a judge pending a removal process upon JSC advice.

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President's removal power

The President can remove a judge from office if a resolution to remove them is adopted.

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Judicial Service Commission (JSC) Composition

The JSC has a specific structure with members from various sectors, including the judiciary, legal profession, and legislature.

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JSC Appointment of Members

President appoints JSC members on certain conditions and may appoint without consultation in specific exceptions.

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NCOP Delegates' Term

NCOP delegates serve until replaced or a vacancy arises.

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JSC Role in Procedures

The Judicial Service Commission may suspend a judge during a procedure, particularly for a gross misconduct or incompetence.

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Gross Incompetence/Misconduct

A judge can face removal from office due to grossly incompetent or misconduct.

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Specific High Court Matters

The Judge President of the court, Premier of the Province, plays a specific role in the JSC related to that high court.

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JSC Powers and Functions

The JSC operates based on constitutional rules and national laws.

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Constitutional Court Judge Term

12 years or until age 70, whichever comes first, unless Parliament extends it.

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Other Judges' Term

Judges other than Constitutional Court judges hold office until Parliament discharges them.

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Judge Salary Protection

Judicial salaries and benefits cannot be reduced to avoid corruption.

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Chief Justice Term Extension

The President's decision to extend the term of the Chief Justice was challenged in court.

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S176(1)

A Constitutional Court judge's term, including the 12-year limit, age cap, and any parliamentary extension.

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Justice Alliance Cases

Three legal cases challenging the authority to extend Chief Justice's term.

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Direct Access Application

A legal way to request court actions directly rather than going through other processes.

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Judicial Independence

Protecting judicial decision-making from improper influence, ensuring unbiased rulings. Often related to salary and immunity.

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Doctors for Life v Speaker Case

Legal case challenging Parliament's Bills related to health issues, questioning public involvement in law-making procedures.

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Constitutional Court Jurisdiction

The Constitutional Court's authority to hear cases regarding Parliament's constitutional obligations, specifically regarding public engagement in law-making.

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Parliamentary Obligations

Parliament's duty to facilitate public input during law-making.

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Public Involvement

The process of allowing the public to give input in legislative proposals through written or oral submissions.

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Declaratory Relief

A court order outlining the rights and obligations of parties involved in legislative process.

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Sterilization Amendment Bill

Specific Bill challenged that dealt with sterilization procedures.

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Health Bills

Laws related to medical issues.

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Four Questions

Key legal points the court had to consider about the Constitutional Court's role and possible remedy.

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Section 185(4)

Allows the Commission additional powers/duties based on national law.

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CRL Composition – Section 186(1)

National law dictates the Commission's size and duration.

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CRL Composition – Section 186(2)(a)

Commission must reflect diverse South African cultural & religious groups.

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CRL Composition – Section 186(2)(b)

Commission must reflect South Africa's gender balance.

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Initiation School Injuries

292 initiates were hospitalised after circumcision complications.

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CRL Intervention

The CRL Commission addressed the initiation injuries.

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CRL Rights Act 19 of 2002

Gives the commission powers and responsibilities.

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Remedial Steps

Possible solutions to address the initiation issue.

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Study Notes

PBL 220 Exam Notes 2024

  • Theme 1: The Judiciary

    • The judiciary refers to the courts of South Africa.
    • Section 165 of the Constitution vests judicial authority in the courts and states that the courts are independent.
    • Section 166 of the Constitution outlines the judicial system, including the Constitutional Court, Supreme Court of Appeal, and High Court.
    • A chief justice may serve at the Constitutional Court for a period of 12 years plus minimum 3 years at another court, or a straight 15-year period; the president can extend terms.
    • Section 176 of the Constitution lays out the terms of office and remuneration for judges.
    • The Constitutional Court legally recognizes Muslim marriages, declaring sections of the Marriage Act and Divorce Act unconstitutional.
    • Courts have no force on constitutionality until the Constitutional Court confirms their rulings.
    • The Public Protector impeachment inquiry has proceeded despite the Public Protector's recission bid.
    • Section 194 outlines the process for removing the Public Protector, Auditor General, or members.

  • Judicial Authority

    • Consider the mechanical application of the law.
    • Consider transformative constitutionalism and judicial transformation.
    • Consider how decolonization affects the South African judiciary.
    • Examine the structure of the South African judicial system.
    • Understand the concept of constitutional supremacy, where the Constitution is the supreme law of the republic.
    • The Constitution constrains state power. State conduct outside constitutional bounds is invalid.

  • Parliamentary Supremacy

    • Constitutional supremacy is contrasted with parliamentary sovereignty, where the legislature holds supreme law-making power.

  • Separation of Powers

    • This divides power among the executive, legislative, and judiciary branches of government.

  • Transformative Constitutionalism

    • This emphasizes substantive equality and justice, empowering previously marginalized communities.
    • It prioritizes socioeconomic rights and minimizes procedural technicalities.

  • Judicial Transformation

    • Section 174(2) mandates that the judiciary reflects South Africa's racial and gender composition, particularly important given the prior dominance of white males in the pre-democratic era.
    • Focuses on understanding how colonization has influenced South Africa’s customary law and the way it is viewed, particularly through instances where traditional customs are upgraded but frozen out of their current context.

  • Judicial Authority: Section 165 of the Constitution

    • The judiciary's role is legal adjudication.
    • Courts exercise judicial functions including interpreting the law and resolving disputes.
    • Courts make law in a secondary sense through their interpretations of legal disputes and by applying the law to specific cases.

  • Constitutional Court: Section 167 of the Constitution

  • Section 165 outlines the structure and roles of the Constitutional Court within the Judiciary of South Africa.

  • Supreme Court of Appeal: Section 168 of the Constitution

  • Section 168 of the Constitution deals with the structure and function of this court, which acts as a final court of appeal for certain matters.

  • High Court: Section 169 of the Constitution

    • The High Court acts as a court of first instance and appeals court.
    • It comprises different divisions based in certain geographical locations.

  • Magistrates Court: Section 170 of the Constitution

  • Section 170 designates jurisdiction powers to lower Magistrates court in terms of national legislation for any matters decided by an Act of parliament.

  • Note the restrictions in specific cases of constitutionality.

  • Section 167 of the Constitution: Introduces the Head of State as the Chief Justice, with various judicial officers playing supporting roles in the constitutional justice system of South Africa.

  • Theme 2: Appointment of Judges

    • This theme covers the appointment, terms, and removal procedures for judicial officers in the South African court system. This includes detailing pertinent legislation.

  • Section 174(Appointment of Judicial Officers): Explains the criteria for appointing judicial officers; details who can be so appointed and their qualifications.

  • Section 175 (Appointment of Acting Judges): Defines how acting judges are appointed in different courts

  • Section 176 (Terms of Office and Remuneration): Outlines the terms of office for judicial officers, including the non-renewable term limitations.

  • Section 177 (Removal of Judges): Describes the grounds for removing a judge from office and the procedure involved in impeachment.

  • Section 178 (Judicial Service Commission): Provides specifics on that particular body's structures, composition, and powers for appointing and removing judges from office.

  • Section 180 (National Legislation and Administration of Justice): Details the specific legislation and administration of justice related to the matters concerned, including judicial appointments.

  • Case Study Analysis: Presents real-world examples or cases to illustrate the application of these sections in practical legal situations.

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PBL 220 Exam Notes 2024 PDF

Description

Test your knowledge on the role of the Constitution in relation to state power and the principles of separation of powers. This quiz covers essential aspects such as parliamentary supremacy, functions of state arms, and the Judicial Service Commission. Delve into key terms and concepts essential for understanding governance and legal frameworks.

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