Constitutional Court Appeals
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Questions and Answers

What is the question at the center of this matter?

The question at the center of this matter is whether Mr Zuma is guilty of contempt of court for failure to comply with the order.

What did the court order Mr Zuma to do?

The court ordered Mr Zuma to comply with summonses issued by the Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State and to appear and give evidence on dates determined by the Commission.

Did Mr Zuma comply with the court order?

No, Mr Zuma did not comply with the court order.

What is Section 167(6)(a) of the Constitution about?

<p>Section 167(6)(a) of the Constitution provides for direct access to the Constitutional Court.</p> Signup and view all the answers

Under what circumstances can direct access be granted to the Constitutional Court?

<p>Direct access will be granted when it is in the interests of justice to do so.</p> Signup and view all the answers

Why is this case considered extraordinary?

<p>This case is considered extraordinary because it involves unprecedented attacks on the authority and legitimacy of the Constitutional Court and its members, posing a significant threat to the judicial process.</p> Signup and view all the answers

What is the jurisdiction of the Constitutional Court?

<p>The Constitutional Court has jurisdiction to decide on the constitutionality of any amendment to the Constitution.</p> Signup and view all the answers

What is the Constitutional Court's exclusive jurisdiction?

<p>The Constitutional Court has exclusive jurisdiction to decide disputes between organs of state in the national or provincial sphere concerning the constitutional status, powers or functions of any of those organs of state.</p> Signup and view all the answers

What is the composition of the Constitutional Court?

<p>The Constitutional Court consists of the Chief Justice, the Deputy Chief Justice, and 9 other judges.</p> Signup and view all the answers

What is the role of the High Court in constitutional matters?

<p>The High Court of South Africa may decide on Constitutional matters in terms of section 167(6) of the Constitution.</p> Signup and view all the answers

How many judges are required to hear a matter in the Constitutional Court?

<p>8 judges must hear a matter in the Constitutional Court.</p> Signup and view all the answers

What is the jurisdiction of the Constitutional Court?

<p>The Constitutional Court has exclusive jurisdiction in constitutional matters.</p> Signup and view all the answers

What is the role of the Supreme Court of Appeal in non-constitutional matters?

<p>The Supreme Court of Appeal was the court of final instance in non-constitutional matters.</p> Signup and view all the answers

What is the main function of the Constitutional Court?

<p>The Constitutional Court gives effect to orders of invalidity and deals with issues of interpretation, protection, and enforcement of the Constitution.</p> Signup and view all the answers

What powers do courts have in constitutional matters?

<p>When deciding a constitutional matter within its power, a court must declare that any law or conduct that is inconsistent with the Constitution is invalid to the extent of its inconsistency.</p> Signup and view all the answers

What is constitutional jurisdiction?

<p>Constitutional jurisdiction refers to the power or competence of a court to hear and adjudicate on legal disputes related to the interpretation, protection, or enforcement of the Constitution.</p> Signup and view all the answers

What is the process for confirming an order of constitutional invalidity?

<p>An order of constitutional invalidity made by a court has no force unless it is confirmed by the Constitutional Court.</p> Signup and view all the answers

What is the difference between concurrent and exclusive jurisdiction of the Constitutional Court?

<p>The Constitutional Court exercises concurrent jurisdiction with the High Court and the SCA on certain matters, but has exclusive jurisdiction on other issues that only the Constitutional Court can decide.</p> Signup and view all the answers

Who can appeal directly to the Constitutional Court to confirm or vary an order of constitutional invalidity?

<p>Any person or organ of state with a sufficient interest</p> Signup and view all the answers

In Doctors for Life International v The Speaker of the National Assembly and Others, what Bills did Doctors for Life International challenge?

<p>the Sterilisation Amendment Bill; the Traditional Health Practitioners Bill; the Choice on Termination of Pregnancy Amendment Bill; and the Dental Technicians Amendment Bill</p> Signup and view all the answers

What did Doctors for Life International argue in their application?

<p>Parliament failed to fulfil its constitutional obligation to facilitate public involvement when it passed the four Bills</p> Signup and view all the answers

What did the respondents argue in Doctors for Life International v The Speaker of the National Assembly and Others?

<p>They complied with their respective duties to facilitate public involvement in the passing of the Bills</p> Signup and view all the answers

In Sonke Gender Justice NPC v President of the Republic of South Africa and Others, what rights does the Bill of Rights grant to every detained person?

<p>rights to life, dignity, bodily security and conditions of detention that are consistent with human dignity</p> Signup and view all the answers

Who opposed the relief sought by Sonke in the High Court in Sonke Gender Justice NPC v President of the Republic of South Africa and Others?

<p>the President of the Republic of South Africa, the Minister of Justice and Correctional Services, and the National Commissioner of Correctional Services</p> Signup and view all the answers

What is the purpose of submitting the Public Protector's report to the National Assembly?

<p>To facilitate compliance with the remedial action in line with its constitutional obligations to hold the President accountable.</p> Signup and view all the answers

Which court has the exclusive jurisdiction to decide that Parliament or the President has failed to fulfill a constitutional obligation?

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

What did the EFF ask for in their application to the Constitutional Court?

<p>An order affirming the legally binding effect of the Public Protector's remedial action, directing the President to comply with the Public Protector's remedial action, and declaring that both the President and the National Assembly acted in breach of their constitutional obligations.</p> Signup and view all the answers

Which courts have jurisdiction to pronounce on the constitutional validity of laws or conduct of the President?

<p>The Supreme Court of Appeal, the High Court, and courts of similar status.</p> Signup and view all the answers

What does the Plaintiff, Esau, claim regarding the failure to recognize Muslim marriages?

<p>That it discriminates against Muslim women married in terms of Muslim rites on the grounds of their gender and/or religion, and is inconsistent with sections 9(3) and 7(2) of the Constitution.</p> Signup and view all the answers

What does Esau pray for in their case?

<p>A declaration that the failure to initiate and prepare legislation providing for the recognition of Muslim marriages is inconsistent with the Constitution, and directing the Cabinet and the Minister of Justice to prepare and initiate the required legislation within 18 months.</p> Signup and view all the answers

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