Constitutional Court Appeals and Orders of Constitutional Invalidity Quiz
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Questions and Answers

Which court has exclusive jurisdiction in constitutional matters?

  • District Court
  • Supreme Court of Appeal
  • Constitutional Court (correct)
  • High Court

    • Which court has concurrent jurisdiction with the Constitutional Court?

  • High Court (correct)
  • Supreme Court of Appeal
  • District Court
  • None of the above

    • What is the minimum number of judges required to hear a matter in the Constitutional Court?

  • 1
  • 4
  • 8 (correct)
  • 12

    • Which court has exclusive jurisdiction to decide on the constitutionality of any amendment to the Constitution?

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

    Which court is the court of final instance in non-constitutional matters?

    <p>Supreme Court of Appeal</p> Signup and view all the answers

    Which court may decide on Constitutional matters in terms of section 167(6) of the Constitution?

    <p>High Court</p> Signup and view all the answers

    Which court may not enquire into or rule on the constitutionality of any legislation or any conduct of the President?

    <p>Other courts</p> Signup and view all the answers

    Which section of the Constitution of the Republic of South Africa Act 108 of 1996 guarantees the right to access courts in constitutional matters?

    <p>Section 34</p> Signup and view all the answers

    What did the order issued by the Court in Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State v Zuma3 (CCT 295/20) direct Mr Zuma to do?

    <p>All of the above</p> Signup and view all the answers

    Why is the matter concerning Mr Zuma considered to be self-evidently extraordinary?

    <p>All of the above</p> Signup and view all the answers

    Which section of the Constitution provides for direct access to the Constitutional Court?

    <p>Section 167(6)(a)</p> Signup and view all the answers

    According to the text, which court has the exclusive jurisdiction to decide if Parliament or the President has failed to fulfill a constitutional obligation?

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

    What did the Economic Freedom Fighters (EFF) ask for in their application to the Constitutional Court?

    <p>All of the above</p> Signup and view all the answers

    Which section of the Constitution confers jurisdiction on the Supreme Court of Appeal, the High Court, and courts of similar status to pronounce on the constitutional validity of laws or conduct of the President?

    <p>Section 172(2)(a)</p> Signup and view all the answers

    What does Esau claim in the case of Esau v Esau?

    <p>All of the above</p> Signup and view all the answers

    According to the text, 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

    Which Bills did Doctors for Life International challenge the constitutional validity of?

    <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

    According to the respondents, what does the obligation to facilitate public involvement in the passing of the Bills require?

    <p>That the public be given an opportunity to make either written or oral submissions sometime during the process of making laws</p> Signup and view all the answers

    In Case study 2, who opposed the relief sought by Sonke in the High Court?

    <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

    Who appoints the Chief Justice and Deputy Chief Justice of South Africa?

    <p>The President after consultation with the JSC and NA</p> Signup and view all the answers

    What is the requirement for appointment as a judicial officer in South Africa?

    <p>Being fit and proper and appropriately qualified</p> Signup and view all the answers

    Which court can only have South Africans as judges?

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

    According to Section 179(1) of the Constitution, who is responsible for appointing the National Director of Public Prosecutions?

    <p>The President</p> Signup and view all the answers

    What must the National Director of Public Prosecutions consider when deciding whether or not to institute criminal proceedings against an accused?

    <p>The sufficiency and admissibility of evidence</p> Signup and view all the answers

    Who exercises final responsibility over the prosecuting authority according to Section 179(6) of the Constitution?

    <p>The Cabinet member responsible for the administration of justice</p> Signup and view all the answers

    Which matters must be determined by national legislation according to Section 179(7) of the Constitution?

    <p>The procedures for dealing with complaints</p> Signup and view all the answers

    Which body has the authority to remove a judge from office in South Africa?

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

    What is the jurisdictional precondition for the National Assembly to contemplate a resolution to remove a judge in South Africa?

    <p>The judge must be found guilty of gross misconduct by the JSC</p> Signup and view all the answers

    What is the required supporting vote of the National Assembly to remove a judge in South Africa?

    <p>Two-thirds majority</p> Signup and view all the answers

    What action must the President take upon the adoption of a resolution by the National Assembly calling for the removal of a judge in South Africa?

    <p>The President must remove the judge from office</p> Signup and view all the answers

    According to the text, who is the presiding officer at the Judicial Service Commission's meetings?

    <p>Chief Justice</p> Signup and view all the answers

    Which section of the Constitution provides for the composition of the Judicial Service Commission?

    <p>Section 178</p> Signup and view all the answers

    According to the text, who appoints the members of the Judicial Service Commission?

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

    Which section of the Constitution provides for the establishment of the National Prosecution Authority?

    <p>Section 179</p> Signup and view all the answers

    According to section 174(4) of the Constitution, who appoints judges to the Constitutional Court after consultation with the Chief Justice and some members of the National Assembly?

    <p>The President of the Republic</p> Signup and view all the answers

    Who provides a list of nominees for appointment as judges to the Constitutional Court, including three extra names, to the President?

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

    According to section 174(6) of the Constitution, who appoints judges of all other courts on the advice of the Judicial Service Commission?

    <p>The President of the Republic</p> Signup and view all the answers

    According to section 175(1) of the Constitution, who appoints the acting Deputy Chief Justice or judge of the Constitutional Court?

    <p>The President of the Republic</p> Signup and view all the answers

    According to section 176(1) of the Constitution, how long does a Constitutional Court judge hold office for?

    <p>12 years</p> Signup and view all the answers

    According to section 4 of the Judges’ Remuneration and Conditions of Employment Act, what happens to a Constitutional Court judge whose 12-year term of office expires or who reaches the age of 70 years before completing 15 years’ active service?

    <p>They must continue in office until the completion of 15 years’ active service or until they attain the age of 75 years, whichever is sooner</p> Signup and view all the answers

    According to section 8(a) of the Judges’ Remuneration and Conditions of Employment Act, what can a Chief Justice do if they become eligible for discharge from active service?

    <p>Continue to perform active service as Chief Justice for a period determined by the President, not extending beyond the age of 75</p> Signup and view all the answers

    According to the text, what did the Court declare about section 8(a) of the Judges’ Remuneration and Conditions of Employment Act?

    <p>It is inconsistent with the Constitution and invalid</p> Signup and view all the answers

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