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

Which court has exclusive jurisdiction in constitutional matters?

  • Constitutional Court (correct)
  • Supreme Court of Appeal
  • Magistrates' Court
  • High Court

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

  • 5
  • 10
  • 8 (correct)
  • 7

    • What is the term used to describe the power or competence of a court to hear and adjudicate on a legal dispute?

  • Jurisdiction (correct)
  • Injunction
  • Constitutionality
  • Remedy

    • 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 is the main question in the matter of Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State v Jacob Gedleyihlekisa Zuma?

    <p>Whether Mr Zuma is guilty of contempt of court</p> Signup and view all the answers

    What did the order of the Constitutional Court direct Mr Zuma to do?

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

    Why is the matter of Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State v Jacob Gedleyihlekisa Zuma considered extraordinary?

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

    Which court has the 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 was the court of final instance in non-constitutional matters before the 1996 Constitution?

    <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

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

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

    According to the text, which court is responsible for pronouncing on the constitutional validity of laws or conduct of the President?

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

    According to the text, what is the main argument of the Plaintiff (Esau) in the case?

    <p>The failure to recognize Muslim marriages discriminates against Muslim women on the grounds of their gender</p> Signup and view all the answers

    According to the text, which court should the order made by this Court be referred to for confirmation?

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

    Which court is the only court capable of hearing a challenge on whether Parliament failed to fulfill a constitutional obligation?

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

    Which Bills were challenged by Doctors for Life International (DFL) in their application to the Constitutional Court?

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

    Who opposed the relief sought by Sonke Gender Justice NPC in the High Court?

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

    What triggered the investigation by the Public Protector into the Nkandla project?

    <p>Complaints lodged by several South Africans, including a Member of Parliament, concerning aspects of the security upgrades at the President’s Nkandla private residence</p> Signup and view all the answers

    Study Notes

    Constitutional Court Jurisdiction

    • The Constitutional Court has exclusive jurisdiction in constitutional matters.

    Constitutional Court Composition

    • The Constitutional Court requires at least 8 judges to hear a matter.

    Judicial Competence

    • The term "jurisdiction" describes the power or competence of a court to hear and adjudicate on a legal dispute.

    Right to Access Courts

    • Section 34 of the Constitution of the Republic of South Africa Act 108 of 1996 guarantees the right to access courts in constitutional matters.

    Notable Case: Zuma v Judicial Commission

    • The main question in the matter of Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State v Jacob Gedleyihlekisa Zuma is about the validity of the commission's summons.
    • The Constitutional Court directed Mr. Zuma to cooperate with the commission and answer its questions.
    • This case is extraordinary because it involves the former President of South Africa.

    Constitutional Amendment

    • The Constitutional Court has the exclusive jurisdiction to decide on the constitutionality of any amendment to the Constitution.

    Pre-1996 Constitutional Matters

    • Before the 1996 Constitution, the Appellate Division was the court of final instance in non-constitutional matters.

    Section 167(6) of the Constitution

    • The Constitutional Court may decide on Constitutional matters in terms of section 167(6) of the Constitution.

    Presidential Conduct

    • The Constitutional Court may not enquire into or rule on the constitutionality of any conduct of the President.

    Constitutional Obligations

    • The Constitutional Court has the exclusive jurisdiction to decide that Parliament or the President has failed to fulfill a constitutional obligation.

    Constitutional Validity

    • The Constitutional Court is responsible for pronouncing on the constitutional validity of laws or conduct of the President.

    Esau Case

    • The main argument of the Plaintiff (Esau) is not specified in the text.

    Order Confirmation

    • The order made by the Constitutional Court should be referred to the Constitutional Court for confirmation.

    Constitutional Challenges

    • The Constitutional Court is the only court capable of hearing a challenge on whether Parliament failed to fulfill a constitutional obligation.

    Doctors for Life International (DFL) Case

    • Doctors for Life International (DFL) challenged the Choice of Termination of Pregnancy Act and the National Health Act in their application to the Constitutional Court.

    Sonke Gender Justice NPC Case

    • The National Commissioner of the South African Police Service opposed the relief sought by Sonke Gender Justice NPC in the High Court.

    Nkandla Project Investigation

    • The investigation by the Public Protector into the Nkandla project was triggered by a complaint received by the Public Protector.

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    Description

    Quiz: Constitutional Court Appeals and Orders of Constitutional Invalidity Test your knowledge on the appeal process and application to the Constitutional Court regarding orders of constitutional invalidity. This quiz includes a case study on Doctors for Life International v The Speaker of the National Assembly and Others. Discover the key principles and procedures involved in this important aspect of constitutional law.

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