Constitutional Court Appeals and Orders of Constitutional Invalidity Quiz

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.