Constitutional Court Appeals

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What is the jurisdiction of the Constitutional Court?

The Constitutional Court has exclusive jurisdiction in constitutional matters.

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

Eight judges are required to hear a matter in the Constitutional Court.

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

Concurrent jurisdiction is exercised with the High Court and the SCA, while exclusive jurisdiction is held only by the Constitutional Court on certain issues.

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

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

What was the subject of the constitutional challenge in Case Study One?

The constitutional validity of certain Bills related to health issues Signup and view all the answers

Who argued that Parliament fulfilled its constitutional obligation to facilitate public involvement in the passing of the Bills?

The respondents Signup and view all the answers

What rights does the Bill of Rights grant to every detained person?

Rights to life, dignity, bodily security, and conditions of detention consistent with human dignity Signup and view all the answers

What is the case about?

The case is about whether Mr Zuma is guilty of contempt of court for failure to comply with the order made by the Court. Signup and view all the answers

What did the Court order Mr Zuma to do?

The Court ordered Mr Zuma to comply with summonses issued by the Commission of Inquiry, appear and give evidence on determined dates, and comply with directives issued by the Commission. Signup and view all the answers

What is the significance of this case?

This case is significant because it involves attacks on the authority and legitimacy of the Court, as well as threats to the judicial process. Signup and view all the answers

What does Section 34 of the Constitution guarantee?

Section 34 guarantees the right to access courts with regard to constitutional matters, not restricted to civil and criminal matters. Signup and view all the answers

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

To facilitate compliance with the remedial action and hold the President accountable. Signup and view all the answers

What does section 167(4)(e) of the Constitution state?

That only the Constitutional Court may decide that Parliament or the President has failed to fulfill a constitutional obligation. Signup and view all the answers

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

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

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

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

What is the role of the Constitutional Court in South Africa?

The Constitutional Court is the highest court in South Africa and has the power to decide on matters related to the constitutionality of laws and conduct. Signup and view all the answers

What is the process for challenging the validity of legislation?

Any challenge to the validity of legislation would usually first be lodged in the High Court. If the High Court or the Supreme Court of Appeal declares the legislation invalid, the Constitutional Court must confirm this before the order will have any force or effect. Signup and view all the answers

What are some examples of cases that fall under the Constitutional Court's exclusive jurisdiction?

Examples include disputes between organs of state, deciding on the constitutionality of parliamentary or provincial bills, and deciding on applications by members of the National Assembly or provincial legislature. Signup and view all the answers

What powers do the courts have in constitutional matters?

The courts have the power to declare any law or conduct inconsistent with the Constitution as invalid. They can also make orders that are just and equitable, including limiting the retrospective effect of the declaration of invalidity or suspending the declaration for a period and on any conditions. Signup and view all the answers

What is the role of the National Director of Public Prosecutions (NDPP)?

The role of the NDPP is to head the prosecuting authority and to institute and conduct criminal proceedings on behalf of the state. Signup and view all the answers

What powers does the prosecuting authority have?

The prosecuting authority has the power to institute criminal proceedings and to issue policy directives that must be observed in the prosecution process. Signup and view all the answers

What factors must prosecutors consider when deciding whether or not to institute criminal proceedings?

Prosecutors must assess whether there is sufficient and admissible evidence to provide a reasonable prospect of a successful prosecution. Signup and view all the answers

Who has final responsibility over the prosecuting authority?

The cabinet member responsible for the administration of justice has final responsibility over the prosecuting authority. Signup and view all the answers

According to section 177(1)(a) of the Constitution, under what circumstances can a judge be removed from office?

If the Judicial Service Commission finds that the judge suffers from an incapacity, is grossly incompetent, or is guilty of gross misconduct. Signup and view all the answers

What is the consequence of the Judicial Service Commission finding that a judge has committed gross misconduct?

The judge must be referred to Parliament to be subjected to a motion to impeach him. Signup and view all the answers

What is the role of the National Assembly in the removal of a judge?

The National Assembly must adopt a resolution calling for the judge to be removed, with a supporting vote of at least two-thirds of its members. Signup and view all the answers

What is the responsibility of the President of the Republic in the removal of a judge?

The President must remove the judge from office upon the adoption of a resolution calling for that judge to be removed. Signup and view all the answers

What is the process for appointing judicial officers in South Africa?

Appropriate men or women who are fit and proper may be appointed as judicial officers. Only South Africans may be appointed as judges of the Constitutional Court. The President appoints the Chief Justice and Deputy Chief Justice after consultation with the Judicial Service Commission (JSC) and the National Assembly (NA). The President appoints the President and Deputy President of the Supreme Court of Appeal (SCA) only after consultation with the JSC. Signup and view all the answers

What factors are considered in the appointment of judicial officers?

The appointment of judicial officers must take into account gender and racial representation. Signup and view all the answers

What are the key themes related to judicial authority in South Africa?

The key themes include the appointment of judicial officers, appointment of acting judges, terms of office and remuneration, removal of judges, the Judicial Service Commission (JSC), the South African National Prosecuting Authority, national legislation, and the administration of justice. Signup and view all the answers

What is the procedure for appointing judges to the Constitutional Court according to section 174(4) of the Constitution?

The Judicial Service Commission (JSC) must provide a list of nominees with three extra names to the President of the Republic after consultation with the Chief Justice and some members of the National Assembly. The President may make appointments from the list and provide reasons for any non-appointment. The JSC must provide a supplement list within which the President will make appointments. Signup and view all the answers

What qualifications must the judges of the Constitutional Court have according to section 174(5) of the Constitution?

At least four members of the Constitutional Court must have been judges. Signup and view all the answers

How are judges of other courts appointed according to section 174(6) of the Constitution?

The President appoints judges of all other courts on the advice of the Judicial Service Commission. Signup and view all the answers

How are other judicial officers appointed according to section 174(7) of the Constitution?

Other judicial officers must be appointed in terms of an Act of Parliament. Signup and view all the answers

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

A non-renewable term of 12 years, or until the age of 70, whichever occurs first. Signup and view all the answers

What does Section 4 of the Judges’ Remuneration and Conditions of Employment Act provide regarding the term of office of a Constitutional Court judge?

If a Constitutional Court judge's 12-year term of office expires or they reach the age of 70 before completing 15 years’ active service, 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. Signup and view all the answers

What does Section 8(a) of the Judges’ Remuneration and Conditions of Employment Act provide regarding the Chief Justice's active service?

If the Chief Justice becomes eligible for discharge from active service, they may, at the request of the President, continue to perform active service as Chief Justice of South Africa for a period determined by the President, which shall not extend beyond the date on which the Chief Justice attains the age of 75 years. Signup and view all the answers

What was the outcome of the case regarding section 8(a) of the Judges’ Remuneration and Conditions of Employment Act?

Section 8(a) of the Act was declared inconsistent with the Constitution and invalid. Signup and view all the answers

What is the composition of the Judicial Service Commission (JSC)?

The JSC is composed of the Chief Justice, President of the Supreme Court of Appeal, one Judge President, Cabinet member responsible for the administration of justice, two practicing advocates, two practicing attorneys, one teacher of law, six persons designated by the National Assembly, four permanent delegates of the NCOP, four persons designated by the President, judge President of a specific High Court, and the Premier of the province. Signup and view all the answers

What powers and functions does the Judicial Service Commission (JSC) have?

The JSC exercises powers and functions in terms of the Constitution and national legislation. It may also provide advice to the national government on matters related to the administration of justice. However, when dealing with matters not related to the appointment of judges, the JSC must sit without members of the National Assembly and NCOP. Signup and view all the answers

Who serves on behalf of the Chief Justice and President of the Supreme Court of Appeal in their absence on the Judicial Service Commission (JSC)?

The Deputy Chief Justice and Deputy President of the Supreme Court of Appeal serve on behalf of the Chief Justice and President of the Supreme Court of Appeal in their absence on the JSC. Signup and view all the answers

What is the structure of the National Prosecuting Authority (NPA)?

The NPA consists of the National Director of Public Prosecutions (NDPP), who is the head of the NPA, other Directors of Public Prosecutions (DPP), and prosecutors as determined by an Act of Parliament. It also includes various units such as the National Prosecuting Services, Directorate: Special Operations, Witness Protection Programme, Asset Forfeiture Unit, Sexual Offences and Community Affairs, Specialised Commercial Unit, and Priority Crimes Litigation Unit. Signup and view all the answers