Constitutional Court's Appeal Process
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Questions and Answers

Which court has the power or competence to hear and adjudicate on constitutional matters?

  • High Court
  • Supreme Court of Appeal
  • Constitutional Court (correct)
  • All of the above
  • How many judges are there in the Constitutional Court?

  • 10 (correct)
  • 17
  • 9
  • 1
  • Which court has exclusive jurisdiction in giving effect to an order of invalidity?

  • High Court
  • Supreme Court of Appeal
  • Constitutional Court (correct)
  • None of the above
  • 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 has jurisdiction to decide on applications by members of the National Assembly or at least 20% of the members of the provincial legislature?

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

    Which court has the power to declare any law or conduct that is inconsistent with the Constitution as invalid to the extent of its inconsistency?

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

    Which court has the power to make any order that is just and equitable, including limiting the retrospective effect of the declaration of invalidity?

    <p>Constitutional Court</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

    According to the text, which court is capable of hearing a challenge involving a decision on whether Parliament failed to fulfill a constitutional obligation?

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

    According to the text, who opposed the relief sought by Sonke Gender Justice NPC in the High Court?

    <p>The President, Minister of Justice, and National Commissioner</p> Signup and view all the answers

    According to the text, what triggered the investigation by the Public Protector into the Nkandla project?

    <p>The security upgrades at the President's Nkandla private residence</p> Signup and view all the answers

    According to the text, what is the purpose of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State?

    <p>To investigate corruption and fraud in the public sector</p> Signup and view all the answers

    According to the text, what did the Court order Jacob Gedleyihlekisa Zuma to do?

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

    According to the text, what is the purpose of Section 167(6)(a) of the Constitution?

    <p>To provide direct access to the Constitutional Court</p> Signup and view all the answers

    According to the text, why is the matter self-evidently extraordinary?

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

    According to the text, who 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 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 court(s) have jurisdiction to pronounce on the constitutional validity of laws or conduct of the President?

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

    What does Esau claim in the case against the Cabinet and the Minister of Justice?

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

    Which court has concurrent jurisdiction with the Constitutional Court in respect of direct challenges to the constitutionality of all forms of legislation?

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

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

    <p>To give the Constitutional Court exclusive jurisdiction on certain issues</p> Signup and view all the answers

    Which court has the power to declare any law or conduct that is inconsistent with the Constitution as invalid to the extent of its inconsistency?

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

    Who has the exclusive jurisdiction to decide on the constitutionality of any parliamentary or provincial Bill referred to it by the President or the relevant Premier?

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

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

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

    According to the text, 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

    Which court is capable of granting a temporary interdict or other temporary relief to a party, pending a decision of the Constitutional Court on the validity of an Act or conduct?

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

    According to the text, what is the purpose of Section 34 of the Constitution?

    <p>To guarantee the right to access courts in constitutional matters</p> Signup and view all the answers

    Which court has the power to declare that any law or conduct that is inconsistent with the Constitution is invalid to the extent of its inconsistency?

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

    According to the text, which court has the power to make any order that is just and equitable, including limiting the retrospective effect of the declaration of invalidity?

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

    According to the text, which court is capable of hearing a challenge involving a decision on whether Parliament failed to fulfill a constitutional obligation?

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

    According to the text, which court has jurisdiction to pronounce on the constitutional validity of laws or conduct of the President?

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

    According to the text, which court has the power to declare any law or conduct that is inconsistent with the Constitution as invalid to the extent of its inconsistency?

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

    According to the text, which court has exclusive jurisdiction in giving effect to an order of invalidity?

    <p>The National Assembly</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 court has the power to declare any law or conduct that is inconsistent with the Constitution as invalid to the extent of its inconsistency?

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

    According to the text, who opposed the relief sought by Sonke Gender Justice NPC in the High Court?

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

    According to the text, why is the matter self-evidently extraordinary?

    <p>Because it involves failure by Parliament to fulfill its constitutional obligation</p> Signup and view all the answers

    According to the text, how many judges must hear a matter in the Constitutional Court?

    <p>8</p> Signup and view all the answers

    Which court can decide on direct challenges to the constitutionality of all forms of legislation?

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

    What does the term 'constitutional jurisdiction' refer to?

    <p>The power of a court to hear and adjudicate legal disputes</p> Signup and view all the answers

    According to the text, which court has jurisdiction to decide on the constitutionality of any parliamentary or provincial Bill referred to it by the President or the relevant Premier?

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

    According to the text, which court has the jurisdiction to certify a provincial constitution in terms of section 144?

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

    According to the text, which court is the court of final instance in non-constitutional matters?

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

    According to the text, which court has the power to decide on constitutional matters in terms of section 167(6)?

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

    According to the text, which section of the Constitution guarantees the right to access courts with regard to constitutional matters?

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

    According to the text, who did not appear before the Commission of Inquiry on the dates determined by the Commission?

    <p>Jacob Gedleyihlekisa Zuma</p> Signup and view all the answers

    According to the text, which court has the authority and legitimacy that has been subjected to attacks by Mr Zuma?

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

    According to the text, what is the purpose of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State?

    <p>To investigate allegations of state capture, corruption, and fraud</p> Signup and view all the answers

    According to the text, which court has the power to declare any law or conduct that is inconsistent with the Constitution as invalid to the extent of its inconsistency?

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

    According to the text, which court has jurisdiction to decide on applications by members of the National Assembly or at least 20% of the members of the provincial legislature?

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

    According to the text, 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 court has the power to declare any law or conduct that is inconsistent with the Constitution as invalid to the extent of its inconsistency?

    <p>The Constitutional Court</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

    According to the text, which court is capable of hearing a challenge involving a decision on whether Parliament failed to fulfill a constitutional obligation?

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

    According to the text, who 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

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