49 Questions
What are the Chapter 9 Institutions designed to support and strengthen?
Constitutional Democracy.
What are the primary roles of Chapter 9 Institutions?
Contributing to accountable government/monitoring the government and transforming South Africa into a society in which social justice prevails.
What is the nature of Chapter 9 Institutions as per the text?
They are independent and impartial bodies, established to safeguard and promote democracy.
Do Chapter 9 Institutions have the power to review and set aside legislation or the actions of the executive?
No, only the courts have that power; hence, Chapter 9 Institutions are non-judicial.
Which South African institution is responsible for promoting respect for human rights and monitoring their observance?
South African Human Rights Commission
What are the functions of the Commission for Gender Equality in South Africa?
Promoting respect for gender equality and monitoring gender equality issues
What powers does the Commission for Gender Equality have?
Investigating, researching, educating, and advising on gender equality
Under which section of the Constitution was the Commission for the Promotion and Protection of the Rights of Cultural and Linguistic Communities established?
Section 185
What are the functions of the Commission for the Promotion and Protection of the Rights of Cultural and Linguistic Communities?
Promoting respect for the rights of cultural, religious, and linguistic communities
What powers does the Electoral Commission have?
Managing elections and ensuring they are free and fair
What is the role of the Public Protector in South Africa?
Investigates alleged improper conduct in state affairs and can lead to binding remedial action based on their findings
How are appointments to these South African institutions made?
By the President on recommendation from the national assembly
For what reasons can members of these institutions be removed?
Misconduct, incapacity, incompetence, or by a resolution adopted by the national assembly
What kind of violations can the South African Human Rights Commission investigate and report on?
Human rights violations
What is the main responsibility of the Electoral Commission in South Africa?
Managing elections and ensuring they are free and fair
Under which section of the Constitution was the Public Protector established?
Section 182
What are socio-economic rights in South Africa's Constitutional regime?
Socio-economic rights are justiciable rights contained in the Bill of Rights and are important for the progressive realization of rights such as dignity, environment, life, and equality.
What does Section 38 of the Constitution provide for?
Section 38 provides for the enforcement of rights and states that anyone with standing may approach a competent court for appropriate relief, including a declaration of rights.
What does a 'competent court' refer to?
A 'competent court' refers to a court that has the requisite jurisdiction to decide on the matter and grant the relief sought after.
What additional mechanisms were offered by the Constitution in 2012?
National legislation or the rules of the Constitutional Court must allow a person, in the interests of justice and with leave of the court, to bring a matter directly to the Constitutional court (Direct Access) or appeal directly to the Constitutional court from any other court (Direct Appeal).
What is a Confirmation of Constitutional invalidity?
A Confirmation of Constitutional invalidity is a form of appropriate relief granted by the court, usually the last resort, to address the inconsistency of a law with the constitution.
What does Section 172(1) of the Constitution provide for?
Section 172(1) allows for severance, enabling the court to remove parts of a law that are inconsistent with the constitution to the extent that it is grammatically possible and still gives effect to the objects of the legislation.
How are courts empowered to make orders that are just and equitable?
Courts are empowered to make orders that are just and equitable, including limiting the retrospective effect of the declaration of invalidity and suspending the declaration of invalidity for any period and any conditions to allow the competent authority to correct the defect.
What is 'Reading-in' in the context of Constitutional law?
Reading-in is where the court adds words to a certain provision to make it constitutionally permissible as opposed to striking down the provision in its entirety.
Why are Reading-in and Severance considered preferable approaches?
Reading-in and Severance are preferable to striking down a provision entirely because doing so would interfere with the separation of powers.
Which courts can make an order of Constitutional invalidity?
In terms of section 172(2)(a), the High Court, the Supreme Court of Appeal (or a court of similar status) can make an order of Constitutional invalidity.
When does an order of Constitutional invalidity lack force?
An order of Constitutional invalidity lacks force until the Constitutional Court has confirmed that invalidity.
What is the significance of socio-economic rights in South Africa's Constitutional regime?
Socio-economic rights are important for the progressive realization of rights and are interrelated with other rights within the Constitution, such as dignity, environment, life, and equality.
What does Section 15 of the South African Constitution not establish the country as?
a secular state
What must religious observances at state institutions follow and be?
rules and voluntary
Can legislation recognize marriages and family law from different traditions or religions in South Africa?
Yes
How is the right to religious observance interrelated with other rights in the Constitution?
interrelated
What does the notion of reasonable accommodation allow for in relation to religious beliefs?
positive measures to accommodate
Why is corporal punishment prohibited in South Africa?
to protect other interests in the bill of rights
What must schools ensure for all students in relation to their right to religion?
equal exercise of their right to religion
What does the constitutional right to freedom of expression include?
freedom of press and media
What is limited in terms of advocacy as per the South African Constitution?
advocacy of hatred based on race, ethnicity, gender, or religion
What privilege do members of parliament have in parliamentary proceedings?
absolute privilege
What obligations does the state have in relation to socio-economic rights?
positive and negative obligations to respect, protect, promote, and fulfill
What value does socio-economic rights litigation have, as seen in the case of access to water in Mazibuko v City of Johannesburg?
value
What does section 38 of the Constitution regulate?
Standing
Who are Amicus Curiae and what is their role in court proceedings?
Friends of the court who assist with information or arguments
What is the focus of ripeness in constitutional law?
The timing of a matter when brought to court, requiring an actual dispute and exhaustion of internal remedies
What does mootness refer to in constitutional law?
The redundancy in bringing a matter to court if it could be solved without court intervention or if there would be no practical effect of the court's decision
How many stages does constitutional litigation consist of, and what do they determine?
Three stages: procedural, substantive, and remedy, determining who can go to court, the scope of rights, and the court's ability to remedy infringements
What does the right to equality encompass?
Formal equality, restitutionary or corrective equality, and substantive equality
Which sections of the constitution are paramount in establishing equality and prohibiting unfair discrimination?
Section 9(1), 9(2), and 9(3)
What does the test for unfair discrimination involve?
A two-stage analysis: determining if discrimination occurred and then assessing whether it is unfair
Which rights are guaranteed by section 15 of the Constitution?
The right to freedom of religion, conscience, thought, belief, and opinion
Study Notes
Constitutional Law Key Concepts
- Standing is regulated under section 38 of the Constitution, allowing individuals to approach the court if their rights in the Bill of Rights are infringed.
- The person approaching the court must demonstrate their interest in the matter, acting on their own behalf, on behalf of others, in the public interest, or as part of a group or class action.
- Amicus Curiae are friends of the court, not parties to the proceedings, who assist the court with information or arguments.
- Ripeness in constitutional law focuses on the timing of a matter when it is brought to court, requiring an actual dispute and exhaustion of internal remedies for cases involving the same organization.
- Mootness refers to the redundancy in bringing a matter to court if it could be solved without court intervention or if there would be no practical effect of the court's decision.
- Constitutional litigation consists of three stages: procedural, substantive, and remedy, determining who can go to court, the scope of rights, and the court's ability to remedy infringements.
- The right to equality encompasses formal equality, restitutionary or corrective equality, and substantive equality, with direct and indirect discrimination being important distinctions.
- Section 9(1), 9(2), and 9(3) of the constitution are paramount, establishing formal equality, promoting substantive equality, and prohibiting unfair discrimination.
- The test for unfair discrimination involves a two-stage analysis: determining if discrimination occurred and then assessing whether it is unfair.
- Section 15 of the Constitution guarantees everyone the right to freedom of religion, conscience, thought, belief, and opinion.
Test your knowledge of key concepts in constitutional law with this quiz. Explore topics such as standing, ripeness, mootness, equality, and freedom of religion guaranteed under specific sections of the constitution. Delve into the stages of constitutional litigation and the nuances of unfair discrimination.
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