Constitutionality Quiz

What is the process for appointing judges in South Africa?

The President appoints Chief Justice and Deputy Chief Justice after consultation with JSC and NA while President appoints President and Deputy President of the SCA only after consultation with the JSC.

What factors should be taken into account when appointing judicial officers?

The appointment of judicial officers must take into account gender and racial representation.

Who can be appointed as judges of the Constitutional Court in South Africa?

Only South Africans may be appointed as judges of the Constitutional Court.

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 role of the National Director of Public Prosecutions (NDPP) in the prosecuting authority?

The National Director of Public Prosecutions is the head of the prosecuting authority and is responsible for instituting and conducting criminal proceedings on behalf of the state. Signup and view all the answers

What power does the prosecuting authority have in relation to criminal proceedings?

The prosecuting authority has the power to institute criminal proceedings. Signup and view all the answers

What must be observed in the prosecution process according to the National Director of Public Prosecutions (NDPP)?

The NDPP must determine what must be observed in the prosecution process with the concurrence of the Cabinet member responsible for the administration of justice. Signup and view all the answers

Who exercises final responsibility over the prosecuting authority?

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

According to Section 174(4) of the Constitution, how are other Constitutional Court judges appointed?

Other Constitutional Court judges are appointed by the President of the Republic after consultation with the Chief Justice and some members of the National Assembly. Signup and view all the answers

What is the procedure for appointing other Constitutional Court judges?

The Judicial Service Commission (JSC) must provide a list of nominees to the President, with three additional names. The President may then make appointments from the list and provide reasons for any non-appointment. The JSC must also provide a supplementary list from which the President can make appointments. Signup and view all the answers

What are the requirements for the appointment of judges to the Constitutional Court?

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

Who appoints judges of all other courts?

The President appoints judges of all other courts on the advice of the JSC. 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, unless an Act of Parliament extends the term of office. Signup and view all the answers

What does Section 4 of the Judges' Remuneration and Conditions of Employment Act state 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, whichever is sooner. Signup and view all the answers

According to Section 8(a) of the Act, under what circumstances can a Chief Justice continue to perform active service beyond their eligibility for discharge?

At the request of the President, a Chief Justice who becomes eligible for discharge from active service may continue to perform active service until they attain the age of 75. Signup and view all the answers

What was the declaration made 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

According to Section 178(1) of the Constitution, who are the members of the Judicial Service Commission?

The members of the Judicial Service Commission include 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 is the role of the Judicial Service Commission in relation to appointments and removals?

The Judicial Service Commission is responsible for appointing and removing judges. They also provide advice to the national government on matters related to the administration of justice and the judiciary. 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?

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

What is the composition of the National Prosecution Authority?

The National Prosecution Authority consists of the National Director of Public Prosecutions (NDPP), who is the head of the NPA, Directors of Public Prosecutions (DPP), and prosecutors as determined by an Act of Parliament. The NPA 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