High Court of South Africa's Jurisdiction in Constitutional Matters
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Questions and Answers

Name three courts established in the Constitution of South Africa.

Constitutional Court, Supreme Court of Appeal, High Court of South Africa

How many judges are there in the Constitutional Court?

11

What determines the number of judges in the Supreme Court of Appeal?

An act of parliament

What is jurisdiction?

<p>Whether a court has the competence to hear a particular matter</p> Signup and view all the answers

Name two types of jurisdiction.

<p>Exclusive Jurisdiction, Concurrent Jurisdiction</p> Signup and view all the answers

What is the exclusive jurisdiction of the Constitutional Court?

<p>Confirm the invalidity of an Act of Parliament, Decide on the amendment of the constitution, Decide that Parliament or the President has failed to fulfil a constitutional obligation, Decide on the Constitutionality of any Parliamentary or Provincial Bill</p> Signup and view all the answers

Name a case that involved the Constitutional Court's exclusive jurisdiction.

<p>Doctors for Life v Speaker of the National Assembly and Others</p> Signup and view all the answers

What are the powers of the Commission for Gender Equality?

<p>The powers of the Commission for Gender Equality include monitoring, investigating, researching, educating, lobbying, advising, and reporting on issues concerning gender equality.</p> Signup and view all the answers

What is the function of the Public Protector?

<p>The function of the Public Protector is to investigate conduct in any state affairs or public administration that is alleged or suspected to be improper or prejudicial, and to report on that conduct and take appropriate remedial action.</p> Signup and view all the answers

What are the additional powers of the Public Protector?

<p>The additional powers of the Public Protector are prescribed by national legislation.</p> Signup and view all the answers

What are the limits on the Public Protector's investigative powers?

<p>The Public Protector may not investigate court decisions.</p> Signup and view all the answers

What is the tenure of the Public Protector?

<p>The Public Protector is appointed for a non-renewable term of seven years.</p> Signup and view all the answers

Are the findings of the Public Protector binding?

<p>The findings of the Public Protector are often (but not always) binding.</p> Signup and view all the answers

What determines whether the remedial action of the Public Protector is binding?

<p>The phrasing of the remedial action determines whether it is binding or not. If it is phrased as a recommendation, it will most likely not be binding. If it is phrased as an instruction, it will likely be binding.</p> Signup and view all the answers

What are the consequences of ignoring binding remedial action?

<p>Ignoring binding remedial action can lead to legal consequences.</p> Signup and view all the answers

Who can pursue remedial action once the Public Protector has found maladministration?

<p>The Public Protector can pursue remedial action once maladministration has been found.</p> Signup and view all the answers

What is transformative constitutionalism?

<p>Transformative constitutionalism is a way of interpreting the constitution and its role in society that focuses on achieving substantive equality and justice, empowering marginalized segments of society, and enforcing social and political change.</p> Signup and view all the answers

According to Tibet and Fombad, what are the key elements of transformative constitutionalism?

<p>According to Tibet and Fombad, transformative constitutionalism is characterized by activism in the adjudication of rights, requiring judges to act as guardians of the socio-political transformation project through the law, and interpreting the constitution as focused on achieving substantive equality and justice.</p> Signup and view all the answers

How does transformative constitutionalism aim to empower segments of South African society?

<p>Transformative constitutionalism aims to empower segments of South African society by protecting socio-economic rights and other rights in the constitution, focusing less on procedure and technicalities, and realizing substantive rights in the Bill of Rights.</p> Signup and view all the answers

What criticisms are associated with the approach of transformative constitutionalism?

<p>Criticisms of transformative constitutionalism include the argument that it obscures the political nature of the law, maintains inequality from South Africa's exclusionary past in different ways, limits civil liberties and rights, and puts more power on the state to be coercive and oppressive.</p> Signup and view all the answers

What is the role of judicial authority in the context of transformative constitutionalism?

<p>In the context of transformative constitutionalism, judicial authority refers to the power entrusted to the courts for legal adjudication and enforcing the law, while being separate from the other arms of government responsible for governance.</p> Signup and view all the answers

How does transformative constitutionalism view the constitution and the law?

<p>Transformative constitutionalism views the constitution and the law as means to enforce social and political change in South Africa.</p> Signup and view all the answers

What is the purpose of the separation of powers in relation to judicial authority?

<p>The purpose of the separation of powers is to ensure that the government's authority over the courts, specifically judicial authority, remains independent and impartial in legal adjudication.</p> Signup and view all the answers

What jurisdiction does the High Court of South Africa have?

<p>The High Court of South Africa has the jurisdiction to decide any Constitutional matter except a matter that the Constitutional Court has granted direct access to and a matter that an Act of Parliament assigns to another court of similar status.</p> Signup and view all the answers

What is the governing source for the jurisdiction of Magistrate's courts?

<p>The Magistrate's Court Act 32 of 1944 is currently the governing source for the jurisdiction of Magistrate's courts.</p> Signup and view all the answers

What are the Chapter 9 Institutions created by the Constitution?

<p>The Chapter 9 Institutions created by the Constitution are: The Public Protector, The Auditor General, The Commission for Gender Equality, The South African Human Rights Commission, The Commission for the Promotion and Protection of the Rights of Cultural Religious and Linguistic Communities, The Electoral Commission.</p> Signup and view all the answers

What is the role of the South African Human Rights Commission?

<p>The role of the South African Human Rights Commission is to promote a respect for human rights and a culture of human rights, promote the protection, development, and attainment of human rights, monitor and assess the observance of human rights in the republic, investigate and report on the observance of human rights, take steps to secure appropriate redress where human rights have been violated, carry out research, and educate.</p> Signup and view all the answers

What is the function of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities?

<p>The function of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities is to promote respect for the rights of cultural, religious and linguistic communities, and promote peace, friendship, humanity, tolerance, and national unity among cultural, religious and religious communities.</p> Signup and view all the answers

What are the grounds for removing a judge from office?

<p>A judge can be removed from office if the Judicial Service Commission finds that the judge suffers from an incapacity, gross incompetence, or gross misconduct, and the National Assembly calls for that judge to be removed by a resolution adopted with a supporting vote of two-thirds of its members.</p> Signup and view all the answers

What is the role of the National Prosecuting Authority?

<p>The National Prosecuting Authority has the power to institute criminal proceedings on behalf of the state.</p> Signup and view all the answers

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