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Modes of Enforcement
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Modes of Enforcement

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Questions and Answers

Which court is considered the court of first and final instance in cases of alleged infringement of rights?

  • District Court
  • Supreme Court of Appeal
  • Constitutional Court (correct)
  • High Court
  • Under what circumstances can a person bring a matter directly to the Constitutional Court?

  • When it is in the interest of justice and with leave of the Constitutional Court (correct)
  • When it is in the interest of justice and with leave of the District Court
  • When it is in the interest of justice and with leave of the Supreme Court of Appeal
  • When it is in the interest of justice and with leave of the High Court
  • Which court can a person appeal directly to the Constitutional Court from?

  • Supreme Court of Appeal (correct)
  • Magistrate's Court
  • District Court
  • High Court
  • Which court has jurisdiction over all constitutional matters except those falling within the exclusive jurisdiction of the Constitutional Court?

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

    According to section 172(1), what can a court do when deciding a constitutional matter within its power?

    <p>Both A and B</p> Signup and view all the answers

    When is severance appropriate for declaring a provision invalid?

    <p>Both A and B</p> Signup and view all the answers

    What is the purpose of reading in a provision instead of declaring it invalid?

    <p>To uphold the separation of powers</p> Signup and view all the answers

    Which court case restrictively interpreted a provision in order to conform with the Constitution?

    <p>Minister of Home Affairs and Another v Fourie and Another</p> Signup and view all the answers

    Which section of the Magistrates’ Court Act was discussed in the Jaftha v Schoeman case?

    <p>Section 66(1)(a)</p> Signup and view all the answers

    Which case introduced the concept of constitutional damages?

    <p>Fose v Minister of Safety and Security 1997 (3) SA 786; 1997 (7) BCLR 851 (CC)</p> Signup and view all the answers

    Which section allows the court to limit the effect of retrospectivity?

    <p>Section 172(1)(b)</p> Signup and view all the answers

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