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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?
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?
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?
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?
Which court has jurisdiction over all constitutional matters except those falling within the exclusive jurisdiction of the Constitutional Court?
According to section 172(1), what can a court do when deciding a constitutional matter within its power?
According to section 172(1), what can a court do when deciding a constitutional matter within its power?
When is severance appropriate for declaring a provision invalid?
When is severance appropriate for declaring a provision invalid?
What is the purpose of reading in a provision instead of declaring it invalid?
What is the purpose of reading in a provision instead of declaring it invalid?
Which court case restrictively interpreted a provision in order to conform with the Constitution?
Which court case restrictively interpreted a provision in order to conform with the Constitution?
Which section of the Magistrates’ Court Act was discussed in the Jaftha v Schoeman case?
Which section of the Magistrates’ Court Act was discussed in the Jaftha v Schoeman case?
Which case introduced the concept of constitutional damages?
Which case introduced the concept of constitutional damages?
Which section allows the court to limit the effect of retrospectivity?
Which section allows the court to limit the effect of retrospectivity?
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