7 Questions
Which court has jurisdiction to determine an actual or threatened infringement of the rights in the Bill of Rights?
Constitutional Court
Can the evictees go to court to claim that their rights were infringed?
Yes, they can go to court
Is the person or organization which allegedly infringed the evictee's rights bound by the duties imposed by the right?
Yes, they are bound by the duties
Which stage of litigation deals with the scope and content of the right and whether the law or conduct infringes the right?
Substantive stage
Which stage of litigation deals with finding a remedy for the infringement of a right?
Remedy stage
Which stage of litigation deals with the alleged incorrect billing of water usage in a property?
Substantive stage
Which section of the Constitution deals with the limitation of rights?
Section 36
Study Notes
Jurisdiction of Bill of Rights Infringement
- The High Court has jurisdiction to determine an actual or threatened infringement of the rights in the Bill of Rights.
Remedies for Infringement
- Evictees can go to court to claim that their rights were infringed.
Duties Imposed by Rights
- The person or organization which allegedly infringed the evictee's rights is bound by the duties imposed by the right.
Litigation Stages
Determining the Scope and Content of the Right
- The first stage of litigation deals with the scope and content of the right and whether the law or conduct infringes the right.
Finding a Remedy for Infringement
- The second stage of litigation deals with finding a remedy for the infringement of a right.
Specific Litigation Cases
- The stage of litigation dealing with the alleged incorrect billing of water usage in a property is a specific example of a litigation case.
Limitation of Rights
- Section 36 of the Constitution deals with the limitation of rights.
Quiz on the Structure of Litigation Involving Constitutional Rights and Limitations, based on Prof Malan's notes and SA Constitutional Law in Context. This quiz focuses on Case Study 1, which explores the eviction of residents and the City of Johannesburg's obligation to provide temporary alternative accommodation. Test your knowledge on this important aspect of constitutional law.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
