Podcast
Questions and Answers
Which court has jurisdiction to determine an actual or threatened infringement of the rights in the Bill of Rights?
Which court has jurisdiction to determine an actual or threatened infringement of the rights in the Bill of Rights?
- Magistrate Court
- High Court
- Supreme Court
- Constitutional Court (correct)
Can the evictees go to court to claim that their rights were infringed?
Can the evictees go to court to claim that their rights were infringed?
- They can only go to court if they have legal representation
- No, they cannot go to court
- They can only go to court if they provide evidence of infringement
- Yes, they can go to court (correct)
Is the person or organization which allegedly infringed the evictee's rights bound by the duties imposed by the right?
Is the person or organization which allegedly infringed the evictee's rights bound by the duties imposed by the right?
- They are only bound by the duties if they are a government entity
- Yes, they are bound by the duties (correct)
- No, they are not bound by the duties
- They are only bound by the duties if they have signed a contract
Which stage of litigation deals with the scope and content of the right and whether the law or conduct infringes the right?
Which stage of litigation deals with the scope and content of the right and whether the law or conduct infringes the right?
Which stage of litigation deals with finding a remedy for the infringement of a right?
Which stage of litigation deals with finding a remedy for the infringement of a right?
Which stage of litigation deals with the alleged incorrect billing of water usage in a property?
Which stage of litigation deals with the alleged incorrect billing of water usage in a property?
Which section of the Constitution deals with the limitation of rights?
Which section of the Constitution deals with the limitation of rights?
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.
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Description
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.
