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Questions and Answers
In class actions, when is the intention to discriminate considered relevant?
In class actions, when is the intention to discriminate considered relevant?
The court will never allow a class action that falls outside the Bill of Rights.
The court will never allow a class action that falls outside the Bill of Rights.
False
What is one requirement for certification of a class action?
What is one requirement for certification of a class action?
Existence of a class identifiable by objective criteria
The applicants claimed standing in the public interest, in the interest of their members, or in their own _____ .
The applicants claimed standing in the public interest, in the interest of their members, or in their own _____ .
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Match the following concepts from the Justice Alliance case with their descriptions:
Match the following concepts from the Justice Alliance case with their descriptions:
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What is NOT a requirement for certification of a class action?
What is NOT a requirement for certification of a class action?
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The court denied the applicants standing based on specific rights in Chapter 2 of the Constitution.
The court denied the applicants standing based on specific rights in Chapter 2 of the Constitution.
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What may be a suitable condition for class action representation?
What may be a suitable condition for class action representation?
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Which case confirmed the legal recognition of Muslim marriages in South Africa?
Which case confirmed the legal recognition of Muslim marriages in South Africa?
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Transformative constitutionalism encourages judges to remain passive in their interpretation of the law.
Transformative constitutionalism encourages judges to remain passive in their interpretation of the law.
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What term describes the judicial principle that rejects parliamentary sovereignty in South Africa?
What term describes the judicial principle that rejects parliamentary sovereignty in South Africa?
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The case of _______ focused on the development of customary law through the lens of common law and the Constitution.
The case of _______ focused on the development of customary law through the lens of common law and the Constitution.
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Match the judicial cases with their main focus:
Match the judicial cases with their main focus:
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What is one function of the judiciary in a democratic country?
What is one function of the judiciary in a democratic country?
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Judicial review allows the courts to test legislative conduct against the Constitution.
Judicial review allows the courts to test legislative conduct against the Constitution.
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In which case was the validity of the Judicial Service Commission's proceedings questioned?
In which case was the validity of the Judicial Service Commission's proceedings questioned?
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What is the principle of reasonable accommodation in regards to religion?
What is the principle of reasonable accommodation in regards to religion?
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The Constitutional Court favors a strict separation of religion and the state.
The Constitutional Court favors a strict separation of religion and the state.
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What was the justification for the refusal of a blood transfusion by the parents in the Hay v B case?
What was the justification for the refusal of a blood transfusion by the parents in the Hay v B case?
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The case of Prince v Cape Law Society addressed the prohibition of the possession of _____, particularly concerning Rastafarians.
The case of Prince v Cape Law Society addressed the prohibition of the possession of _____, particularly concerning Rastafarians.
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Match the following cases with their main focus:
Match the following cases with their main focus:
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In which case was the child’s refusal of a blood transfusion considered unjustifiable?
In which case was the child’s refusal of a blood transfusion considered unjustifiable?
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The Gauteng Act provides a broader framework for regulating religious practices in schools than section 15 of the Constitution.
The Gauteng Act provides a broader framework for regulating religious practices in schools than section 15 of the Constitution.
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The principle where the State must incur hardships to allow all people to participate equally is known as __________.
The principle where the State must incur hardships to allow all people to participate equally is known as __________.
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What is the primary role of the courts concerning the Constitution?
What is the primary role of the courts concerning the Constitution?
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Public opinion should be the decisive factor in constitutional adjudication.
Public opinion should be the decisive factor in constitutional adjudication.
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What rights does section 35 of the Constitution guarantee?
What rights does section 35 of the Constitution guarantee?
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An adult citizen has the right to ______ and stand for public office.
An adult citizen has the right to ______ and stand for public office.
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Match the following groups with their corresponding rights:
Match the following groups with their corresponding rights:
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Which of the following statements is accurate regarding a foetus?
Which of the following statements is accurate regarding a foetus?
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Parliamentary sovereignty is a key principle upheld by the 1993 Constitution.
Parliamentary sovereignty is a key principle upheld by the 1993 Constitution.
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What legal protection is afforded to juristic persons?
What legal protection is afforded to juristic persons?
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Which of the following rights is emphasized as balancing with freedom of speech in South Africa?
Which of the following rights is emphasized as balancing with freedom of speech in South Africa?
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The First Amendment in the US ranks equal to other rights.
The First Amendment in the US ranks equal to other rights.
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What societal condition is the right to freedom of expression essential for?
What societal condition is the right to freedom of expression essential for?
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Prior restraint is seen as a severe infraction of the right to __________.
Prior restraint is seen as a severe infraction of the right to __________.
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Match the court cases with their relevance to freedom of expression:
Match the court cases with their relevance to freedom of expression:
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In South Africa, which case emphasized the importance of the press in promoting democracy?
In South Africa, which case emphasized the importance of the press in promoting democracy?
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The right to freedom of expression can be easily limited within the political sphere in South Africa.
The right to freedom of expression can be easily limited within the political sphere in South Africa.
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What aspect of hate speech was ruled unconstitutional in the case of Qwelane v South African Human Rights Commission?
What aspect of hate speech was ruled unconstitutional in the case of Qwelane v South African Human Rights Commission?
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What constitutes hate speech according to the court's decision?
What constitutes hate speech according to the court's decision?
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The display of the old South African flag is considered acceptable under the Equality Act.
The display of the old South African flag is considered acceptable under the Equality Act.
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What was the situation of the applicant in the Soobramoney case?
What was the situation of the applicant in the Soobramoney case?
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The message conveyed by the gratuitous display of the old flag is based on _____, apartheid, and white supremacy.
The message conveyed by the gratuitous display of the old flag is based on _____, apartheid, and white supremacy.
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Match the following cases with their primary focus:
Match the following cases with their primary focus:
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What was the court's view on the reasonable person's interpretation of Mr. Malema's song?
What was the court's view on the reasonable person's interpretation of Mr. Malema's song?
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The prohibition on hate speech only applies to spoken words.
The prohibition on hate speech only applies to spoken words.
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What emotional and psychological effects do displays of the old flag have on targeted groups?
What emotional and psychological effects do displays of the old flag have on targeted groups?
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Study Notes
PBL 220 Important Cases Exam Summary
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Theme 1: The Judiciary: Constitutional Jurisdiction and the Right to Religion
- Women's Legal Centre Trust (NB): Constitutional Court confirmed the SCA ruling recognizing Muslim marriages, declaring sections of the Marriage Act and Divorce Act unconstitutional. The Constitutional Court's confirmation is necessary for other courts' rulings on constitutionality.
- National Coalition for Gay and Lesbian Equality (NB): Transformative constitutionalism requires judges to actively work toward socio-political change, considering legal history.
- S v Makwanyane (NB): Transformative constitutionalism requires judges to consider the legal history and the need for socio-political transformation when adjudicating cases. It's a form of activism in the adjudication of rights.
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Theme 1: Decolonization and the Judiciary
- Bhe v Khayelitsha Magistrate: Examined customary law through the lens of either common law or the Constitution.
- Shilubana v Nwamitwa: Examined customary law through the lens of either common law or the Constitution. Showed the preservation, upgrade, and removal of relevance of traditional community life.
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Theme 1: Importance of the Judiciary in a Democratic Country
- Pharmaceutical Manufacturers of South Africa: In re: Ex parte President of the Republic of South Africa 2000 (CC): The court rejected the principle of parliamentary sovereignty.
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Theme 4: Standing, Ripeness, and Mootness
- Giant Concerts CC v Rinaldo Investments (SCA, CC): The SCA case involved a municipality's sale of land via private sale instead of public tender, while the CC reexamined the legal standing of the appellant (Giant Concerts CC).
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Other Cases (as organized in the notes)
- Hlophe v Judicial Service Commission and Others: Judicial misconduct review and removal procedures.
- Motata v Minister of Justice and Constitutional Development: Judge removal and Judicial Service Commission role.
- National Director of Public Prosecutions v Zuma (NB): Concerns the prosecution's policy for deciding criminal cases.
- City Council of Pretoria v Walker (NB): Class action considerations, and that intent is not always required for proof of discrimination.
- Children's Rescue Centre Trust v Pioneer Food (Pty) Ltd: Court allowed a class action even if the matter was not about a Bill of Rights issue; also criteria for class actions.
- Justice Alliance of SA v President of the RSA: Constitutional invalidity case, standing to sue in the public interest; several similar court cases here.
- R v Big M Drug Mart Ltd (NB): Factors to consider in determining the purpose, and interpreting language of law.
- S v Makwanyane: Public opinion’s relevance to court inquiry, legal implications.
- President of the RSA v Hugo: Equality as organizing principle of the Constitution.
- Hoffman v South African Airways (NB): Constitutional issue of discrimination and the rights of HIV-positive people in the workplace.
- Khosa and Others v Minister of Social Development: South African citizenship requirements for welfare assistance, rights of permanent residents.
- Christian Education v Minister of Education (BIG NB!): Justifying religious exemptions in a public school environment.
- Hay v B: Case demonstrating the refusal of medical treatment based on religious beliefs.
- Prince v Cape Law Society : A case related to religious conduct and possessions, such as dagga, specifically if it is a religious practice.
- S v Lawrence: The rights provided in the Bill of Rights do not always require a formal claim to execute.
- Organisasie vir GodsdiensteOnderrig en Demokrsie v Laerskool Randhart and Others: School religious ethos and policy, and the use of legislation compared to the Constitution.
- Organisasie vir GodsdiensteOnderrig en Demokrsie v Laerskool Randhart and Others: The legal requirements for religious observances when they are practiced at state institutions.
- Prince v Cape Law : Demonstrates the need to balance freedom of expression and religious freedom.
- S v Lawrence: Detailed analysis of religious freedom aspects – having a belief, expressing it without fear, and practice/teaching.
- *Christian Education v Minister * The right to freedom of belief and practice for religious beliefs in education.
- MEC Education v Pillay: The interplay between the individual's conscience and governing laws.
- Soobramoney (NB):: Applicant’s right to chronic medical treatment.
- Grootboom (NB):: The state’s obligation to provide adequate housing for a group of families.
- TAC (NB):: The issues associated with the right of healthcare and HIV-related restrictions.
- Mazibuko (NB):: The rights of access to water in South Africa case.
- Newspapers Holdings v Suliman: Implications of impacting the private sphere.
- Khumalo v Holomisa: The role of the press in protecting freedom of expression.
- Print Media SA v Minister of Home Affairs: The effects of prior restraints on freedom of expression rights, such as licensing and censorship.
- Qwelane v South African Human Rights Commission: The Constitutional incompatibility of the vague hurtful aspect of "hate speech" regulations.
- De Reuck v Director of Public Prosecutions: The limitations of expression, (such as child pornography), and how this balance can be upheld.
- Laugh It Off Promotions v South African Breweries International: The expression rights protections; and balancing this rights, with other interests.
- Afriforum NPC v Nelson Mandela Foundation Trust and Others: Dispute over use of the old South African flag and concerns of the meaning and message the flag conveys.
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Description
This quiz covers important cases related to constitutional jurisdiction and the right to religion, highlighting significant rulings by the Constitutional Court, including issues surrounding Muslim marriages and LGBTQ+ rights. It also delves into the theme of decolonization and how the judiciary interprets customary law. Test your understanding of these landmark cases and their constitutional implications.
