Provincial Ordinances (1961

Play an AI-generated podcast conversation about this lesson

Which Act initially referred to the Constitution of the Republic of South Africa as Act 108 of 1996?

The Constitutional Court Certification Act

The Republic of South Africa Constitution Act 108 of 1996 (correct)

The Constitutional Assembly Act 1996

The Citation of Constitutional Laws Act 5 of 2005

What must be done with any law or conduct inconsistent with the Constitution according to section 2?

It must be fulfilled (correct)

It must be reviewed every year

It must be ignored

It must be amended by Parliament

How is the Constitution described in the text?

An outdated legislative document

The highest law in the land (correct)

A newly drafted statute

A temporary government guideline

Who drafted the Constitution according to the text?

The Constitutional Assembly Signup and view all the answers

What is the significance of the Citation of Constitutional Laws Act 5 of 2005 mentioned in the text?

It removed any Act number associated with the Constitution Signup and view all the answers

What is one role granted to courts concerning legislation and government action according to the text?

Testing all legislation and government action in light of the Constitution Signup and view all the answers

What type of legislation do provincial ordinances represent?

Original legislation Signup and view all the answers

Which provincial councils were empowered to enact ordinances according to the Provincial Government Act 32 of 1961?

Transvaal, Orange Free State, Natal, and Cape Province Signup and view all the answers

Which of the following fell outside the legislative competence of the former homelands' legislative assemblies?

Defence and foreign affairs Signup and view all the answers

What did the repealed Self-governing Territories Constitution Act of 1971 grant to the self-governing territories?

Complete legislative capacity Signup and view all the answers

In what geographical areas do provincial ordinances typically apply?

'Old' geographical areas of former provinces Signup and view all the answers

What category of legislation could be altered by provincial ordinances?

Common law Signup and view all the answers

Which legislation was enacted to give effect to specific and express legislative measures required by the Constitution?

Promotion of Access to Information Act Signup and view all the answers

In which section of the Promotion of Access to Information Act is it stated that the Act prevails over any provision of other legislation prohibiting or restricting disclosure?

Section 5 Signup and view all the answers

Which Act prevails over any other law dealing with higher education, as specified in its section 70?

Higher Education Act 101 of 1997 Signup and view all the answers

Which provision in the Promotion of Access to Information Act states that it prevails over any other law prohibiting or restricting disclosure?

Provision in Section 5 Signup and view all the answers

Which section of the Constitution, when read with item 23(1) of Schedule 6, requires specific and express legislative measures by certain Acts?

Section 9 Signup and view all the answers

'Promotion of Access to Information Act', 'Promotion of Administrative Justice Act', and 'Promotion of Equality and Prevention of Unfair Discrimination Act' are collectively referred to as:

'Constitutional Acts' Signup and view all the answers

What did the Constitutional Court in Arun Property Development (Pty) Ltd v City of Cape Town 2015 (2) SA 584 (CC) para 47 explain about the difference between policy and legislation?

Policy provides a guide for the exercise of public power by executive government, while legislation is binding and has the force of law. Signup and view all the answers

Why does policy exist?

To provide a guide and measure of certainty to the public. Signup and view all the answers

How are internal departmental memos and policy guidelines different from legislation?

They lack the force of law that legislation carries. Signup and view all the answers

In what way can legal texts like commission reports be used in relation to legislation?

They serve as a guide for the interpretation of legislation. Signup and view all the answers

What distinguishes legislation from 'administrative quasi-legislation' according to Baxter (1984: 200)?

'Administrative quasi-legislation' lacks the force of law that legislation carries. Signup and view all the answers

Why are official documents like Green Papers and draft Bills not considered as legislation?

Because they lack the force of law that legislation carries. Signup and view all the answers

What is the purpose of using schedules in legislation?

To handle technical details without clogging up the main body of an Act Signup and view all the answers

In the traditional numbering system used in primary legislation, how is a paragraph indicated?

Lowercase letter in brackets Signup and view all the answers

What happens if a new section needs to be inserted between sections 66 and 67 of an Act?

The new section will be numbered as 66A Signup and view all the answers

Why is a system of numbering necessary in legislation?

To prevent having to renumber the whole Act when inserting a new section Signup and view all the answers

What are Schedules typically used for in Acts?

Handling technical details without cluttering the main body of an Act Signup and view all the answers

In the primary legislation numbering system, how is an item indicated?

Italicised uppercase letters in italicised brackets Signup and view all the answers

Provincial Ordinances (1961–1986)

Choose a study mode

Podcast

Questions and Answers