Questions and Answers
Which of the following correctly describes the application of the right against unfair discrimination?
What is the main obligation under section 26(2) related to housing?
Which statement is true regarding private hospitals and section 27(2)?
What does indirect application imply in the context of court interpretation of the law?
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When interpreting legislation under section 39(2), what must courts promote?
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What aspect differentiates juristic persons from natural persons in the context of rights application?
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What is required of a court when interpreting legislation in relation to the Bill of Rights?
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In what scenario must a court prefer one interpretation of legislation over another?
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What must be the focus when interpreting legislation to ensure it aligns with constitutional values?
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What does Section 39(2) emphasize regarding the Constitution and legislative interpretation?
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What was the constitutional challenge addressed in Daniels v Campbell NO?
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What is a key aspect of the Bill of Rights in the context of legislative interpretation?
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What does the Constitutional Court imply about the interpretation of 'survivor' and 'spouse' in relation to a monogamous Muslim marriage?
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What is a key difference between legislation and common law as mentioned in the content?
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Why is the indirect application of the Constitution preferred over direct application?
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In what situation might direct application of the Constitution be considered necessary?
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What guideline did the Constitutional Court specify regarding the development of common law?
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Why might courts be cautious about pronouncing on the meaning of the Constitution?
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Which statement accurately describes the relationship between a gymnasium and public functions in terms of legislation?
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What two factors are critical in determining whether a juristic person is protected by a fundamental right?
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In which circumstance can a juristic person like Noseweek approach a competent court?
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What is the comprehensive significance of section 9(4) in regard to discrimination?
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How did the court emphasize the recognition of fundamental rights in the case of juristic persons?
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Which fundamental right cannot be afforded to juristic persons according to the content provided?
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What is the main theme of section 8(4) regarding juristic persons?
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Study Notes
Rights Against Unfair Discrimination
- Right not to be unfairly discriminated applies to both natural and juristic persons.
- Section 9(4) explicitly prohibits unfair discrimination by any person.
Right to Housing
- Section 26(2) emphasizes the right to housing, focusing on state obligations.
- Unlikely for private entities to be held responsible under this specific section.
Emergency Medical Treatment
- Private hospitals must comply with Section 27(3) regarding the provision of emergency medical treatment.
- Indirect application means using ordinary law interpreted in light of constitutional values instead of invalidating it.
Indirect Application of the Constitution
- Two main types of indirect application are outlined in Section 39(2):
- Interpretation of Legislation: Courts must interpret laws to align with the Bill of Rights, preferring interpretations that maintain constitutional values.
- Development of Common Law: Courts can adapt common law in line with constitutional values, with significant flexibility compared to legislation.
Principle of Avoidance
- Indirect application is preferred to prevent unnecessary constitutional declarations, allowing the legislature room for reform.
- Direct application is warranted in clear constitutional violations without alternative remedies.
Legislative Interpretation
- Courts must follow an interpretation that aligns with constitutional standards if an alternative avoids unconstitutionality.
- Relevant provisions must align with the Constitution rather than altering the Constitution to fit the legislation.
Juristic Persons and Rights
- Juristic persons can have rights under the Bill of Rights, but this depends on the nature of the right and the juristic entity.
- Section 8(4) establishes protections for juristic persons.
- For rights recognition, courts consider the specific rights involved and the nature of juristic entities, such as companies. Some rights, like the right to life, are exclusive to human beings, limiting juristic persons' protection.
Court Cases Example
- In Daniels v Campbell NO (2004), the Constitutional Court ruled on benefits for surviving spouses, affecting how "spouse" is interpreted under South African law. Interpretations must align with constitutional principles.
- Ex Parte Chairperson of the Constitutional Assembly (1996) underscored the necessity for fundamental rights recognition for juristic persons.
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Description
This quiz explores the right not to be unfairly discriminated against, focusing on its application to both natural and juristic persons. Additionally, it touches on the right to housing, specifically addressing the duties outlined in section 26(2). Test your knowledge on these fundamental rights and duties.
