South African Constitution Quiz

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Questions and Answers

There may occasionally be minor ______ in these notes.

mistakes

The removal of a person from office requires a resolution calling for that person's ______.

removal

A two-thirds majority is required for the ______ General or Public Protector.

Auditor

The Life Esidimeni Tragedy involved relocating patients to ______ funded facilities.

<p>lesser</p> Signup and view all the answers

The Constitution establishes that South Africa is founded on constitutional ______.

<p>supremacy</p> Signup and view all the answers

Law or conduct inconsistent with the Constitution is deemed ______.

<p>invalid</p> Signup and view all the answers

A person may be suspended from office after the start of proceedings by a committee of the National ______.

<p>Assembly</p> Signup and view all the answers

Judicial transformation considers how ______ affects the judiciary.

<p>decolonization</p> Signup and view all the answers

A Constitutional Court judge must continue in office until the completion of ______ years active service.

<p>15</p> Signup and view all the answers

A Chief Justice may continue to perform active service until the age of ______ years.

<p>75</p> Signup and view all the answers

Section 4 of the Judges Remuneration and Conditions of Employment Act focuses on judges reaching the age of ______ years.

<p>70</p> Signup and view all the answers

The determination of this case primarily depends on section ______ of the Constitution.

<p>176(1)</p> Signup and view all the answers

Section 8(a) allows a Chief Justice to continue service at the request of the ______.

<p>President</p> Signup and view all the answers

The concept of ______ is one of the constitutional imperatives mentioned in the document.

<p>Judicial Independence</p> Signup and view all the answers

The central issue revolves around the consistency of section 8(a) with section ______ of the Constitution.

<p>176(1)</p> Signup and view all the answers

Judicial tenures are addressed under the Judges Remuneration and Conditions of Employment ______.

<p>Act</p> Signup and view all the answers

The cabinet member responsible for the administration of ______ must exercise final responsibility over the prosecuting authority.

<p>justice</p> Signup and view all the answers

All other matters must be determined by ______ legislation.

<p>national</p> Signup and view all the answers

The National Director of Public Prosecutions (NDPP) has powers to institute and conduct criminal ______ on behalf of the State.

<p>proceedings</p> Signup and view all the answers

There must be sufficient and admissible evidence to provide a reasonable prospect of a successful ______.

<p>prosecution</p> Signup and view all the answers

The prosecution should not be commenced with or continued if there is no reasonable prospect of a ______.

<p>conviction</p> Signup and view all the answers

National legislation must provide for the training of ______.

<p>judges</p> Signup and view all the answers

Procedures for dealing with ______ must be outlined in national legislation.

<p>complaints</p> Signup and view all the answers

Participation of other people, except for judicial ______, in court decisions is mandated by national legislation.

<p>officers</p> Signup and view all the answers

The public protector may not investigate ______ decisions.

<p>court</p> Signup and view all the answers

The tenure of the Public Protector is ______ years.

<p>7</p> Signup and view all the answers

Reports of the Public Protector must be open to the public unless determined by national ______.

<p>legislation</p> Signup and view all the answers

The Public Protector performs an important role within the public administration and government of ______.

<p>South Africa</p> Signup and view all the answers

The office of the Public Protector evolved from the earlier role known as ______.

<p>ombudsman</p> Signup and view all the answers

The report in June 2024 focused on gender-based violence and the responsiveness of the ______ justice system.

<p>criminal</p> Signup and view all the answers

The ability of the justice system to serve and support women who seek ______ services is a priority.

<p>justice</p> Signup and view all the answers

These notes are provided as an independent service and are not sold for ______.

<p>profit</p> Signup and view all the answers

The Constitutional Court’s jurisdiction can be divided into ______ and Exclusive Jurisdiction.

<p>Concurrent</p> Signup and view all the answers

Any challenge to the constitutionality of legislation must first be lodged in the ______.

<p>High Court</p> Signup and view all the answers

The Constitutional Court must confirm an order of ______ declared by the High Court or SCA before it gains any force.

<p>invalidity</p> Signup and view all the answers

The Constitutional Court decides disputes concerning the constitutional status, powers, or functions of any organs of ______.

<p>State</p> Signup and view all the answers

The Constitutional Court has exclusive jurisdiction to decide on the constitutionality of any parliamentary or provincial Bill referred to it by the ______.

<p>President</p> Signup and view all the answers

Applications by members of the National Assembly must be made when ______ of the members of the provincial legislature are involved.

<p>at least 20%</p> Signup and view all the answers

The reasons for Exclusive Jurisdiction include avoiding tension with other arms of ______.

<p>government</p> Signup and view all the answers

Exclusive Jurisdiction reflects the Constitutional Court’s special status as guardian of the ______.

<p>Constitution</p> Signup and view all the answers

Esau calls for a declaration that the failure is inconsistent with the ______.

<p>Constitution</p> Signup and view all the answers

The Matrimonial Property Act is referred to by its act number ______ of 1984.

<p>88</p> Signup and view all the answers

The Court may rule on state obligations, but its decision must be confirmed by the ______ Court.

<p>Constitutional</p> Signup and view all the answers

Section 172(2)(a) holds that the failure to fulfil constitutional obligations by the State includes the ______.

<p>President</p> Signup and view all the answers

This case is referred to as Secretary of the Judicial Commission of Inquiry into Allegations of State Capture v Jacob ______.

<p>Zuma</p> Signup and view all the answers

Esau also prays for a declaration that a monogamous marriage concluded in terms of Muslim ______ is valid.

<p>rites</p> Signup and view all the answers

The legislative action is expected to be prepared and initiated by the Cabinet and the ______ of Justice.

<p>Minister</p> Signup and view all the answers

The Constitutional Court is required to make all final decisions concerning the actions of the highest organs of ______.

<p>State</p> Signup and view all the answers

Flashcards

Judges' Remuneration and Conditions of Employment Act, Section 4

This section dictates that a Constitutional Court judge, whose 12-year term ends or who turns 70 before completing 15 years of active service, must continue in office until either 15 years of active service is complete or the judge is 75, whichever is earlier.

Judges' Remuneration and Conditions of Employment Act, Section 8(a)

This section allows a Chief Justice, eligible for retirement (according to sections 3(1)(a) or 4(1) or (2)), to continue performing duties, upon the President's request, and for a duration determined by the President, but no longer than until the Chief Justice turns 75.

Constitutional imperative: Rule of Law

The principle that everyone is equal before the law and governed by it.

Constitutional imperative: Separation of Powers

Power is divided amongst several branches of government (e.g., legislative, executive, judicial) to avoid concentration of power in one entity.

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Constitutional imperative: Judicial Independence

Judges must be free from external influence or pressure, ensuring impartial legal processes.

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Section 176(1) of the Constitution

Likely a constitutional provision outlining the parameters for judicial service and tenure terms.

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Consistency with the Constitution

A core legal concept evaluating if a law adheres to fundamental principles outlined in the Constitution.

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Grounds for Removal

Misconduct, incapacity, or incompetence are grounds for removing a public official from office.

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Removal Committee

A committee of the National Assembly investigates and determines if grounds for removal exist.

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2/3 Majority

Auditor General and Public Protector removal requires a two-thirds majority vote.

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Majority Vote

Removal of a Commission member requires a majority vote.

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President's Suspension Power

The President can suspend an official during removal proceedings.

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President's Removal Power

Following Assembly's vote, the President must remove the official.

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Life Esidimeni Tragedy

A South African incident involving the relocation and deaths of mental health patients.

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Transformative Constitutionalism

A focus on using the Constitution to bring about social change.

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Constitutional Supremacy

The Constitution is the highest law of the land, and all laws must comply with it.

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Judicial Overview

Judicial review involves the application and interpretation of law in various contexts.

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Structure of South African Judiciary

The South African legal system, courts, and roles of judges are a critical component of the structure.

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Judicial Authority

Understanding and analyzing the power and influence of South African courts to uphold principles.

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Section 179(6)

The cabinet member responsible for justice must be the final decision-maker for prosecutions.

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Section 179(7)

National laws decide everything not covered explicitly in Section 179(6).

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NDPP & DPP Powers

The functions are instituting, conducting, and discontinuing criminal cases for the state.

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National Director of Public Prosecutions v Zuma (NB) Para 37

Prosecution must have sufficient admissible evidence for a reasonable conviction chance.

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Section 180(1)(a)

National laws must specify how to train judges.

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Section 180(1)(b)

National laws dictate complaint procedures for the judicial system.

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Section 180(1)(c)

National laws describe participation of non-judicial roles in court decisions.

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Concurrent Jurisdiction

The power shared by the High Court, Supreme Court of Appeal, and Constitutional Court to hear cases challenging the constitutionality of laws.

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Exclusive Jurisdiction

The power of the Constitutional Court to hear specific cases that only it can decide.

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Constitutional challenges

Legal arguments questioning if a law is compliant with the constitution.

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Organs of State disputes

Disagreements among different branches of the government (national or provincial), concerning their constitutional powers.

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Constitutionality of Bills

Checking if parliamentary or provincial laws are compliant with the Constitution.

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Parliamentary/Provincial Bills referral

The process of sending a law to the Constitutional Court for a constitutionality review by the President or Premier.

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Member/Legislator Application

The Constitutional Court has the power to hear applications related to constitutional matters filed by lawmakers in a legislature.

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Public Protector's Functions

The Public Protector controls the state's public administration, investigates maladministration, and plays a crucial role in South Africa's governance.

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Public Protector's Investigative Limits

The Public Protector cannot investigate court decisions, as outlined in section 182(3).

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Public Protector's Accessibility

The Public Protector's services must be accessible to all citizens and communities, as enshrined in section 182(4).

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Public Protector's Reports

Public Protector reports are typically public, unless national law specifies confidentiality (Section 182(5)).

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Public Protector's Term Length

The Public Protector's term is 7 years and is non-renewable (Section 183).

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Gender-Based Violence Report (June 2024)

A 2024 Public Protector report focused on gender-based violence and how the criminal justice system responds to it, prompted by a murder case.

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Section 182(2)

The Public Protector's functions and powers are determined by national laws.

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Previous similar office term

A previous office role to the Public Protector, known as the ‘ombudsman’, was replaced in order to be non-sexist.

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Constitutional Breach (Muslim Women)

Allegation that a law or action violates the constitutional right to equality for Muslim women.

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High Court vs. Constitutional Court

High Court handles certain constitutional issues, but the Constitutional Court makes the final decisions.

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Section 172(2)(a)

States the failure of the State in fulfilling constitutional obligations includes actions by the President.

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Pharmaceutical Manufacturers Case

A case that confirms the Constitutional Court's final authority over State actions.

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De Facto Monogamous Marriage

A marriage recognized as valid, based on the fact of the marriage itself, even if not formally under Muslim rites.

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Matrimonial Property Act 88 of 1984

South African law governing the division of assets in a marriage, divorce, and separation.

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Divorce Act

South African law governing divorce procedures and the outcome of divorces.

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Study Notes

PBL 220 Exam Notes 2024

  • Judiciary refers to the courts of South Africa
  • Section 165 of the Constitution provides that the judicial authority of the Republic vests in the courts, and that the courts are independent.
  • Section 166 of the Constitution outlines the South African judicial system: Constitutional Court (S167), Supreme Court of Appeal (S168), High Court (S169), and Other Courts (S170).
  • Chief Justice may serve at the Constitutional Court for 12 years + minimum 3 years at another court, or a straight 15-year period. The President can extend the term
  • Section 176 of the Constitution details the terms of office and remuneration of judges.
  • Constitutional Court confirmed the SCA ruling recognizing Muslim marriages — certain sections of the Marriage Act and Divorce Act declared unconstitutional.
  • Courts' rulings on constitutionality are not valid until confirmed by the Constitutional Court.
  • Public Protector impeachment inquiry continued despite Mkhwebane's recission bid.
  • Section 194 provides for the removal of the Public Protector, Auditor General, or member of the commission.
  • Constitutional supremacy is contrasted with parliamentary sovereignty.
  • Parliamentary sovereignty is where the legislature has supreme law-making power (no rule that it cannot repeal laws)
  • The Constitution is the supreme law of the Republic of South Africa.

Socio Economic Rights

  • Life Esidimeni Tragedy: Relocation of patients to lesser-funded facilities without certification. Resulted in many deaths. Judicial inquest ongoing.

Judicial Authority

  • Consider mechanical application of law.
  • Consider transformative constitutionalism..
  • Consider judicial transformation, colonization's effect, and judicial authority in South Africa.
  • Consider the structure of the South African judiciary.

Constitutional Supremacy

  • Section 1(c) of the Constitution establishes that South Africa is founded on constitutional supremacy.
  • Section 2 of the Constitution states that the Constitution is the supreme law of the Republic.
  • Any law inconsistent with the Constitution is invalid.

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PBL 220 Exam Notes 2024 PDF

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