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There may occasionally be minor ______ in these notes.
There may occasionally be minor ______ in these notes.
mistakes
The removal of a person from office requires a resolution calling for that person's ______.
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.
A two-thirds majority is required for the ______ General or Public Protector.
Auditor
The Life Esidimeni Tragedy involved relocating patients to ______ funded facilities.
The Life Esidimeni Tragedy involved relocating patients to ______ funded facilities.
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The Constitution establishes that South Africa is founded on constitutional ______.
The Constitution establishes that South Africa is founded on constitutional ______.
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Law or conduct inconsistent with the Constitution is deemed ______.
Law or conduct inconsistent with the Constitution is deemed ______.
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A person may be suspended from office after the start of proceedings by a committee of the National ______.
A person may be suspended from office after the start of proceedings by a committee of the National ______.
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Judicial transformation considers how ______ affects the judiciary.
Judicial transformation considers how ______ affects the judiciary.
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A Constitutional Court judge must continue in office until the completion of ______ years active service.
A Constitutional Court judge must continue in office until the completion of ______ years active service.
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A Chief Justice may continue to perform active service until the age of ______ years.
A Chief Justice may continue to perform active service until the age of ______ years.
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Section 4 of the Judges Remuneration and Conditions of Employment Act focuses on judges reaching the age of ______ years.
Section 4 of the Judges Remuneration and Conditions of Employment Act focuses on judges reaching the age of ______ years.
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The determination of this case primarily depends on section ______ of the Constitution.
The determination of this case primarily depends on section ______ of the Constitution.
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Section 8(a) allows a Chief Justice to continue service at the request of the ______.
Section 8(a) allows a Chief Justice to continue service at the request of the ______.
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The concept of ______ is one of the constitutional imperatives mentioned in the document.
The concept of ______ is one of the constitutional imperatives mentioned in the document.
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The central issue revolves around the consistency of section 8(a) with section ______ of the Constitution.
The central issue revolves around the consistency of section 8(a) with section ______ of the Constitution.
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Judicial tenures are addressed under the Judges Remuneration and Conditions of Employment ______.
Judicial tenures are addressed under the Judges Remuneration and Conditions of Employment ______.
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The cabinet member responsible for the administration of ______ must exercise final responsibility over the prosecuting authority.
The cabinet member responsible for the administration of ______ must exercise final responsibility over the prosecuting authority.
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All other matters must be determined by ______ legislation.
All other matters must be determined by ______ legislation.
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The National Director of Public Prosecutions (NDPP) has powers to institute and conduct criminal ______ on behalf of the State.
The National Director of Public Prosecutions (NDPP) has powers to institute and conduct criminal ______ on behalf of the State.
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There must be sufficient and admissible evidence to provide a reasonable prospect of a successful ______.
There must be sufficient and admissible evidence to provide a reasonable prospect of a successful ______.
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The prosecution should not be commenced with or continued if there is no reasonable prospect of a ______.
The prosecution should not be commenced with or continued if there is no reasonable prospect of a ______.
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National legislation must provide for the training of ______.
National legislation must provide for the training of ______.
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Procedures for dealing with ______ must be outlined in national legislation.
Procedures for dealing with ______ must be outlined in national legislation.
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Participation of other people, except for judicial ______, in court decisions is mandated by national legislation.
Participation of other people, except for judicial ______, in court decisions is mandated by national legislation.
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The public protector may not investigate ______ decisions.
The public protector may not investigate ______ decisions.
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The tenure of the Public Protector is ______ years.
The tenure of the Public Protector is ______ years.
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Reports of the Public Protector must be open to the public unless determined by national ______.
Reports of the Public Protector must be open to the public unless determined by national ______.
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The Public Protector performs an important role within the public administration and government of ______.
The Public Protector performs an important role within the public administration and government of ______.
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The office of the Public Protector evolved from the earlier role known as ______.
The office of the Public Protector evolved from the earlier role known as ______.
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The report in June 2024 focused on gender-based violence and the responsiveness of the ______ justice system.
The report in June 2024 focused on gender-based violence and the responsiveness of the ______ justice system.
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The ability of the justice system to serve and support women who seek ______ services is a priority.
The ability of the justice system to serve and support women who seek ______ services is a priority.
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These notes are provided as an independent service and are not sold for ______.
These notes are provided as an independent service and are not sold for ______.
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The Constitutional Court’s jurisdiction can be divided into ______ and Exclusive Jurisdiction.
The Constitutional Court’s jurisdiction can be divided into ______ and Exclusive Jurisdiction.
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Any challenge to the constitutionality of legislation must first be lodged in the ______.
Any challenge to the constitutionality of legislation must first be lodged in the ______.
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The Constitutional Court must confirm an order of ______ declared by the High Court or SCA before it gains any force.
The Constitutional Court must confirm an order of ______ declared by the High Court or SCA before it gains any force.
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The Constitutional Court decides disputes concerning the constitutional status, powers, or functions of any organs of ______.
The Constitutional Court decides disputes concerning the constitutional status, powers, or functions of any organs of ______.
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The Constitutional Court has exclusive jurisdiction to decide on the constitutionality of any parliamentary or provincial Bill referred to it by the ______.
The Constitutional Court has exclusive jurisdiction to decide on the constitutionality of any parliamentary or provincial Bill referred to it by the ______.
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Applications by members of the National Assembly must be made when ______ of the members of the provincial legislature are involved.
Applications by members of the National Assembly must be made when ______ of the members of the provincial legislature are involved.
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The reasons for Exclusive Jurisdiction include avoiding tension with other arms of ______.
The reasons for Exclusive Jurisdiction include avoiding tension with other arms of ______.
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Exclusive Jurisdiction reflects the Constitutional Court’s special status as guardian of the ______.
Exclusive Jurisdiction reflects the Constitutional Court’s special status as guardian of the ______.
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Esau calls for a declaration that the failure is inconsistent with the ______.
Esau calls for a declaration that the failure is inconsistent with the ______.
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The Matrimonial Property Act is referred to by its act number ______ of 1984.
The Matrimonial Property Act is referred to by its act number ______ of 1984.
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The Court may rule on state obligations, but its decision must be confirmed by the ______ Court.
The Court may rule on state obligations, but its decision must be confirmed by the ______ Court.
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Section 172(2)(a) holds that the failure to fulfil constitutional obligations by the State includes the ______.
Section 172(2)(a) holds that the failure to fulfil constitutional obligations by the State includes the ______.
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This case is referred to as Secretary of the Judicial Commission of Inquiry into Allegations of State Capture v Jacob ______.
This case is referred to as Secretary of the Judicial Commission of Inquiry into Allegations of State Capture v Jacob ______.
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Esau also prays for a declaration that a monogamous marriage concluded in terms of Muslim ______ is valid.
Esau also prays for a declaration that a monogamous marriage concluded in terms of Muslim ______ is valid.
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The legislative action is expected to be prepared and initiated by the Cabinet and the ______ of Justice.
The legislative action is expected to be prepared and initiated by the Cabinet and the ______ of Justice.
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The Constitutional Court is required to make all final decisions concerning the actions of the highest organs of ______.
The Constitutional Court is required to make all final decisions concerning the actions of the highest organs of ______.
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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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Description
Test your knowledge on key aspects of the South African Constitution with this quiz. Covering topics such as the judiciary, public office, and constitutional principles, this quiz will assess your understanding of important legal concepts and historical events like the Life Esidimeni Tragedy.
