South African Constitutional Institutions Quiz

The primary roles of Chapter 9 Institutions are contributing to accountable government by monitoring the government, and transforming South Africa into a society in which social justice prevails.

Chapter 9 Institutions are independent and impartial bodies established to safeguard and promote democracy. They are independent non-judicial systems that are also directly accountable to the National Assembly.

Chapter 9 Institutions do not have the power to review and set aside legislation or the actions of the executive. This power is held by the courts, making them non-judicial in nature.

<p>Chapter 9 Institutions play an important role in realizing the state’s duty to realize individual rights in terms of the Constitutional obligations imposed on the state.</p> Signup and view all the answers

<p>Standing in constitutional law refers to the legal right of an individual to bring a lawsuit or a petition to court. It is regulated under section 38 of the Constitution, allowing individuals to approach the court if their rights in the Bill of Rights are infringed.</p> Signup and view all the answers

<p>The person approaching the court must demonstrate their interest in the matter by acting on their own behalf, on behalf of others, in the public interest, or as part of a group or class action.</p> Signup and view all the answers

<p>Amicus Curiae are friends of the court, not parties to the proceedings, who assist the court with information or arguments.</p> Signup and view all the answers

<p>Ripeness in constitutional law focuses on the timing of a matter when it is brought to court, requiring an actual dispute and exhaustion of internal remedies for cases involving the same organization.</p> Signup and view all the answers

<p>Mootness refers to the redundancy in bringing a matter to court if it could be solved without court intervention or if there would be no practical effect of the court's decision.</p> Signup and view all the answers

<p>Constitutional litigation consists of three stages: procedural, substantive, and remedy, determining who can go to court, the scope of rights, and the court's ability to remedy infringements.</p> Signup and view all the answers

<p>The right to equality encompasses formal equality, restitutionary or corrective equality, and substantive equality, with direct and indirect discrimination being important distinctions.</p> Signup and view all the answers

<p>Section 9(1), 9(2), and 9(3) of the constitution are paramount, establishing formal equality, promoting substantive equality, and prohibiting unfair discrimination.</p> Signup and view all the answers

<p>The test for unfair discrimination involves a two-stage analysis: determining if discrimination occurred and then assessing whether it is unfair.</p> Signup and view all the answers

<p>Section 15 of the Constitution guarantees everyone the right to freedom of religion, conscience, thought, belief, and opinion.</p> Signup and view all the answers

<p>Socio-economic rights are justiciable rights contained in the Bill of Rights and are important for the progressive realization of rights such as dignity, environment, life, and equality.</p> Signup and view all the answers

<p>Section 38 provides for the enforcement of rights, stating that anyone with standing may approach a competent court for appropriate relief, including a declaration of rights.</p> Signup and view all the answers

<p>A 'competent court' refers to a court with the requisite jurisdiction to decide on the matter and grant the relief sought after.</p> Signup and view all the answers

<p>These courts have the authority to make orders concerning Constitutional invalidity, with the Constitutional Court being the only one that may confirm the invalidity made by the High Court or Supreme Court of Appeal.</p> Signup and view all the answers

<p>Section 167(6) of the Constitution provides for National legislation or the rules of the Constitution Court to allow a person, in the interests of justice and with leave of the court, to bring a matter directly to the Constitutional court (Direct Access) or appeal directly to the Constitutional court from any other Court (Direct Appeal).</p> Signup and view all the answers

<p>A Confirmation of Constitutional invalidity is a form of appropriate relief used when a law is declared inconsistent with the constitution. It is usually the last resort, and courts try to avoid striking entire provisions/acts.</p> Signup and view all the answers

<p>Section 172(1) provides that a law declared inconsistent with the constitution is invalid to the extent of that inconsistency, allowing for severance to remove those parts of a law that are inconsistent with the constitution.</p> Signup and view all the answers

<p>Section 172(2)(a) allows the High Court, the Supreme Court of Appeal, or a court of a similar status to make an order of Constitutional invalidity, but such an order lacks force until confirmed by the Constitutional Court.</p> Signup and view all the answers

<p>Courts prefer the approaches of Severance and Reading-in, which allow the court to remove or add words to a law to make it constitutionally permissible.</p> Signup and view all the answers

<p>Courts are empowered to make any order that is just and equitable, including limiting the retrospective effect of the declaration of invalidity and suspending the declaration for any period and any conditions to allow the competent authority to correct the defect.</p> Signup and view all the answers

<p>The realization of socio-economic rights is important as they are interrelated with other rights within the Constitution, such as dignity, environment, life, and equality.</p> Signup and view all the answers

<p>The overlap indicates the interconnectedness and interdependence of the enforcement of rights and the jurisdiction of courts in ensuring the protection and realization of constitutional rights.</p> Signup and view all the answers

<p>Functions include promoting respect for human rights and monitoring their observance</p> Signup and view all the answers

<p>Powers include investigating and reporting on human rights violations</p> Signup and view all the answers

<p>Established under section 187 of the Constitution</p> Signup and view all the answers

<p>Functions include promoting respect for gender equality and monitoring gender equality issues</p> Signup and view all the answers

<p>Powers include investigating, researching, educating, and advising on gender equality</p> Signup and view all the answers

<p>Established under section 185 of the Constitution</p> Signup and view all the answers

<p>Functions include promoting respect for the rights of cultural, religious, and linguistic communities</p> Signup and view all the answers

<p>Powers include monitoring, investigating, researching, educating, and advising on these rights</p> Signup and view all the answers

<p>Established under section 190 of the Constitution</p> Signup and view all the answers

<p>Functions include managing elections and ensuring they are free and fair</p> Signup and view all the answers

<p>Investigates alleged improper conduct in state affairs and their findings can lead to binding remedial action</p> Signup and view all the answers

<p>Appointments are made by the President on recommendation from the national assembly</p> Signup and view all the answers

<p>Section 15 does not establish South Africa as a secular state.</p> Signup and view all the answers

<p>Religious observances at state institutions must follow rules and be voluntary.</p> Signup and view all the answers

<p>Legislation can recognize marriages and family law from different traditions or religions.</p> Signup and view all the answers

<p>The right to religious observance is interrelated with other rights in the Constitution.</p> Signup and view all the answers

<p>The notion of reasonable accommodation allows for positive measures to accommodate religious beliefs.</p> Signup and view all the answers

<p>Prohibition on corporal punishment is upheld to protect other interests in the bill of rights.</p> Signup and view all the answers

<p>Schools must ensure all students can exercise their right to religion equally.</p> Signup and view all the answers

<p>The constitutional right to freedom of expression includes freedom of press and media.</p> Signup and view all the answers

<p>Advocacy of hatred based on race, ethnicity, gender, or religion is limited.</p> Signup and view all the answers

<p>Members of parliament have absolute privilege in parliamentary proceedings.</p> Signup and view all the answers

<p>The state has positive and negative obligations to respect, protect, promote, and fulfill socio-economic rights.</p> Signup and view all the answers

<p>Socio-economic rights litigation has value, as seen in the case of access to water in Mazibuko v City of Johannesburg.</p> Signup and view all the answers

<p>South Africa as a secular state</p> Signup and view all the answers

<p>They must follow rules and be voluntary</p> Signup and view all the answers

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

<p>Interrelated with other rights</p> Signup and view all the answers

<p>Positive measures to accommodate religious beliefs</p> Signup and view all the answers

<p>To protect other interests in the bill of rights</p> Signup and view all the answers

<p>All students can exercise their right to religion equally</p> Signup and view all the answers

<p>Freedom of press and media</p> Signup and view all the answers

<p>Advocacy of hatred</p> Signup and view all the answers

<p>Absolute privilege</p> Signup and view all the answers

<p>Positive and negative obligations to respect, protect, promote, and fulfill socio-economic rights</p> Signup and view all the answers

<p>As seen in the case of access to water in Mazibuko v City of Johannesburg</p> Signup and view all the answers