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.

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.

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.

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.

Amicus Curiae are friends of the court, not parties to the proceedings, who assist the court with information or arguments.

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.

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.

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.

The right to equality encompasses formal equality, restitutionary or corrective equality, and substantive equality, with direct and indirect discrimination being important distinctions.

Section 9(1), 9(2), and 9(3) of the constitution are paramount, establishing formal equality, promoting substantive equality, and prohibiting unfair discrimination.

The test for unfair discrimination involves a two-stage analysis: determining if discrimination occurred and then assessing whether it is unfair.

Section 15 of the Constitution guarantees everyone the right to freedom of religion, conscience, thought, belief, and opinion.

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.

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.

A 'competent court' refers to a court with the requisite jurisdiction to decide on the matter and grant the relief sought after.

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.

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).

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.

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.

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.

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.

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.

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.

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.

Functions include promoting respect for human rights and monitoring their observance

Powers include investigating and reporting on human rights violations

Established under section 187 of the Constitution

Functions include promoting respect for gender equality and monitoring gender equality issues

Powers include investigating, researching, educating, and advising on gender equality

Established under section 185 of the Constitution

Functions include promoting respect for the rights of cultural, religious, and linguistic communities

Powers include monitoring, investigating, researching, educating, and advising on these rights

Established under section 190 of the Constitution

Functions include managing elections and ensuring they are free and fair

Investigates alleged improper conduct in state affairs and their findings can lead to binding remedial action

Appointments are made by the President on recommendation from the national assembly

Section 15 does not establish South Africa as a secular state.

Religious observances at state institutions must follow rules and be voluntary.

Legislation can recognize marriages and family law from different traditions or religions.

The right to religious observance is interrelated with other rights in the Constitution.

The notion of reasonable accommodation allows for positive measures to accommodate religious beliefs.

Prohibition on corporal punishment is upheld to protect other interests in the bill of rights.

Schools must ensure all students can exercise their right to religion equally.

The constitutional right to freedom of expression includes freedom of press and media.

Advocacy of hatred based on race, ethnicity, gender, or religion is limited.

Members of parliament have absolute privilege in parliamentary proceedings.

The state has positive and negative obligations to respect, protect, promote, and fulfill socio-economic rights.

Socio-economic rights litigation has value, as seen in the case of access to water in Mazibuko v City of Johannesburg.

South Africa as a secular state

They must follow rules and be voluntary

Yes

Interrelated with other rights

Positive measures to accommodate religious beliefs

To protect other interests in the bill of rights

All students can exercise their right to religion equally

Freedom of press and media

Advocacy of hatred

Absolute privilege

Positive and negative obligations to respect, protect, promote, and fulfill socio-economic rights

As seen in the case of access to water in Mazibuko v City of Johannesburg