South African Constitutional Rights Quiz

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

Chapter 9 Institutions are set up to safeguard and promote democracy, established as independent and impartial bodies in terms of section 181 of the Constitution. They are independent non-judicial systems, but also accountable to the National Assembly. They primarily make findings and recommendations, and in some cases issue binding remedial action.

Chapter 9 Institutions do not have the power to review and set aside legislation or the actions of the executive; only the courts have that power. They are non-judicial bodies and are important in realizing the state’s duty to realize individual rights in terms of the Constitutional obligations imposed on the state.

The specific Chapter 9 Institutions mentioned in the text are: The Public Protector, The South African Human Rights Commission, The Commission for the Promotion and Protection of the Rights of Cultural Religious and Linguistic Communities, The Commission for Gender Equality, The Auditor General, and The Electoral Commission.

Functions include promoting respect for human rights and monitoring their observance

Section 187 of the Constitution

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

Functions include managing elections and ensuring they are free and fair

Functions include investigating improper conduct in state affairs and taking remedial action

The Public Protector's findings can lead to binding remedial action

Appointments to these institutions are made by the President on recommendation from the national assembly

Removal of a member from these institutions can be based on grounds of misconduct, incapacity, or incompetence

Elements such as standing, ripeness, and mootness, which determine who can bring a matter to court for adjudication

The case highlighted the inconsistency of the Minister of Health's policy in restricting access to nevirapine, a drug proven to prevent mother to child transfer of HIV, and emphasized the need for a more coherent plan to guarantee access to health care services in line with the Constitution.

The case involved Mr. Soobramoney's denial of dialysis service by the state due to lack of resources, highlighting the challenge of accessing essential healthcare services and the interpretation of the right to emergency healthcare.

Socio-economic rights are contained in the Bill of Rights and are justiciable, allowing courts to assess the progressive realization of these rights in line with constitutional imperatives.

Section 38 allows anyone with standing to approach a competent court for appropriate relief, including a declaration of rights.

It refers to a court with the jurisdiction to decide on the matter and grant the relief sought, such as the High Court, Supreme Court of Appeal, and the Constitutional Court.

The amendments introduced Direct Access, allowing a person to bring a matter directly to the Constitutional court outside the context of appeals, and Direct Appeal, enabling appeals directly to the Constitutional court from any other court.

A Confirmation of Constitutional invalidity is a form of appropriate relief, usually the last resort, and courts try to avoid striking entire provisions/acts by using mechanisms such as severance and reading in.

It states that a law declared inconsistent with the constitution is invalid to the extent of that inconsistency, allowing for severance to remove inconsistent parts while still giving effect to the legislation's objects.

Courts can make orders limiting the retrospective effect of the declaration of invalidity and suspend the declaration for a period with conditions to allow the competent authority to correct the defect, as seen in the Fourie case.

Reading-in allows the court to add words to a provision to make it constitutionally permissible, avoiding striking down the provision entirely and interfering with the separation of powers.

The High Court, the Supreme Court of Appeal, or a court of a similar status can make an order of Constitutional invalidity, but it lacks force until confirmed by the Constitutional Court.

The topic of Constitutional Jurisdiction overlaps with the enforcement of rights, competent courts, and the process of addressing Constitutional invalidity, emphasizing the importance of understanding the jurisdiction and authority of different courts in upholding constitutional rights.

Standing in constitutional law allows individuals to approach a court if their rights are infringed or threatened, and it is regulated under section 38 of the Constitution.

The person must demonstrate their interest in the matter, including acting on behalf of others, in the public interest, or as part of a group or class action.

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

Ripeness refers to the timing of a matter brought to court, requiring an actual dispute and exhaustion of internal remedies in certain cases.

Mootness questions the practical effect of bringing a matter to court and refers to redundancy in seeking court intervention.

Constitutional litigation involves procedural, substantive, and remedy stages, determining jurisdiction, the scope of rights, and potential remedies.

The right to equality encompasses formal, corrective, and substantive equality, as well as direct and indirect discrimination.

Sections 9(1), 9(2), and 9(3) of the constitution are crucial in establishing formal equality, promoting substantive equality, and preventing unfair discrimination.

The two-stage analysis for unfair discrimination involves considering whether discrimination has occurred and whether it is unfair.

Freedom of Religion, Belief, and Conscience is guaranteed under section 15 of the Constitution, ensuring the right to freedom of religion, conscience, thought, belief, and opinion.

It allows religious observances at state institutions under certain conditions

No, it must be applied equitably and voluntarily

Legislation recognizing marriages and personal/family law under any tradition or religion is allowed

It requires positive measures to allow all to exercise their rights equally

No, it does not infringe on the right to freedom of religion, belief, and opinion

Schools must take positive measures to ensure all students can exercise their right to religion equally

Freedom of expression, including press freedom, information exchange, and academic freedom

Propaganda for war and incitement of violence or hatred

Absolute privilege for statements made during parliamentary proceedings

The state must respect, protect, promote, and fulfill the rights in the Bill of Rights

Socio-economic rights are debated politically and legally, with courts considering state obligations

Socio-economic rights litigation has been valuable in ensuring access to sufficient water, as seen in cases like Mazibuko and Others v City of Johannesburg and Others