South African Human Rights Commission Quiz
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Questions and Answers

What is one alleged irregularity reported in the Emfuleni Local Municipality?

  • Failure to provide basic services
  • Lack of transparency in elections
  • Mismanagement of funds
  • Irregular appointment of Opulentia (correct)

    • The Gauteng Department of Infrastructure Development has been accused of proper conduct during the construction of Mayibuye Primary School.

    False

    What is the amount involved in the payment to the Popo Molefe Foundation?

    R350,000.00

    The SAHRC is empowered to investigate and report the observance of __________.

    <p>human rights</p> Signup and view all the answers

    Match the sections of the SAHRC's duties and powers:

    <p>Section 184(1) = Promote respect for human rights Section 184(2) = Investigate and report observance of human rights Section 184(3) = Update recommendations towards socio-economic rights Section 184(4) = Additional powers prescribed by national legislation</p> Signup and view all the answers

    Which of the following is NOT a duty of the SAHRC?

    <p>Enforce laws directly</p> Signup and view all the answers

    The purpose of the SAHRC includes monitoring and assessing observance of human rights.

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

    Which organization is involved in the alleged violations regarding the construction of Mayibuye Primary School?

    <p>Gauteng Department of Infrastructure Development</p> Signup and view all the answers

    Which of the following statements accurately describes the Chief Justice's role?

    <p>Oversees the establishment and monitoring of judicial norms</p> Signup and view all the answers

    The seat of the Constitutional Court is located in Bloemfontein.

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

    What was the Appellate Division renamed to?

    <p>Supreme Court of Appeal</p> Signup and view all the answers

    The High Court functions as a superior court and acts as both a court of first instance and a court hearing appeals from the ______ courts.

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

    Match the following courts with their primary features:

    <p>Constitutional Court = Located in Johannesburg Supreme Court of Appeal = Headed by President of the SCA High Court = Includes multiple divisions</p> Signup and view all the answers

    What action is declared inconsistent with the Constitution regarding the Chief Justice?

    <p>The extension of the Chief Justice's term under section 8(a)</p> Signup and view all the answers

    The President has the power to remove a judge from office without a resolution from the National Assembly.

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

    What are the grounds for the removal of a judge as stated in section 177(1)?

    <p>In capacity, gross incompetence, or gross misconduct</p> Signup and view all the answers

    Section 8(a) of the Judges’ Remuneration and Conditions of Employment Act 47 of 2001 is declared ______ with the Constitution.

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

    Match the sections of the Judges’ Remuneration and Conditions of Employment Act with their corresponding details:

    <p>Section 8(a) = Inconsistent with the Constitution Section 177(1)(a) = Grounds for removal due to misconduct Section 177(1)(b) = Resolution by the National Assembly Section 177(3) = President's role in suspending judges</p> Signup and view all the answers

    In the case of Hlophe v Judicial Service Commission, what was the outcome of the JSC's decision?

    <p>Hlophe committed gross misconduct</p> Signup and view all the answers

    The Judicial Service Commission's decision in Hlophe's case was made unanimously.

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

    What must happen before the President can remove a judge from office?

    <p>Adoption of a resolution by the National Assembly</p> Signup and view all the answers

    Which type of jurisdiction allows the Constitutional Court to exercise authority alongside the High Court and Supreme Court of Appeal?

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

    The Constitutional Court has exclusive jurisdiction over all legislative matters without any exceptions.

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

    What must happen if the High Court or the Supreme Court of Appeal declares legislation invalid?

    <p>The Constitutional Court must confirm the order of invalidity before it gains any force.</p> Signup and view all the answers

    Only the Constitutional Court can decide on disputes concerning the constitutional status, powers, or functions of organs of __________.

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

    What is one reason for the Constitutional Court's exclusive jurisdiction?

    <p>To avoid tension with other arms of government</p> Signup and view all the answers

    Members of the National Assembly can directly file cases regarding the constitutionality of legislative bills in the Constitutional Court.

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

    Name one instance where the Constitutional Court exercises exclusive jurisdiction.

    <p>Deciding on the constitutionality of a parliamentary or provincial Bill referred to it by the President or Premier.</p> Signup and view all the answers

    Match the following jurisdictions with their descriptions:

    <p>Concurrent Jurisdiction = Exercised alongside other courts for direct constitutional challenges Exclusive Jurisdiction = Only the Constitutional Court can decide on these matters Original Jurisdiction = Authority to hear cases for the first time Appellate Jurisdiction = Power to review decisions from lower courts</p> Signup and view all the answers

    What must the Commission be broadly representative of, according to Section 186(2)?

    <p>Diverse cultural and religious groups</p> Signup and view all the answers

    The Commission is required to solely focus on representing gender composition as per Section 186.

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

    How many initiates were reported to have been admitted to hospitals in Limpopo due to circumcision complications?

    <p>292</p> Signup and view all the answers

    The Commission on this matter intervened in accordance with Section _____ of the Constitution.

    <p>185</p> Signup and view all the answers

    Which act empowers the Commission to address issues related to cultural and religious rights?

    <p>The CRL Rights Act 19 of 2002</p> Signup and view all the answers

    Match the following sections with their descriptions:

    <p>Section 185 = Commission's powers and functions Section 186(1) = Number of members and their term Section 186(2) = Representation requirements in the Commission</p> Signup and view all the answers

    The urgent media invite addressed the injuries incurred by adults during initiation rituals.

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

    What was the nature of the complaints related to the initiates in Mopani District?

    <p>Complications from initiation related circumcision</p> Signup and view all the answers

    Which court has exclusive jurisdiction to decide on the constitutionality of any amendment to the Constitution?

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

    The Supreme Court of Appeal deals with constitutional matters under the 1996 Constitution.

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

    Who presides over the Supreme Court of Appeal?

    <p>The President of the Supreme Court of Appeal</p> Signup and view all the answers

    The High Court may decide on constitutional matters in terms of section _____ of the Constitution.

    <p>167(6)</p> Signup and view all the answers

    Match the court with its jurisdiction:

    <p>Constitutional Court = Constitutional Matters Supreme Court of Appeal = Non-Constitutional Matters High Court = Constitutional Matters (as per section 167(6)) Other Courts = Matters as determined by an Act of Parliament</p> Signup and view all the answers

    What is a defining characteristic of the Supreme Court of Appeal?

    <p>It is the court of final instance.</p> Signup and view all the answers

    A court lower than the High Court can rule on the constitutionality of legislation.

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

    The _____ courts may decide any matter determined by an Act of Parliament.

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

    Study Notes

    PBL 220 Exam Notes 2024

    • The Judiciary refers to the courts of South Africa.
    • Section 165 of the Constitution dictates that the judicial authority of the Republic vests in the courts and that the courts are independent.
    • Section 166 of the Constitution outlines the Judicial System: Constitutional Court, Supreme Court of Appeal, High Court, and other courts.
    • Chief Justice can serve at the Constitutional Court for 12 years, plus a minimum of 3 years at another court or for a straight 15-year period.
    • Section 176 of the Constitution controls terms of office and remuneration of judges.
    • Constitutional Court confirmed the Supreme Court of Appeal ruling, recognizing Muslim marriages and declaring certain sections of the Marriage Act and Divorce Act unconstitutional.
    • The other court rulings are not valid until confirmed by the Constitutional Court.
    • The Public Protector impeachment inquiry has taken place despite initial recission bid, and there were consequently no parliamentary rules for the removal of the head of a Chapter 9 Institution.
    • Section 194 of the Constitution provides for the removal of the Public Protector, Auditor General or a member of commission on misconduct, incapacity or incompetence.

    Socio Economic Rights

    • The text includes the Life Esidimeni Tragedy, where patients were relocated to unsuitable facilities without proper certification, leading to many deaths.
    • The judicial inquest is ongoing.

    Judicial Authority

    • Consider the mechanical application of laws.
    • Consider transformative constitutionalism.
    • Think about judicial transformation.
    • Consider how decolonization, colonial encounter and judicial authority in South Africa affects the current judiciary, including structure, and implications.
    • Consider how constitutional supremacy contrasts with parliamentary sovereignty
    • The Constitution is the supreme law of the Republic and invalidates laws inconsistent with it.

    Parliamentary Supremacy

    • Constitutional supremacy is contrasted with parliamentary sovereignty.
    • Parliamentary sovereignty is where the legislature has supreme law-making power.
    • Under the Apartheid era, South Africa functioned under parliamentary sovereignty.

    Separation of Powers

    • The principle establishes the three arms of state:
    • Executive: Enforces laws (cabinet and ministers)
    • Legislature: Creates laws (members of parliament)
    • Judiciary: Interprets laws (judges)

    Transformative Constitutionalism

    • The core principles include socio-economic rights, substantive equality and the interplay between morality and law.
    • It emphasizes the empowerment of previously disadvantaged groups and the use of the law for social and political change.
    • Transformative constitutionalism requires sensitivity to existing historical injustice and the importance of legal reasoning to address political and moral convictions.
    • Relevant judgements include National Coalition for Gay and Lesbian Equality (NB), and S v Makwanyane (NB) in South Africa.

    Judicial Authority

    • Section 165 of the Constitution: The judiciary is responsible for legal adjudication: finding, interpreting, and applying the law.

    Judicial Transformation

    • Section 174(2) of the Constitution: Judicial appointments should reflect broad racial and gender composition of South Africa.
    • This stemmed from the historical composition of the judiciary in the pre-democratic era.

    Decolonization and Judiciary

    • Colonial encounter changed the application and development of customary law. This was evidenced by cases such as Bhe v Khayelitsha Magistrate and Shilubana v Nwamitwa in South Africa.

    Constitutional Jurisdiction

    • The power or competence of a court to hear a case is determined by jurisdiction.
    • Specific courts have responsibility for certain types of cases.
    • The Constitution dictates specific jurisdiction for different court levels.

    Judicial Authority Continued

    • Section 165 of the Constitution: Judicial authority is vested in the courts, which must be independent and impartial, and only answerable to the Constitution.
    • Various sections (1–6) of Section 165: provide guarantees against interference, emphasize the instrumental role of all organs of state to assist and protect courts and that orders of courts bind all persons.
    • The Chief Justice as the head of the judiciary is specified.

    Constitution

    • Constitutional and other courts have specific jurisdictions.
    • Constitutional matters can be dealt with by various courts concurrently and, where appropriate, by the Constitutional Court.

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    PBL 220 Exam Notes 2024 PDF

    Description

    Test your knowledge about the South African Human Rights Commission and its roles, responsibilities, and recent allegations. This quiz covers important topics such as the conduct of the Gauteng Department of Infrastructure and key terms related to human rights observance.

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