49 Questions
What is the primary role of Chapter 9 Institutions?
Contributing to accountable government and monitoring the government
What is the nature of Chapter 9 Institutions?
Independent and impartial bodies established to safeguard and promote democracy
What is the limitation of Chapter 9 Institutions' power?
They do not have the power to review and set aside legislation or the actions of the executive
To whom are Chapter 9 Institutions accountable?
The National Assembly
What does standing require according to section 38 of the Constitution?
Demonstrating interest in the matter
What do Amicus Curiae do in court proceedings?
Assist with information or arguments
What does ripeness refer to in court matters?
Timing of a matter brought to court
What is mootness in the context of court intervention?
Questioning the practical effect of bringing a matter to court
What are the stages involved in constitutional litigation?
Procedural, substantive, and remedy stages
What does the right to equality encompass?
Formal, corrective, and substantive equality
Which sections of the constitution are crucial in establishing formal equality, promoting substantive equality, and preventing unfair discrimination?
Sections 9(1), 9(2), and 9(3)
What does the test for unfair discrimination involve?
A two-stage analysis
Which rights are guaranteed under section 15 of the Constitution?
Freedom of religion, conscience, thought, belief, and opinion
What type of observances does Section 15 allow at state institutions under certain conditions?
Religious observances
What does the notion of 'reasonable accommodation' require in relation to the exercise of rights?
Positive measures to allow all to exercise their rights equally
What does Section 16 guarantee in terms of freedom of expression?
Freedom of expression, including press freedom, information exchange, and academic freedom
Which of the following is a limitation to freedom of expression as per the text?
Propaganda for war
What does Section 58 grant to members of parliament for statements made during parliamentary proceedings?
Absolute privilege
What does the prohibition on corporal punishment not infringe on?
The right to freedom of religion, belief, and opinion
What does legislation allow in terms of marriages and personal/family law?
Recognition under any tradition or religion
What is required in terms of socio-economic rights according to the text?
The state to respect, protect, promote, and fulfill the rights in the Bill of Rights
What has socio-economic rights litigation been valuable in ensuring?
Access to sufficient water
What must schools take to ensure all students can exercise their right to religion equally?
Positive measures
What does the right to religious observance require in terms of application?
Equitable and voluntary application
What does the notion of 'reasonable accommodation' require in relation to the exercise of rights?
Positive measures to allow all to exercise their rights equally
Which court held that the policy of restricting the prescription and use of nevirapine was inconsistent with the Constitution?
Constitutional Court
What did the Court order regarding the restriction on nevirapine?
The restriction be removed
Which court held that Mr. Soobramoney could not rely on the right to emergency healthcare?
Constitutional Court
What does Section 38 of the Constitution provide for?
Enforcement of rights
Which court has the authority to make orders concerning the Constitutional invalidity of a parliamentary or provincial Bill/Act?
Constitutional Court
What does Section 167(6) of the Constitution allow for?
Direct Access to the Constitutional Court
What is a form of appropriate relief in cases of Constitutional invalidity?
Severance
What does Section 172(1) of the Constitution allow for?
Reading in
Which court can make an order of Constitutional invalidity?
High Court
What is the purpose of severance in cases of Constitutional invalidity?
To remove inconsistent parts of a law
What does Section 172(2)(a) of the Constitution allow for?
Confirmation of Constitutional invalidity by the Constitutional Court
What does Section 167(6) of the Constitution allow for in the context of appeals?
Direct Access to the Supreme Court of Appeal
Who is responsible for managing elections and ensuring they are free and fair in South Africa?
The Electoral Commission
Which institution is primarily tasked with investigating improper conduct in state affairs and taking remedial action?
The Public Protector
Which institution promotes respect for the rights of cultural, religious, and linguistic communities in South Africa?
Commission for the Promotion and Protection of the Rights of Cultural and Linguistic Communities
Which institution is responsible for promoting respect for gender equality and investigating related issues in South Africa?
Commission for Gender Equality
Which institution is established under section 184 of the South African Constitution?
South African Human Rights Commission
Who has the authority to make appointments to the State Institutions Supporting Constitutional Democracy in South Africa?
The President on recommendation from the national assembly
On what grounds can a member be removed from the State Institutions Supporting Constitutional Democracy in South Africa?
Misconduct, incapacity, or incompetence
Which elements determine who can bring a matter to court for adjudication in constitutional litigation?
Standing, ripeness, and mootness
Which institution's findings can lead to binding remedial action in South Africa?
The Public Protector
Which institution is primarily responsible for promoting respect for human rights and monitoring their observance in South Africa?
South African Human Rights Commission
Under which section of the Constitution is the Commission for Gender Equality established?
Section 187
Which institution has functions that include promoting respect for the rights of cultural, religious, and linguistic communities?
Commission for the Promotion and Protection of the Rights of Cultural and Linguistic Communities
Study Notes
State Institutions Supporting Constitutional Democracy in South Africa
- South African Human Rights Commission established under section 184 of the Constitution
- Functions include promoting respect for human rights and monitoring their observance
- Commission for Gender Equality established under section 187 of the Constitution
- Functions include promoting respect for gender equality and investigating related issues
- Commission for the Promotion and Protection of the Rights of Cultural and Linguistic Communities established under Section 185 of the Constitution
- Functions include promoting respect for the rights of cultural, religious, and linguistic communities
- Electoral Commission established under section 190 of the Constitution
- Functions include managing elections and ensuring they are free and fair
- The Public Protector established under section 182
- 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
- Constitutional litigation features elements such as standing, ripeness, and mootness, which determine who can bring a matter to court for adjudication
Test your knowledge of the state institutions supporting constitutional democracy in South Africa with this quiz. Explore the functions and mandates of key institutions such as the Human Rights Commission, Gender Equality Commission, and the Electoral Commission. Delve into the appointment and removal processes, as well as the role of constitutional litigation in upholding democracy.
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