Podcast
Questions and Answers
What is the primary role of Chapter 9 Institutions?
What is the primary role of Chapter 9 Institutions?
- Directly setting aside legislation and executive actions
- Influencing international policies
- Acting as judicial bodies
- Contributing to accountable government and monitoring the government (correct)
What is the nature of Chapter 9 Institutions?
What is the nature of Chapter 9 Institutions?
- Independent and impartial bodies established to safeguard and promote democracy (correct)
- Focused on international diplomacy
- Primarily responsible for making and enforcing legislation
- Subject to the direct control of the executive branch
What is the limitation of Chapter 9 Institutions' power?
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 (correct)
- They can override judicial decisions
- They are not accountable to any governmental body
- They have the authority to make and enforce laws
To whom are Chapter 9 Institutions accountable?
To whom are Chapter 9 Institutions accountable?
What does standing require according to section 38 of the Constitution?
What does standing require according to section 38 of the Constitution?
What do Amicus Curiae do in court proceedings?
What do Amicus Curiae do in court proceedings?
What does ripeness refer to in court matters?
What does ripeness refer to in court matters?
What is mootness in the context of court intervention?
What is mootness in the context of court intervention?
What are the stages involved in constitutional litigation?
What are the stages involved in constitutional litigation?
What does the right to equality encompass?
What does the right to equality encompass?
Which sections of the constitution are crucial in establishing formal equality, promoting substantive equality, and preventing unfair discrimination?
Which sections of the constitution are crucial in establishing formal equality, promoting substantive equality, and preventing unfair discrimination?
What does the test for unfair discrimination involve?
What does the test for unfair discrimination involve?
Which rights are guaranteed under section 15 of the Constitution?
Which rights are guaranteed under section 15 of the Constitution?
What type of observances does Section 15 allow at state institutions under certain conditions?
What type of observances does Section 15 allow at state institutions under certain conditions?
What does the notion of 'reasonable accommodation' require in relation to the exercise of rights?
What does the notion of 'reasonable accommodation' require in relation to the exercise of rights?
What does Section 16 guarantee in terms of freedom of expression?
What does Section 16 guarantee in terms of freedom of expression?
Which of the following is a limitation to freedom of expression as per the text?
Which of the following is a limitation to freedom of expression as per the text?
What does Section 58 grant to members of parliament for statements made during parliamentary proceedings?
What does Section 58 grant to members of parliament for statements made during parliamentary proceedings?
What does the prohibition on corporal punishment not infringe on?
What does the prohibition on corporal punishment not infringe on?
What does legislation allow in terms of marriages and personal/family law?
What does legislation allow in terms of marriages and personal/family law?
What is required in terms of socio-economic rights according to the text?
What is required in terms of socio-economic rights according to the text?
What has socio-economic rights litigation been valuable in ensuring?
What has socio-economic rights litigation been valuable in ensuring?
What must schools take to ensure all students can exercise their right to religion equally?
What must schools take to ensure all students can exercise their right to religion equally?
What does the right to religious observance require in terms of application?
What does the right to religious observance require in terms of application?
What does the notion of 'reasonable accommodation' require in relation to the exercise of rights?
What does the notion of 'reasonable accommodation' require in relation to the exercise of rights?
Which court held that the policy of restricting the prescription and use of nevirapine was inconsistent with the Constitution?
Which court held that the policy of restricting the prescription and use of nevirapine was inconsistent with the Constitution?
What did the Court order regarding the restriction on nevirapine?
What did the Court order regarding the restriction on nevirapine?
Which court held that Mr. Soobramoney could not rely on the right to emergency healthcare?
Which court held that Mr. Soobramoney could not rely on the right to emergency healthcare?
What does Section 38 of the Constitution provide for?
What does Section 38 of the Constitution provide for?
Which court has the authority to make orders concerning the Constitutional invalidity of a parliamentary or provincial Bill/Act?
Which court has the authority to make orders concerning the Constitutional invalidity of a parliamentary or provincial Bill/Act?
What does Section 167(6) of the Constitution allow for?
What does Section 167(6) of the Constitution allow for?
What is a form of appropriate relief in cases of Constitutional invalidity?
What is a form of appropriate relief in cases of Constitutional invalidity?
What does Section 172(1) of the Constitution allow for?
What does Section 172(1) of the Constitution allow for?
Which court can make an order of Constitutional invalidity?
Which court can make an order of Constitutional invalidity?
What is the purpose of severance in cases of Constitutional invalidity?
What is the purpose of severance in cases of Constitutional invalidity?
What does Section 172(2)(a) of the Constitution allow for?
What does Section 172(2)(a) of the Constitution allow for?
What does Section 167(6) of the Constitution allow for in the context of appeals?
What does Section 167(6) of the Constitution allow for in the context of appeals?
Who is responsible for managing elections and ensuring they are free and fair in South Africa?
Who is responsible for managing elections and ensuring they are free and fair in South Africa?
Which institution is primarily tasked with investigating improper conduct in state affairs and taking remedial action?
Which institution is primarily tasked with investigating improper conduct in state affairs and taking remedial action?
Which institution promotes respect for the rights of cultural, religious, and linguistic communities in South Africa?
Which institution promotes respect for the rights of cultural, religious, and linguistic communities in South Africa?
Which institution is responsible for promoting respect for gender equality and investigating related issues in South Africa?
Which institution is responsible for promoting respect for gender equality and investigating related issues in South Africa?
Which institution is established under section 184 of the South African Constitution?
Which institution is established under section 184 of the South African Constitution?
Who has the authority to make appointments to the State Institutions Supporting Constitutional Democracy in South Africa?
Who has the authority to make appointments to the State Institutions Supporting Constitutional Democracy in South Africa?
On what grounds can a member be removed from the State Institutions Supporting Constitutional Democracy in South Africa?
On what grounds can a member be removed from the State Institutions Supporting Constitutional Democracy in South Africa?
Which elements determine who can bring a matter to court for adjudication in constitutional litigation?
Which elements determine who can bring a matter to court for adjudication in constitutional litigation?
Which institution's findings can lead to binding remedial action in South Africa?
Which institution's findings can lead to binding remedial action in South Africa?
Which institution is primarily responsible for promoting respect for human rights and monitoring their observance in South Africa?
Which institution is primarily responsible for promoting respect for human rights and monitoring their observance in South Africa?
Under which section of the Constitution is the Commission for Gender Equality established?
Under which section of the Constitution is the Commission for Gender Equality established?
Which institution has functions that include promoting respect for the rights of cultural, religious, and linguistic communities?
Which institution has functions that include promoting respect for the rights of cultural, religious, 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
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Description
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.
