South African State Institutions Quiz
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Questions and Answers

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?

  • 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?

  • 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?

    <p>The National Assembly</p> Signup and view all the answers

    What does standing require according to section 38 of the Constitution?

    <p>Demonstrating interest in the matter</p> Signup and view all the answers

    What do Amicus Curiae do in court proceedings?

    <p>Assist with information or arguments</p> Signup and view all the answers

    What does ripeness refer to in court matters?

    <p>Timing of a matter brought to court</p> Signup and view all the answers

    What is mootness in the context of court intervention?

    <p>Questioning the practical effect of bringing a matter to court</p> Signup and view all the answers

    What are the stages involved in constitutional litigation?

    <p>Procedural, substantive, and remedy stages</p> Signup and view all the answers

    What does the right to equality encompass?

    <p>Formal, corrective, and substantive equality</p> Signup and view all the answers

    Which sections of the constitution are crucial in establishing formal equality, promoting substantive equality, and preventing unfair discrimination?

    <p>Sections 9(1), 9(2), and 9(3)</p> Signup and view all the answers

    What does the test for unfair discrimination involve?

    <p>A two-stage analysis</p> Signup and view all the answers

    Which rights are guaranteed under section 15 of the Constitution?

    <p>Freedom of religion, conscience, thought, belief, and opinion</p> Signup and view all the answers

    What type of observances does Section 15 allow at state institutions under certain conditions?

    <p>Religious observances</p> Signup and view all the answers

    What does the notion of 'reasonable accommodation' require in relation to the exercise of rights?

    <p>Positive measures to allow all to exercise their rights equally</p> Signup and view all the answers

    What does Section 16 guarantee in terms of freedom of expression?

    <p>Freedom of expression, including press freedom, information exchange, and academic freedom</p> Signup and view all the answers

    Which of the following is a limitation to freedom of expression as per the text?

    <p>Propaganda for war</p> Signup and view all the answers

    What does Section 58 grant to members of parliament for statements made during parliamentary proceedings?

    <p>Absolute privilege</p> Signup and view all the answers

    What does the prohibition on corporal punishment not infringe on?

    <p>The right to freedom of religion, belief, and opinion</p> Signup and view all the answers

    What does legislation allow in terms of marriages and personal/family law?

    <p>Recognition under any tradition or religion</p> Signup and view all the answers

    What is required in terms of socio-economic rights according to the text?

    <p>The state to respect, protect, promote, and fulfill the rights in the Bill of Rights</p> Signup and view all the answers

    What has socio-economic rights litigation been valuable in ensuring?

    <p>Access to sufficient water</p> Signup and view all the answers

    What must schools take to ensure all students can exercise their right to religion equally?

    <p>Positive measures</p> Signup and view all the answers

    What does the right to religious observance require in terms of application?

    <p>Equitable and voluntary application</p> Signup and view all the answers

    What does the notion of 'reasonable accommodation' require in relation to the exercise of rights?

    <p>Positive measures to allow all to exercise their rights equally</p> Signup and view all the answers

    Which court held that the policy of restricting the prescription and use of nevirapine was inconsistent with the Constitution?

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

    What did the Court order regarding the restriction on nevirapine?

    <p>The restriction be removed</p> Signup and view all the answers

    Which court held that Mr. Soobramoney could not rely on the right to emergency healthcare?

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

    What does Section 38 of the Constitution provide for?

    <p>Enforcement of rights</p> Signup and view all the answers

    Which court has the authority to make orders concerning the Constitutional invalidity of a parliamentary or provincial Bill/Act?

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

    What does Section 167(6) of the Constitution allow for?

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

    What is a form of appropriate relief in cases of Constitutional invalidity?

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

    What does Section 172(1) of the Constitution allow for?

    <p>Reading in</p> Signup and view all the answers

    Which court can make an order of Constitutional invalidity?

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

    What is the purpose of severance in cases of Constitutional invalidity?

    <p>To remove inconsistent parts of a law</p> Signup and view all the answers

    What does Section 172(2)(a) of the Constitution allow for?

    <p>Confirmation of Constitutional invalidity by the Constitutional Court</p> Signup and view all the answers

    What does Section 167(6) of the Constitution allow for in the context of appeals?

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

    Who is responsible for managing elections and ensuring they are free and fair in South Africa?

    <p>The Electoral Commission</p> Signup and view all the answers

    Which institution is primarily tasked with investigating improper conduct in state affairs and taking remedial action?

    <p>The Public Protector</p> Signup and view all the answers

    Which institution promotes respect for the rights of cultural, religious, and linguistic communities in South Africa?

    <p>Commission for the Promotion and Protection of the Rights of Cultural and Linguistic Communities</p> Signup and view all the answers

    Which institution is responsible for promoting respect for gender equality and investigating related issues in South Africa?

    <p>Commission for Gender Equality</p> Signup and view all the answers

    Which institution is established under section 184 of the South African Constitution?

    <p>South African Human Rights Commission</p> Signup and view all the answers

    Who has the authority to make appointments to the State Institutions Supporting Constitutional Democracy in South Africa?

    <p>The President on recommendation from the national assembly</p> Signup and view all the answers

    On what grounds can a member be removed from the State Institutions Supporting Constitutional Democracy in South Africa?

    <p>Misconduct, incapacity, or incompetence</p> Signup and view all the answers

    Which elements determine who can bring a matter to court for adjudication in constitutional litigation?

    <p>Standing, ripeness, and mootness</p> Signup and view all the answers

    Which institution's findings can lead to binding remedial action in South Africa?

    <p>The Public Protector</p> Signup and view all the answers

    Which institution is primarily responsible for promoting respect for human rights and monitoring their observance in South Africa?

    <p>South African Human Rights Commission</p> Signup and view all the answers

    Under which section of the Constitution is the Commission for Gender Equality established?

    <p>Section 187</p> Signup and view all the answers

    Which institution has functions that include promoting respect for the rights of cultural, religious, and linguistic communities?

    <p>Commission for the Promotion and Protection of the Rights of Cultural and Linguistic Communities</p> Signup and view all the answers

    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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    State Institutions Supporting Constitutional Democracy PDF

    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.

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