14 Questions
Match the following cases with their respective concerns about socio-economic rights:
Minister of Health and Others v Treatment Action Campaign = Guaranteeing access to health care Soobramoney v Minister of Health (Kwa-Zulu Natal) = Refusal of service due to lack of resources
Match the following constitutional provisions with their respective rights:
Section 10 = Dignity Section 24 = Environment Section 11 = Life Section 9 = Equality
Match the following enforcement mechanisms with their descriptions:
Section 38 of the Constitution = Allows approach to a competent court for relief Section 167(6) of the Constitution = Allows direct access to the Constitutional court Section 172(1) of the Constitution = Provides for severance and reading in Section 172(2)(a) of the Constitution = Allows High Court to make order of Constitutional invalidity
Match the following Chapter 9 Institutions with their primary roles:
The Public Protector = Contributing to accountable government/Monitoring the government The South African Human Rights Commission = Transforming South Africa into a society in which social justice prevails The Commission for Gender Equality = Contributing to accountable government/Monitoring the government The Auditor General = Transforming South Africa into a society in which social justice prevails
Match the following Chapter 9 Institutions with their functions:
The Commission for the Promotion and Protection of the Rights of Cultural Religious and Linguistic Communities = Safeguard and promote democracy The Electoral Commission = Realising the state’s duty to realise individual rights The Public Protector = Make findings and recommendations The Commission for Gender Equality = Safeguard and promote democracy
Match the following legal concepts with their descriptions:
Standing = Regulated under section 38 of the Constitution, allowing individuals to approach a court if their rights are infringed or threatened 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 Amicus Curiae = Friends of the court who assist with information or arguments and are not parties to the proceedings
Match the following legal stages with their descriptions:
Procedural stage = Involves determining jurisdiction and the scope of rights Substantive stage = Involves determining potential remedies and the scope of rights Remedy stage = Involves determining potential remedies and the scope of rights Constitutional litigation = Involves procedural, substantive, and remedy stages
Match the following concepts of equality with their descriptions:
Formal equality = Encompasses the right to freedom of religion, conscience, thought, belief, and opinion Corrective equality = Promotes substantive equality and prevents unfair discrimination Substantive equality = Promotes substantive equality and prevents unfair discrimination Direct and indirect discrimination = Involves a two-stage analysis, considering whether discrimination has occurred and whether it is unfair
Match the following constitutional sections with their purposes:
Section 9(1) = Establishes formal equality Section 9(2) = Promotes substantive equality Section 9(3) = Prevents unfair discrimination Section 15 = Guarantees the right to freedom of religion, conscience, thought, belief, and opinion
Match the following South African institutions with their functions:
South African Human Rights Commission = Promoting respect for human rights and monitoring their observance Commission for Gender Equality = Promoting respect for gender equality and investigating related issues Commission for the Promotion and Protection of the Rights of Cultural and Linguistic Communities = Promoting respect for the rights of cultural, religious, and linguistic communities Electoral Commission = Managing elections and ensuring they are free and fair
Match the following South African institutions with their establishment section in the Constitution:
South African Human Rights Commission = Section 184 Commission for Gender Equality = Section 187 Commission for the Promotion and Protection of the Rights of Cultural and Linguistic Communities = Section 185 Electoral Commission = Section 190
Match the following functions with the South African institutions:
Promoting respect for human rights and monitoring their observance = South African Human Rights Commission Promoting respect for gender equality and investigating related issues = Commission for Gender Equality 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 Managing elections and ensuring they are free and fair = Electoral Commission
Match the following functions with the South African institutions:
Investigating improper conduct in state affairs and taking remedial action = The Public Protector Promoting respect for gender equality and investigating related issues = Commission for Gender Equality Managing elections and ensuring they are free and fair = Electoral Commission 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
Match the following South African institutions with their primary focus area:
South African Human Rights Commission = Human rights Commission for Gender Equality = Gender equality Commission for the Promotion and Protection of the Rights of Cultural and Linguistic Communities = Cultural, religious, and linguistic communities Electoral Commission = Elections and fairness
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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