32 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 as described in the text?
Independent and impartial bodies, established to safeguard and promote democracy
What is the primary function of Chapter 9 Institutions in relation to legislation and executive actions?
Make findings and recommendations, and issue binding remedial action in some cases
To whom are Chapter 9 Institutions accountable?
National Assembly
What does standing regulate under section 38 of the Constitution?
Individuals' approach to court if their rights are infringed or threatened
What is the role of Amicus Curiae in court proceedings?
Assist with information or arguments as friends of the court
What does ripeness refer to in the context of bringing a matter to court?
Timing and actual dispute
What does mootness question in the context of bringing a matter to court?
Practical effect and redundancy
What are the stages involved in constitutional litigation?
Procedural, substantive, and remedy
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?
Two-stage analysis of whether discrimination has occurred and whether it is unfair
Which rights are guaranteed under section 15 of the Constitution?
Freedom of religion, conscience, thought, belief, and opinion
Who is responsible for managing elections and ensuring they are free and fair in South Africa?
The Electoral Commission
Which institution is mandated to promote respect for gender equality and investigate related issues in South Africa?
Commission for Gender Equality
Under which section of the Constitution is the Public Protector established in South Africa?
Section 182
Which institution is responsible for promoting 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
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
What can lead to the removal of a member from the state institutions supporting constitutional democracy in South Africa?
Misconduct, incapacity, or incompetence
Which institution in South Africa is responsible for promoting respect for human rights and monitoring their observance?
South African Human Rights Commission
What are the functions of the Commission for the Promotion and Protection of the Rights of Cultural and Linguistic Communities in South Africa?
Promoting respect for the rights of cultural, religious, and linguistic communities
What is the main function of the Electoral Commission in South Africa?
Managing elections and ensuring they are free and fair
What can the Public Protector's findings lead to in South Africa?
Binding remedial action
What determines who can bring a matter to court for adjudication in South Africa?
Elements such as standing, ripeness, and mootness
Under which section of the Constitution is the Commission for Gender Equality established in South Africa?
Section 187
What is the primary purpose of Section 38 of the South African Constitution?
To provide a mechanism for enforcing socio-economic rights
What does Section 172(1) of the Constitution allow in the context of constitutional litigation?
Severance, to remove parts of a law inconsistent with the Constitution
What is the significance of Section 167(6) of the South African Constitution?
It allows direct appeal to the Constitutional Court from any other Court
What does the Confirmation of Constitutional invalidity serve as in the context of constitutional litigation?
A form of appropriate relief
What is the primary purpose of Reading-in in constitutional litigation?
To keep a provision constitutionally permissible by adding words
What does Section 172(2)(a) of the Constitution empower?
The High Court, the Supreme Court of Appeal, or a court of a similar status to make an order of Constitutional invalidity
What is the role of Section 167(6) of the South African Constitution?
To allow direct appeal to the Constitutional Court from any other Court
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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