The Chief Justice's Term Extension in South Africa
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Questions and Answers

According to Section 174, who can be appointed as judicial officers?

  • Fit and proper women or men
  • Fit and proper women or men from any nationality
  • Only South Africans
  • Fit and proper women or men who are South Africans (correct)

    • What must be taken into account when appointing judicial officers?

  • Gender and racial representation (correct)
  • Nationality
  • Fit and proper qualifications
  • Experience in the legal field

    • Who appoints the Chief Justice and Deputy Chief Justice?

  • The JSC
  • The Constitutional Court
  • The SCA
  • The President after consultation with the JSC and NA (correct)

    • According to the Constitution, who appoints judges of the Constitutional Court in South Africa?

    <p>The President of the Republic</p> Signup and view all the answers

    Who provides a list of nominees for judicial appointment to the President of the Republic?

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

    How are judges of all other courts appointed in South Africa?

    <p>By the Judicial Service Commission</p> Signup and view all the answers

    Who appoints acting judges to other courts in South Africa?

    <p>The Cabinet minister responsible for the administration of justice</p> Signup and view all the answers

    According to section 177(1)(a) of the Constitution, a judge may be removed from office if:

    <p>The judge is guilty of gross misconduct</p> Signup and view all the answers

    Who has the authority to remove a judge from office?

    <p>The President of the Republic</p> Signup and view all the answers

    What is the required majority vote for the National Assembly to resolve to remove a judge?

    <p>Two-thirds majority</p> Signup and view all the answers

    Can the National Assembly rehear a complaint against a judge before resolving to remove them?

    <p>No, they cannot rehear the complaint</p> Signup and view all the answers

    Which of the following is NOT a member of the Judicial Service Commission (JSC) according to the text?

    <p>Minister of Justice</p> Signup and view all the answers

    What is the purpose of the National Prosecuting Authority (NPA) according to the text?

    <p>To prosecute criminal cases</p> Signup and view all the answers

    Which section of the Constitution establishes the National Prosecuting Authority (NPA)?

    <p>Section 179</p> Signup and view all the answers

    Which of the following is NOT a component of the NPA structure according to the text?

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

    According to the text, who has the power to institute and conduct criminal proceedings on behalf of the state?

    <p>The National Director of Public Prosecutions</p> Signup and view all the answers

    What must be observed in the prosecution process, as determined by the National Director of Public Prosecutions?

    <p>Policy directives</p> Signup and view all the answers

    Who exercises final responsibility over the prosecuting authority?

    <p>The Cabinet member responsible for the administration of justice</p> Signup and view all the answers

    What is required for a successful prosecution according to the prosecution policy?

    <p>Sufficient and admissible evidence</p> Signup and view all the answers

    According to the text, how long does a Constitutional Court judge hold office for?

    <p>12 years</p> Signup and view all the answers

    According to the text, how long can a Chief Justice continue to perform active service after becoming eligible for discharge?

    <p>Until the age of 75</p> Signup and view all the answers

    According to the text, what is the maximum age at which a Chief Justice can attain before being discharged from active service?

    <p>75 years</p> Signup and view all the answers

    According to the text, which section of the Act is inconsistent with the Constitution and invalid?

    <p>Section 8(a)</p> Signup and view all the answers

    Who appoints the President and Deputy President of the Supreme Court of Appeal (SCA)?

    <p>The President of the Republic</p> Signup and view all the answers

    What factor must be taken into account when appointing judicial officers?

    <p>Gender and racial representation</p> Signup and view all the answers

    Who can be appointed as judicial officers according to Section 174?

    <p>Fit and proper and appropriately qualified women or men</p> Signup and view all the answers

    According to section 176(1) of the Constitution, how long does a Constitutional Court judge hold office for?

    <p>12 years</p> Signup and view all the answers

    What is the maximum age at which a Chief Justice can attain before being discharged from active service, according to the text?

    <p>75 years</p> Signup and view all the answers

    Which section of the Act is declared inconsistent with the Constitution and invalid?

    <p>Section 8(a)</p> Signup and view all the answers

    According to the text, what is the required majority vote for the National Assembly to resolve to remove a judge?

    <p>Two-thirds majority</p> Signup and view all the answers

    According to the text, who appoints the National Director of Public Prosecutions (NDPP)?

    <p>The President</p> Signup and view all the answers

    According to the text, who has the power to institute and conduct criminal proceedings on behalf of the state?

    <p>The National Director of Public Prosecutions</p> Signup and view all the answers

    According to the text, what must the National Director of Public Prosecutions (NDPP) assess when deciding whether or not to institute criminal proceedings?

    <p>Sufficient and admissible evidence</p> Signup and view all the answers

    According to the text, who exercises final responsibility over the prosecuting authority?

    <p>The Cabinet member responsible for the administration of justice</p> Signup and view all the answers

    Which body has the power to remove a judge from office in South Africa?

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

    Who has the authority to suspend a judge who is the subject of a procedure in terms of subsection (1) of section 177?

    <p>The President of the Republic</p> Signup and view all the answers

    What is the required majority vote of the National Assembly to resolve to remove a judge?

    <p>Two-thirds majority</p> Signup and view all the answers

    What is the jurisdictional precondition for the National Assembly to contemplate a resolution to remove a judge?

    <p>Finding of gross misconduct</p> Signup and view all the answers

    According to section 174(4)(a) of the Constitution, how many extra names must the Judicial Service Commission (JSC) provide in addition to the name of the nominee for appointment as a judge?

    <p>Three extra names</p> Signup and view all the answers

    Who appoints judges of all other courts in South Africa according to section 174(6) of the Constitution?

    <p>The President of the Republic</p> Signup and view all the answers

    According to section 175(1) of the Constitution, who makes the appointment of the acting Deputy Chief Justice or judge of the Constitutional Court?

    <p>The President</p> Signup and view all the answers

    According to section 178(2) of the Constitution, who appoints acting judges to other courts in South Africa?

    <p>The Cabinet member responsible for the administration of justice</p> Signup and view all the answers

    According to the text, who is the presiding officer at the meetings of the Judicial Service Commission (JSC)?

    <p>Chief Justice</p> Signup and view all the answers

    According to the text, how many practicing advocates are members of the Judicial Service Commission (JSC)?

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

    According to the text, who appoints the members of the Judicial Service Commission (JSC) designated by the President?

    <p>The President</p> Signup and view all the answers

    According to the text, who serves on behalf of the Chief Justice and President of the Supreme Court of Appeal in their absence on the Judicial Service Commission (JSC)?

    <p>Deputy Chief Justice</p> Signup and view all the answers

    According to Section 174 of the Constitution, who has the authority to suspend a judge who is the subject of a procedure in terms of subsection (1) of section 177?

    <p>The Judicial Service Commission (JSC)</p> Signup and view all the answers

    According to Section 174 of the Constitution, who appoints the President and Deputy President of the Supreme Court of Appeal (SCA)?

    <p>The President</p> Signup and view all the answers

    According to Section 174 of the Constitution, who exercises final responsibility over the prosecuting authority?

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

    According to section 174(4)(a) of the Constitution, how many extra names must the Judicial Service Commission (JSC) provide in addition to the name of the nominee for appointment as a judge?

    <p>Three extra names</p> Signup and view all the answers

    Who has the authority to remove a judge from office?

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

    According to the text, who appoints judges of all other courts in South Africa?

    <p>The President of the Republic</p> Signup and view all the answers

    According to section 175-APPOINTMENT OF ACTING JUDGES, who appoints acting judge to other courts?

    <p>The Cabinet minister responsible for the administration of justice</p> Signup and view all the answers

    According to section 179(1)(a) of the Constitution, who is the head of the prosecuting authority?

    <p>The National Director of Public Prosecutions (NDPP)</p> Signup and view all the answers

    According to section 179(3) of the Constitution, what qualifications must the Directors of Public Prosecutions (DPPs) have?

    <p>They must be appropriately qualified</p> Signup and view all the answers

    According to the National Director of Public Prosecutions v Zuma case, what requirement must be met for a successful prosecution?

    <p>Reasonable prospect of a conviction</p> Signup and view all the answers

    According to section 179(6) of the Constitution, who has final responsibility over the prosecuting authority?

    <p>The Cabinet member responsible for the administration of justice</p> Signup and view all the answers

    According to section 177(1)(a) of the Constitution, a judge may be removed from office if:

    <p>The Judicial Service Commission finds the judge suffers from an incapacity</p> Signup and view all the answers

    According to section 177(2) of the Constitution, who must remove a judge from office upon adoption of a resolution calling for that judge to be removed?

    <p>The President</p> Signup and view all the answers

    According to the text, what is the required majority vote for the National Assembly to resolve to remove a judge?

    <p>Two-thirds majority</p> Signup and view all the answers

    According to section 178(2) of the Constitution, who has the authority to suspend a judge who is the subject of a procedure in terms of subsection (1) of section 177?

    <p>The President</p> Signup and view all the answers

    According to Section 178(1) of the Constitution, which of the following is NOT a member of the Judicial Service Commission (JSC)?

    <p>A practicing attorney</p> Signup and view all the answers

    According to Section 178(2) of the Constitution, when must the President appoint members of the Judicial Service Commission (JSC) without consultation with relevant members of the profession?

    <p>When there are no suitable candidates nominated by the profession</p> Signup and view all the answers

    According to Section 178(6) of the Constitution, how are decisions made by the Judicial Service Commission (JSC)?

    <p>By a majority vote of its members</p> Signup and view all the answers

    According to Section 179(1) of the Constitution, who is the head of the National Prosecuting Authority (NPA)?

    <p>The National Director of Public Prosecutions (NDPP)</p> Signup and view all the answers

    According to section 176(1) of the Constitution, how long does a Constitutional Court judge hold office for?

    <p>12 years</p> Signup and view all the answers

    According to section 4 of the Judges’ Remuneration and Conditions of Employment Act2 (Act), what happens if a Constitutional Court judge's 12-year term of office expires or they reach the age of 70 before completing 15 years’ active service?

    <p>They must continue in office until the completion of 15 years’ active service or until they reach the age of 75 years, whichever is sooner</p> Signup and view all the answers

    According to section 8(a) of the Act, what can a Chief Justice do if they become eligible for discharge from active service?

    <p>Continue to perform active service as Chief Justice for a period determined by the President, not extending beyond the age of 75 years</p> Signup and view all the answers

    According to the text, what is the maximum age at which a Chief Justice can attain before being discharged from active service?

    <p>75 years</p> Signup and view all the answers

    Study Notes

    Judicial Officers

    • Section 174 of the Constitution states that any appropriately qualified person can be appointed as a judicial officer.
    • The President, in consultation with the Judicial Service Commission (JSC), appoints the Chief Justice and Deputy Chief Justice.
    • The President, on the advice of the JSC, appoints judges of the Constitutional Court.

    Judicial Service Commission (JSC)

    • The JSC provides a list of nominees for judicial appointment to the President.
    • The President appoints the members of the JSC designated by the President.
    • The Chief Justice and President of the Supreme Court of Appeal serve on the JSC.
    • In their absence, the Deputy Chief Justice and Deputy President of the Supreme Court of Appeal serve on the JSC.
    • The JSC has a presiding officer who is the Chief Justice or, in their absence, the Deputy Chief Justice.

    Removal of Judges

    • A judge can be removed from office if they are found guilty of misconduct, are incapacitated, or are grossly incompetent.
    • The National Assembly has the authority to remove a judge from office.
    • A two-thirds majority vote is required in the National Assembly to resolve to remove a judge.
    • The National Assembly can rehear a complaint against a judge before resolving to remove them.

    National Prosecuting Authority (NPA)

    • The NPA is established by Section 179 of the Constitution.
    • The National Director of Public Prosecutions (NDPP) has the power to institute and conduct criminal proceedings on behalf of the state.
    • The NDPP must assess the evidence, the public interest, and any other relevant factors when deciding whether to institute criminal proceedings.
    • The Prosecuting Authority is accountable to the NDPP.

    Prosecution Policy

    • A successful prosecution requires that the prosecution is authorized by the NDPP, that the accused has been informed of the charges, and that the prosecution is conducted in accordance with the law.
    • The NDPP must ensure that the prosecution process is fair, objective, and transparent.

    Terms of Office and Age Limits

    • Constitutional Court judges hold office for a non-renewable term of 12 years or until they reach the age of 70.
    • A Chief Justice can continue to perform active service until they reach the age of 75.
    • The maximum age at which a Chief Justice can attain before being discharged from active service is 75.

    Inconsistent Act Provisions

    • Section 4 of the Judges' Remuneration and Conditions of Employment Act is inconsistent with the Constitution and invalid.

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    Description

    Quiz: Validity of the Chief Justice's Term Extension in South Africa Test your knowledge on the constitutional validity of the President's decision to extend the term of the Chief Justice in South Africa. Explore the legal implications of this controversial move and assess its consistency with the country's Constitution.

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