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Questions and Answers
According to Section 174, who can be appointed as judicial officers?
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?
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?
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?
According to the Constitution, who appoints judges of the Constitutional Court in South Africa?
Who provides a list of nominees for judicial appointment to the President of the Republic?
Who provides a list of nominees for judicial appointment to the President of the Republic?
How are judges of all other courts appointed in South Africa?
How are judges of all other courts appointed in South Africa?
Who appoints acting judges to other courts in South Africa?
Who appoints acting judges to other courts in South Africa?
According to section 177(1)(a) of the Constitution, a judge may be removed from office if:
According to section 177(1)(a) of the Constitution, a judge may be removed from office if:
Who has the authority to remove a judge from office?
Who has the authority to remove a judge from office?
What is the required majority vote for the National Assembly to resolve to remove a judge?
What is the required majority vote for the National Assembly to resolve to remove a judge?
Can the National Assembly rehear a complaint against a judge before resolving to remove them?
Can the National Assembly rehear a complaint against a judge before resolving to remove them?
Which of the following is NOT a member of the Judicial Service Commission (JSC) according to the text?
Which of the following is NOT a member of the Judicial Service Commission (JSC) according to the text?
What is the purpose of the National Prosecuting Authority (NPA) according to the text?
What is the purpose of the National Prosecuting Authority (NPA) according to the text?
Which section of the Constitution establishes the National Prosecuting Authority (NPA)?
Which section of the Constitution establishes the National Prosecuting Authority (NPA)?
Which of the following is NOT a component of the NPA structure according to the text?
Which of the following is NOT a component of the NPA structure according to the text?
According to the text, who has the power to institute and conduct criminal proceedings on behalf of the state?
According to the text, who has the power to institute and conduct criminal proceedings on behalf of the state?
What must be observed in the prosecution process, as determined by the National Director of Public Prosecutions?
What must be observed in the prosecution process, as determined by the National Director of Public Prosecutions?
Who exercises final responsibility over the prosecuting authority?
Who exercises final responsibility over the prosecuting authority?
What is required for a successful prosecution according to the prosecution policy?
What is required for a successful prosecution according to the prosecution policy?
According to the text, how long does a Constitutional Court judge hold office for?
According to the text, how long does a Constitutional Court judge hold office for?
According to the text, how long can a Chief Justice continue to perform active service after becoming eligible for discharge?
According to the text, how long can a Chief Justice continue to perform active service after becoming eligible for discharge?
According to the text, what is the maximum age at which a Chief Justice can attain before being discharged from active service?
According to the text, what is the maximum age at which a Chief Justice can attain before being discharged from active service?
According to the text, which section of the Act is inconsistent with the Constitution and invalid?
According to the text, which section of the Act is inconsistent with the Constitution and invalid?
Who appoints the President and Deputy President of the Supreme Court of Appeal (SCA)?
Who appoints the President and Deputy President of the Supreme Court of Appeal (SCA)?
What factor must be taken into account when appointing judicial officers?
What factor must be taken into account when appointing judicial officers?
Who can be appointed as judicial officers according to Section 174?
Who can be appointed as judicial officers according to Section 174?
According to section 176(1) of the Constitution, how long does a Constitutional Court judge hold office for?
According to section 176(1) of the Constitution, how long does a Constitutional Court judge hold office for?
What is the maximum age at which a Chief Justice can attain before being discharged from active service, according to the text?
What is the maximum age at which a Chief Justice can attain before being discharged from active service, according to the text?
Which section of the Act is declared inconsistent with the Constitution and invalid?
Which section of the Act is declared inconsistent with the Constitution and invalid?
According to the text, what is the required majority vote for the National Assembly to resolve to remove a judge?
According to the text, what is the required majority vote for the National Assembly to resolve to remove a judge?
According to the text, who appoints the National Director of Public Prosecutions (NDPP)?
According to the text, who appoints the National Director of Public Prosecutions (NDPP)?
According to the text, who has the power to institute and conduct criminal proceedings on behalf of the state?
According to the text, who has the power to institute and conduct criminal proceedings on behalf of the state?
According to the text, what must the National Director of Public Prosecutions (NDPP) assess when deciding whether or not to institute criminal proceedings?
According to the text, what must the National Director of Public Prosecutions (NDPP) assess when deciding whether or not to institute criminal proceedings?
According to the text, who exercises final responsibility over the prosecuting authority?
According to the text, who exercises final responsibility over the prosecuting authority?
Which body has the power to remove a judge from office in South Africa?
Which body has the power to remove a judge from office in South Africa?
Who has the authority to suspend a judge who is the subject of a procedure in terms of subsection (1) of section 177?
Who has the authority to suspend a judge who is the subject of a procedure in terms of subsection (1) of section 177?
What is the required majority vote of the National Assembly to resolve to remove a judge?
What is the required majority vote of the National Assembly to resolve to remove a judge?
What is the jurisdictional precondition for the National Assembly to contemplate a resolution to remove a judge?
What is the jurisdictional precondition for the National Assembly to contemplate a resolution to remove a judge?
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?
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?
Who appoints judges of all other courts in South Africa according to section 174(6) of the Constitution?
Who appoints judges of all other courts in South Africa according to section 174(6) of the Constitution?
According to section 175(1) of the Constitution, who makes the appointment of the acting Deputy Chief Justice or judge of the Constitutional Court?
According to section 175(1) of the Constitution, who makes the appointment of the acting Deputy Chief Justice or judge of the Constitutional Court?
According to section 178(2) of the Constitution, who appoints acting judges to other courts in South Africa?
According to section 178(2) of the Constitution, who appoints acting judges to other courts in South Africa?
According to the text, who is the presiding officer at the meetings of the Judicial Service Commission (JSC)?
According to the text, who is the presiding officer at the meetings of the Judicial Service Commission (JSC)?
According to the text, how many practicing advocates are members of the Judicial Service Commission (JSC)?
According to the text, how many practicing advocates are members of the Judicial Service Commission (JSC)?
According to the text, who appoints the members of the Judicial Service Commission (JSC) designated by the President?
According to the text, who appoints the members of the Judicial Service Commission (JSC) designated by the President?
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)?
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)?
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?
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?
According to Section 174 of the Constitution, who appoints the President and Deputy President of the Supreme Court of Appeal (SCA)?
According to Section 174 of the Constitution, who appoints the President and Deputy President of the Supreme Court of Appeal (SCA)?
According to Section 174 of the Constitution, who exercises final responsibility over the prosecuting authority?
According to Section 174 of the Constitution, who exercises final responsibility over the prosecuting authority?
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?
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?
Who has the authority to remove a judge from office?
Who has the authority to remove a judge from office?
According to the text, who appoints judges of all other courts in South Africa?
According to the text, who appoints judges of all other courts in South Africa?
According to section 175-APPOINTMENT OF ACTING JUDGES, who appoints acting judge to other courts?
According to section 175-APPOINTMENT OF ACTING JUDGES, who appoints acting judge to other courts?
According to section 179(1)(a) of the Constitution, who is the head of the prosecuting authority?
According to section 179(1)(a) of the Constitution, who is the head of the prosecuting authority?
According to section 179(3) of the Constitution, what qualifications must the Directors of Public Prosecutions (DPPs) have?
According to section 179(3) of the Constitution, what qualifications must the Directors of Public Prosecutions (DPPs) have?
According to the National Director of Public Prosecutions v Zuma case, what requirement must be met for a successful prosecution?
According to the National Director of Public Prosecutions v Zuma case, what requirement must be met for a successful prosecution?
According to section 179(6) of the Constitution, who has final responsibility over the prosecuting authority?
According to section 179(6) of the Constitution, who has final responsibility over the prosecuting authority?
According to section 177(1)(a) of the Constitution, a judge may be removed from office if:
According to section 177(1)(a) of the Constitution, a judge may be removed from office if:
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?
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?
According to the text, what is the required majority vote for the National Assembly to resolve to remove a judge?
According to the text, what is the required majority vote for the National Assembly to resolve to remove a judge?
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?
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?
According to Section 178(1) of the Constitution, which of the following is NOT a member of the Judicial Service Commission (JSC)?
According to Section 178(1) of the Constitution, which of the following is NOT a member of the Judicial Service Commission (JSC)?
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?
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?
According to Section 178(6) of the Constitution, how are decisions made by the Judicial Service Commission (JSC)?
According to Section 178(6) of the Constitution, how are decisions made by the Judicial Service Commission (JSC)?
According to Section 179(1) of the Constitution, who is the head of the National Prosecuting Authority (NPA)?
According to Section 179(1) of the Constitution, who is the head of the National Prosecuting Authority (NPA)?
According to section 176(1) of the Constitution, how long does a Constitutional Court judge hold office for?
According to section 176(1) of the Constitution, how long does a Constitutional Court judge hold office for?
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?
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?
According to section 8(a) of the Act, what can a Chief Justice do if they become eligible for discharge from active service?
According to section 8(a) of the Act, what can a Chief Justice do if they become eligible for discharge from active service?
According to the text, what is the maximum age at which a Chief Justice can attain before being discharged from active service?
According to the text, what is the maximum age at which a Chief Justice can attain before being discharged from active service?
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.
