Traffic Offences Administration Quiz

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Who has the authority to determine when an Act would enter into force?

The President

What authority does Parliament have regarding the commencement of a new Act?

Only Parliament has the authority to retract the proclamation and undo the commencement of the new Act.

Why was the presidential proclamation invalidated in the case mentioned?

It lacked a rational basis.

What happened to the 1998 Act as a result of the court's invalidation of the President's proclamation?

The 1998 Act was never put into operation. Signup and view all the answers

What Act continued in force after the invalidation of the 1998 Act?

The 1965 Act continued in force. Signup and view all the answers

What was the outcome for the 1998 Act after the court's decision?

The 1998 Act was subsequently repealed. Signup and view all the answers

What is the main focus of Chapter 3 in relation to legislation?

Determining if the legislation is in force and can be applied. Signup and view all the answers

Why is it necessary to distinguish between the adoption and promulgation of legislation?

To understand the processes required for draft legislation to become law, including public participation and assent. Signup and view all the answers

What happens after Parliament adopts a Bill?

The Act needs to be assented to and signed by the President. Signup and view all the answers

Why is it important to determine if legislation is actually in force?

Legislation not in force cannot be applied. Signup and view all the answers

What may be the consequence of not applying legislation that had commenced?

It may be just as costly. Signup and view all the answers

Where can the constitutional procedures for adopting Acts of Parliament and provincial Acts be found?

Chapters 4 and 6 of the Constitution. Signup and view all the answers

What is the significance of an unspecified commencement date in the context of the Children's Act 38 of 2005?

Some provisions will commence at later unspecified dates still to be proclaimed. Signup and view all the answers

When did the Children's Act 38 of 2005 actually commence in practical terms?

1 July 2007 Signup and view all the answers

What was the date of commencement of the Children's Act 38 of 2005 after it was amended by the Children’s Amendment Act 41 of 2007?

1 April 2010 Signup and view all the answers

What mix of commencement dates did the Constitution provide for itself in early 1997?

An interesting mix of commencement dates Signup and view all the answers

What is the general rule regarding the commencement of most of the provisions in Acts?

Most of the provisions commence on a fixed date. Signup and view all the answers

What does 'proclaimed' mean in the context of the commencement of provisions in Acts?

To make formally known Signup and view all the answers

When did section 17 of the Administrative Adjudication of Road Traffic Offences Act commence in Johannesburg?

1 November 2008 Signup and view all the answers

What was the consequence of Johannesburg Metro officials failing to implement AARTO in time?

Invalid traffic fines Signup and view all the answers

What action had to be taken regarding the fines that were incorrectly issued by the Metro police?

Unpaid fines had to be withdrawn and paid fines had to be refunded. Signup and view all the answers

What does the President's proclamation signify regarding the commencement of an Act?

It is the only requirement for the Act to commence. Signup and view all the answers

What specific legislation was incorrectly used by the Metro police to issue traffic fines?

Criminal Procedure Act Signup and view all the answers

What led to the massive financial losses for the Johannesburg Metro?

Invalid fines needing to be withdrawn and refunded. Signup and view all the answers

What did the court hold regarding the Minister's exercise of powers between the passage of the Act and its promulgation?

The Minister could only exercise his powers if necessary to put the enactment into operation at the date of commencement. Signup and view all the answers

According to R v Magana 1961 (2) SA 654 (T), what does 'bringing the law into operation' in section 14 of the Interpretation Act include?

It includes 'rendering it operative', i.e., making it possible for the Act to be applied fully. Signup and view all the answers

When was the Jurisdiction of Regional Courts Amendment Act 31 of 2008 published?

5 November 2008 Signup and view all the answers

Who was authorized to put the Jurisdiction of Regional Courts Amendment Act into operation?

The Minister of Justice and Constitutional Development Signup and view all the answers

What could the Minister enact to determine the areas of jurisdiction of the Regional Civil Courts?

Subordinate legislation Signup and view all the answers

When did the Minister publish the subordinate legislation regarding the areas of jurisdiction of the Regional Civil Courts?

29 July 2010 Signup and view all the answers