30 Questions
What are the two ways in which the original law-making powers of the elected deliberative legislatures are derived from the Constitution?
Directly and indirectly
Which bodies derive their law-making powers directly from the Constitution?
Parliament, provincial legislatures, and municipalities
What are the additional legislative powers assigned by Acts of Parliament to provincial legislatures?
Assigned by Acts of Parliament (ss 44(1)(a)(iii) and 104(1)(b)(iii))
How has the composition of Parliament changed over the years from 1910 to 1994?
House of Assembly, Senate, House of Assembly, House of Representatives, House of Delegates, President’s Council, National Assembly, National Council of Provinces
What is the highest legislative body in South Africa?
Parliament
What authority allows the courts to review Acts of Parliament against the Constitution?
Legislative authority of the current Parliament
What are some of the national and provincial legislation that may regulate the transportation of human remains in South Africa?
Regulations made by the Minister of Health in terms of s 68 of the National Health Act 61 of 2003; s 6(2)(dA) of the Extension of Security of Tenure Act 62 of 1997; the Births and Deaths Registration Act 51 of 1992; the Transvaal Cemetery Ordinance 8 of 1932; the Transvaal Local Government Ordinance 17 of 1939, etc.
What issues, apart from legal regulations, are involved in the process of exhumation and reburial?
Cultural and emotional issues
What legislation was promulgated by the former Transkei for its territory in 1983?
Transkei Penal Code Act 9 of 1983
When did the Transkei once again become part of South Africa?
1994
What Act repealed the Transvaal Local Government Ordinance 17 of 1939 for Gauteng?
Gauteng Local Government Laws Amendment Act 1 of 2006
What document could be used for burials outside municipalities in the Transvaal region?
Transvaal Cemetery Ordinance 8 of 1932
What are the different types of legislation mentioned in the Constitution?
National and provincial legislation; proclamations, regulations and other instruments of subordinate legislation; assigned legislation; old order legislation; legislation in the new constitutional order since 1994; and municipal by-laws
What does section 156(2) of the Constitution empower local governments to do?
Make by-laws
How is old order legislation defined in the Constitution?
Any legislation enacted before the interim Constitution took effect on 27 April 1994
What is the significance of sections 44, 104, and 156 of the Constitution?
They mention assigned legislation
How does the Constitution distinguish between old order legislation and legislation since 1994?
Item 1 of Schedule 6 of the Constitution makes this distinction
What are some of the instruments of subordinate legislation mentioned in the Constitution?
Proclamations, regulations, and other instruments of subordinate legislation
What is the purpose of including purpose and interpretation clauses in post-1994 legislation?
To give an immediate overall picture of what the Act wants to achieve and help explain the purpose of the Act.
Who is empowered to change, replace, or add to Schedules 2 and 4 of the Act?
The Minister, after consulting NEDLAC.
When did section 207 of the Act come into effect?
1 January 1996.
What is the role of the Constitution in relation to the Roman-Dutch common law?
The Constitution is the highest law in the land, and any law inconsistent with it is invalid.
What can the Minister do in terms of making regulations not inconsistent with the Act?
Make regulations relating to matters that may or must be prescribed and necessary matters to achieve the primary objects of the Act.
How should the courts develop the common law in light of the Constitution?
Courts must promote the spirit, purport, and objects of the Bill of Rights.
In the case of Carmichele v Minister of Safety and Security, what did the Constitutional Court emphasize?
The court stressed the obligation to develop the common law in view of the Constitution.
Who must the Minister consult before making regulations as per the Act?
NEDLAC and, when appropriate, the Commission.
What happens to any law, including the common law, if it is inconsistent with the Constitution?
It is declared invalid.
How are repeals and amendments of an Act typically done?
By means of another Act.
What is the significance of the Constitution in terms of hierarchy of laws?
The Constitution is the highest law in the land.
How do some lawyers view the Roman-Dutch common law in relation to the Constitution?
Some lawyers believe it is sacrosanct and untouchable.
Test your knowledge on the regulations governing the transportation of human remains across different provinces in South Africa. Explore legislation such as the National Health Act and the Extension of Security of Tenure Act.
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