Transportation of Human Remains Regulations Quiz

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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 Signup and view all the answers

What is the highest legislative body in South Africa?

Parliament Signup and view all the answers

What authority allows the courts to review Acts of Parliament against the Constitution?

Legislative authority of the current Parliament Signup and view all the answers

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. Signup and view all the answers

What issues, apart from legal regulations, are involved in the process of exhumation and reburial?

Cultural and emotional issues Signup and view all the answers

What legislation was promulgated by the former Transkei for its territory in 1983?

Transkei Penal Code Act 9 of 1983 Signup and view all the answers

When did the Transkei once again become part of South Africa?

1994 Signup and view all the answers

What Act repealed the Transvaal Local Government Ordinance 17 of 1939 for Gauteng?

Gauteng Local Government Laws Amendment Act 1 of 2006 Signup and view all the answers

What document could be used for burials outside municipalities in the Transvaal region?

Transvaal Cemetery Ordinance 8 of 1932 Signup and view all the answers

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 Signup and view all the answers

What does section 156(2) of the Constitution empower local governments to do?

Make by-laws Signup and view all the answers

How is old order legislation defined in the Constitution?

Any legislation enacted before the interim Constitution took effect on 27 April 1994 Signup and view all the answers

What is the significance of sections 44, 104, and 156 of the Constitution?

They mention assigned legislation Signup and view all the answers

How does the Constitution distinguish between old order legislation and legislation since 1994?

Item 1 of Schedule 6 of the Constitution makes this distinction Signup and view all the answers

What are some of the instruments of subordinate legislation mentioned in the Constitution?

Proclamations, regulations, and other instruments of subordinate legislation Signup and view all the answers

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. Signup and view all the answers

Who is empowered to change, replace, or add to Schedules 2 and 4 of the Act?

The Minister, after consulting NEDLAC. Signup and view all the answers

When did section 207 of the Act come into effect?

1 January 1996. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

Who must the Minister consult before making regulations as per the Act?

NEDLAC and, when appropriate, the Commission. Signup and view all the answers

What happens to any law, including the common law, if it is inconsistent with the Constitution?

It is declared invalid. Signup and view all the answers

How are repeals and amendments of an Act typically done?

By means of another Act. Signup and view all the answers

What is the significance of the Constitution in terms of hierarchy of laws?

The Constitution is the highest law in the land. Signup and view all the answers

How do some lawyers view the Roman-Dutch common law in relation to the Constitution?

Some lawyers believe it is sacrosanct and untouchable. Signup and view all the answers