Validity of Chief Justice's Term Extension in South Africa

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Questions and Answers

According to the text, who is the presiding officer at the Judicial Service Commission's meetings?

  • The President of the Supreme Court of Appeal
  • One of the practicing advocates
  • The Judge President
  • The Chief Justice (correct)

According to the text, how many practicing attorneys are part of the Judicial Service Commission?

  • Four
  • Three
  • Two (correct)
  • One

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

  • The President (correct)
  • The Judge President
  • The Chief Justice
  • The National Assembly

According to the text, who exercises the final responsibility over the South African National Prosecuting Authority?

<p>The Minister of Justice (B)</p> Signup and view all the answers

According to Section 174, who can be appointed as judges of the Constitutional Court?

<p>Only South Africans (D)</p> Signup and view all the answers

What must be taken into account when appointing judicial officers, according to Section 174?

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

Who appoints the Chief Justice and Deputy Chief Justice, and how is it done?

<p>The President appoints after consultation with the JSC and NA (D)</p> Signup and view all the answers

According to Section 174(4) of the Constitution, who appoints the other Constitutional Court judges?

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

In terms of Section 174(5) of the Constitution, how many members of the Constitutional Court must have been judges?

<p>At least four members (D)</p> Signup and view all the answers

According to Section 174(6) of the Constitution, who appoints judges of all other courts?

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

In terms of Section 175(1) of the Constitution, who appoints the acting Deputy Chief Justice or judge of the Constitutional Court?

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

According to the text, how long is the term of office for a Constitutional Court judge?

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

According to the text, what happens if a Constitutional Court judge reaches the age of 70 before completing their 12-year term?

<p>They are discharged from active service (A)</p> Signup and view all the answers

According to the text, what is the maximum age at which a Chief Justice can continue to perform active service?

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

According to the text, what is the central issue to be determined in this case?

<p>The consistency of section 8(a) of the Act with section 176(1) of the Constitution (B)</p> Signup and view all the answers

According to Section 179 of the Prosecuting Authority, who has the power to institute criminal proceedings?

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

What must be observed in the prosecution process according to the National Director of Public Prosecutions (NDPP)?

<p>Policy directives issued by the Cabinet member responsible for the administration of justice (C)</p> Signup and view all the answers

What is the requirement for prosecutors when deciding whether or not to institute criminal proceedings against an accused?

<p>The availability of admissible evidence (D)</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 (C)</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 that the judge is guilty of gross misconduct (C)</p> Signup and view all the answers

What is the consequence if the Judicial Service Commission finds that a judge has committed gross misconduct?

<p>The judge is referred to Parliament for impeachment proceedings (C)</p> Signup and view all the answers

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

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

Who is responsible for removing a judge from office upon the adoption of a resolution calling for removal?

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

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