Validity of Chief Justice's Term Extension in South Africa

LucrativeToucan avatar
LucrativeToucan
·
·
Download

Start Quiz

Study Flashcards

23 Questions

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

The Chief Justice

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

Two

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

The President

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

The Minister of Justice

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

Only South Africans

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

Gender and racial representation

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

The President appoints after consultation with the JSC and NA

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

The President of the Republic

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

At least four members

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

The President of the Republic

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

The President of the Republic

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

12 years

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

They are discharged from active service

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

75 years

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

The consistency of section 8(a) of the Act with section 176(1) of the Constitution

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

The National Director of Public Prosecutions

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

Policy directives issued by the Cabinet member responsible for the administration of justice

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

The availability of admissible evidence

Who exercises final responsibility over the prosecuting authority?

The Cabinet member responsible for the administration of justice

According to section 177(1)(a) of the Constitution, a judge may be removed from office if:

The Judicial Service Commission finds that the judge is guilty of gross misconduct

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

The judge is referred to Parliament for impeachment proceedings

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

Two-thirds majority

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

The President of the Republic

Constitutional Quiz: Is the Extension of the Chief Justice's Term in South Africa Valid?

Make Your Own Quizzes and Flashcards

Convert your notes into interactive study material.

Get started for free

More Quizzes Like This

Use Quizgecko on...
Browser
Browser