Modes of Enforcement

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11 Questions

Which court is considered the court of first and final instance in cases of alleged infringement of rights?

Constitutional Court

Under what circumstances can a person bring a matter directly to the Constitutional Court?

When it is in the interest of justice and with leave of the Constitutional Court

Which court can a person appeal directly to the Constitutional Court from?

Supreme Court of Appeal

Which court has jurisdiction over all constitutional matters except those falling within the exclusive jurisdiction of the Constitutional Court?

The Supreme Court of Appeal

According to section 172(1), what can a court do when deciding a constitutional matter within its power?

Both A and B

When is severance appropriate for declaring a provision invalid?

Both A and B

What is the purpose of reading in a provision instead of declaring it invalid?

To uphold the separation of powers

Which court case restrictively interpreted a provision in order to conform with the Constitution?

Minister of Home Affairs and Another v Fourie and Another

Which section of the Magistrates’ Court Act was discussed in the Jaftha v Schoeman case?

Section 66(1)(a)

Which case introduced the concept of constitutional damages?

Fose v Minister of Safety and Security 1997 (3) SA 786; 1997 (7) BCLR 851 (CC)

Which section allows the court to limit the effect of retrospectivity?

Section 172(1)(b)

Test your knowledge on the modes of enforcement of rights with this quiz. Explore the importance of consensual compliance and the role of the courts in upholding the rule of law and constitutionalism.

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