Enforcement of Fundamental Human Rights

Question 1

Can fundamental human rights be affected by a statute of limitation?

Answer 1

Never

Question 2

What court has the jurisdiction for fundamental rights matters?

Answer 2

The state and federal high high court have concurrent jurisdiction

Question 3

Do fundamental rights processes require leave of court?

Answer 3

No - se chon 2(2) FREP

Question 4

What is the originating process for instituting a fundamental rights matter?

Answer 4

An originating motion

Question 5

What form accompanies a fundamental right application?

Answer 5

Form no.1 in the appendix

Question 6

A written address and counter affidavit should be filed within ….. Days of service of fundamental rights processes?

Answer 6

5 days

Question 7

A written address and further affidavit should be filed within ….. Days of service of counter affidavit in a fundamental rights procedure ?

Answer 7

5 days

Question 8

Service of processes should be between….

Answer 8

6am and 6pm

Question 9

The date for hearing of the application should be fixed within….

Answer 9

7 days of bringing an application

Question 10

Can you amend an affidavit?

Answer 10

Nope. You have to withdraw the old one and file a better affidavit

Question 11

When an application for amendment of processes is granted, it must be done within….

Answer 11

5 days or it will be deemed abandoned

Question 12

What is an order of mandamus?

Answer 12

An order compelling a public officer to act

Question 13

What is an order of certiorari?

Answer 13

An order to quash the decision of a court, administrative body, or tribunal where it acts in excess of its power