Tutorial 1

Question 1

True or False. The Doctors for Life v Speaker of the National Assembly case
served as the precedent for direct access to the constitutional court on all matters relating to the constitutionality of any legislation

Answer 1

False

Question 2

Transformative Constitutionalism, as a legal concept, tends to deal with
A. Substantive equality
B. Substantive justice
C. The interplay between morality, the law, and South Africa’s historical
context.
D. All the above

Answer 2

All the above

Question 2

Which section deals with the removal of judges? [1]
A. Section 174
B. Section 175
C. Section 178
D. None of the above

Answer 2

None of the above

Question 3

Which of the following is true in respect of the appointment of judges? [1]

A. The person does not need to be fit and proper but must be a South African
citizen in order to be appointed in the Constitutional Court

B. The appointment of judicial officers must take into account the gender and
racial composition of the republic

C. The JSC must provide and submit the name of a nominee and two extra
names to the president

D. All of the above

Answer 3

The appointment of judicial officers must take int account the gender and racial composition of the republic

Question 4

How long is the term of office for a Constitutional Court Judge?

A. The CC judge holds a renewable period of 12 years or until the age of 70,
whichever comes first, in terms of s 176

B. The CC judge holds a non-renewable period of 12 years or until the age of
75, whichever comes first, in terms of s 175

C. The CC judge holds a non-renewable period of 12 years or until the age of
70, whichever comes first, in terms of s 176

D. The CC judge holds a renewable period of 10 years or until the age of 70,
whichever comes first, in terms of s175

Answer 4

The CC judge holds a non-renewable period of 12 years or until the age of 70, whichever comes first, in terms of Sec 176

Question 4

In terms of Kibet and Fombad’s article ‘Transformative Constitutionalism and the Adjudication of Constitutional Rights in Africa’, the proportionality test entails that limitations of fundamental rights should only be limited were
A. The limitation is reasonable.
B. The limitation is justifiable
C. The limitation is cost-effective.
D. Both statements A and B are correct

Answer 4

Both statements A and B are correct

Question 5

Regarding section 179 when can a matter be prosecuted? Chose the most
accurate
A. When the NPA recommends the case.
B. After the investigation is completed
C. When the accused is identified
D. When the director of public prosecutions is satisfied that there is sufficient and admissible evidence to provide a reasonable prospect of a successful prosecution, there must be a reasonable prospect of a conviction

Answer 5

When the Director of Public Prosecutions is satisfied that there is sufficient and admissible evidence to provide a reasonable prospect of a successful prosecution, there must be a reasonable prospect of a conviction

Question 6

Who appoints the Chief Justice and deputy Chief Justice ?
A. The previous Chief Justice
B. The Minister of Justice
C. The majority of sitting Constitutional Court Judges
D. The President

Answer 6

The President as head of state after consulting the Judicial Service Commissionand the leaders of parties represented in the National Assembly

Question 7

In the Constitutional Court, how many judges must already have been judges at the time of their appointment to the Constitutional Court?
A. 4
B. 5
C. 3
D. There is no numerical requirement

Answer 7

4

Question 8

Can a judge be impeached for misconduct?
A. No.
B. Yes.
C. Yes, if there is overwhelming evidence
D. A judge cannot be impeached

Answer 8

No it must be gross misconduct

Question 9

What are the pertinent issues in the Cape Bar Council v Judicial Service
Commission case.
A. The issue of an intoxicated judge.
B. The Issue of failure to fill vacant positions despite there being eligible
candidates.
C. The composition of the Judicial Services Commission.
D. Both B and C

Answer 9

1) The issue of failure to fill vacant positions despite there being eligible candidates
2) The Composition of the Judicial Services Commission

Question 10

Can every teacher/academic form part of the JSC ? Select the most appropriate.
A. No.
B. Yes.
C. No, only a law teacher/academic.
D. Yes. The law is too important to leave to lawyers only.

Answer 10

No, only a law teacher/ academic

Question 10

Differentiate between the concepts of “Exclusive Jurisdiction” and “Concurrent
Jurisdiction”.

A. Exclusive Jurisdiction refers to the sole authority of a court to hear a
particular case or matter. Concurrent Jurisdiction refers to authority shared
by different courts to hear a particular case or matter.

B. Concurrent Jurisdiction refers to the sole authority of a committee to hear a
particular case or matter. Exclusive Jurisdiction refers to authority shared
by different courts to hear a particular case or matter.

C. Exclusive Jurisdiction refers to the sole authority of a court to hear a
particular case or matter. Concurrent Jurisdiction refers to authority shared
by different prosecutors to bring a particular case or matter to a court.

D. Concurrent Jurisdiction refers to the sole authority of a court to hear a
particular case or matter. Exclusive Jurisdiction refers to authority shared
by different courts to hear a particular case or matter

Answer 10

Exclusive jurisdiction refers to the sole authority of a court to hear a particular case or matter. Concurrent Jurisdiction refers to the authority shared by different courts to hear a particular case or matter

Question 11

In the SONKE GENDER JUSTICE NPC v PRESIDENT OF THE REPUBLIC OF
SOUTH AFRICA, which Court(s) had jurisdiction on the matter? Was the
jurisdiction exclusive or concurrent?
A. The Supreme Court of Appeal and the High Court had Concurrent
Jurisdiction.
B. The Constitutional Court had Exclusive Jurisdiction.
C. The High Court had Exclusive Jurisdiction.
D. The Constitutional Court and the High Court Concurrent Jurisdiction

Answer 11

The Constitutional Court and the High Court had Concurrent Jurisdiction

Question 12

If an applicant succeeds in proving the necessity of “…” the Constitutional Court may be approached directly as a court of first instance.
A. First Instance.
B. Constitutional Jurisdiction.
C. Direct Access.
D. Constitutionality.

Answer 12

Direct Access

Question 13

True or False - The Constitutional Court makes the final decision whether an Act
of Parliament, a provincial Act or conduct of the President is constitutional, and
must confirm any order of invalidity made by the Supreme Court of Appeal, the High Court of South Africa, or a court of similar status, before that order has any
force

Answer 13

True

Question 14

When does one have direct access to the Constitutional Court ?
A. When lower courts are too busy
B. When they have leave of the Constitutional Court
C. In the interest of justice
D. Both B and C.

Question 15

For the Constitutional Court to be properly constituted, how many judges must hear any matter?
A. 9
B. 8
C. 11
D. 6

Answer 15

8 Sec 167(2)

Question 16

TRUE OR FALSE, an order of the Constitutional Court can be overturned by the Supreme Court of Appeal, so long as the Constitutional Court grants permission
to appeal. Give a reason for your answer.

A. False, the Constitutional Court is the supreme judicial authority in South
Africa and its decisions cannot be overturned.

B. True, the Constitutional Court is the supreme judicial authority in South
Africa but its decisions can be appealed.

C. False, the Constitutional Court is the only one of the judicial authorities in
South Africa and its decisions can be overturned.

D. True, the Constitutional Court is the supreme judicial authority in South
Africa and its decisions cannot be overturned.

Answer 16

False, the Constitutional Court is the supreme judicial authority in South Africa and its decisions cannot be overturned

Question 17

Can the Supreme Court of Appeal hear constitutional matters?
A. Yes.
B. No.
C. There is no Supreme Court of Appeal after the 1996 Constitution.
D. B and C

Answer 17

No

Question 18

Select what is true

A. The Constitutional Court has exclusive jurisdiction to decide on the
constitutionality of any amendment to the Constitution.

B. The Constitutional Court has exclusive jurisdiction to decide that the
Parliament has failed to fulfil a constitutional obligation.

C. The Constitutional Court has exclusive jurisdiction to decide disputes
between organs of state in the national or provincial sphere concerning
the constitutional status, powers or functions of any of those organs of
state

D. All the above.

Answer 18

All of the above

Question 19

In Justice Alliance of South Africa v President of Republic of South Africa and Others, Freedom Under Law v President of Republic of South Africa and Others, Centre for Applied Legal Studies and Another v President of Republic of South Africa and Others the court declared

A. That the president appointing the Chief Justice violates the separation of
powers.

B. The President may extend the Chief Justice’s term of office indefinitely

C. That the President may impeach judges.

D. The decision of the President of the Republic of South Africa to request
the Chief Justice of South Africa to continue performing active service as
Chief Justice in terms of section 8(a) of the Judges’ Remuneration and
Conditions of Employment Act 47 of 2001 is inconsistent with the
Constitution and invalid, and the consequent extension of the term of
office of the Chief Justice is of no force and effect

Answer 19

The decision of the President of the Republic of South Africa to request the Chief Justice of South Africa to continue performing active service as Chief Justice in terms of section 8(a) of Judges Remuneration and Conditions of Employment Act 47 of 2001 is inconsistent with the Constitution and invalid, and the consequent extention of the term of office of the Chief Justice is of no force and effect

Question 20

In Justice Alliance of South Africa v President of Republic of South Africa and Others, Freedom Under Law v President of Republic of South Africa and Others, Centre for Applied Legal Studies and Another v President of Republic of South Africa and Others, direct access to the Constitutional court was denied.
A. True
B. False
C. The case was not in the Constitutional Court
D. The case did not deal with this issue.

Answer 20

False

Question 21

Zuma v Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State and Others deals with:
A. Contempt of Court
B. Direct access to the Constitutional Court
C. The rule of law
D. All the above.

Answer 21

All the above