Tutorial 4 Flashcards
State whether the following is true or false. According to section 15 of the
Constitution, no one may follow a religion.
(a) True, as South Africa does not have a state religion they also prohibit
citizens from having a religion.
(b) False, only two religions are recognised in South Africa.
(c) False, South Africans have freedom of religion.
(d) None of the above.
C- False, South Africans have freedom of religion
According to the case of MEC Education v Pillay 2008 (1) SA 474 (CC) with
regards to reasonable accommodation in the context of religion the court held
that?
(a) The State as well as the community should take positive as well as
additional measures to let all people enjoy all their rights equally.
(b) Tolerance and respect ensures the dignity of everyone.
(c) The State should treat all religions equally and not have bias for a
certain religion.
(d) Total neutrality to religions should be taken as seen in France
A- The State as well as the community should take positive as well as additional measures to let all people enjoy all their rights equally
Choose the correct statement:
(a) S v Lawrence 1997 (4) SA 1176 (CC) affirms the principle of the state
treating all religions equally and with no bias for one religion over another.
(b) S v Lawrence 1997 (4) SA 1176 (CC) does not affirm the principle of the
state treating all religions equally and with no bias for one religion over
another.
(c) S v Makwanyane 1997 (4) SA 1176 (CC) affirms the principle of the state
treating all religions equally and with no bias for one religion over another.
(d) All of the above
A- S v Lawrence 1997 (4) SA 1176 (CC) affirms the principle of the state
treating all religions equally and with no bias for one religion over another.
What aspects did the court in S v Lawrence identify in dealing with the
freedom of religion?
The right to:
have (entertain) religious beliefs; - to declare religious beliefs openly and without fear of hindrance or reprisal; - the right to manifest religious belief by worship and practice or by teaching and dissemination
Section 15(2) addresses the issue of religious observances in […] public
schools. Which of the following sections of the Constitution relate to freedom
of religion, belief, and opinion?
a) Sections 15, 16, and 18
b) Sections 12, 14, and 19
c) Sections 20, 21, and 24
d) none of the above
A- Section 15, 16 and 18.
The Harksen v Lane judgement stands as a landmark case in South African
jurisprudence stating that under no circumstance may discrimination of any
kind may be accepted in the republic. TRUE or FALSE
TRUE
Considering that Section 15 (2), applies to religious observances in […]
public schools. Advice Archive Primary School on the legality of its rule stating
that:
“All students enrolled at this school MUST be in the assembly every morning at
07:30, on their knee, praying to the all-mighty God in heaven. All learners not
doing so will be slapped by Mr Putter because Christianity allows it”
7.1 Advise the school on the legality of the compulsory prayer rule.
7) Per the Lawrence case People may not be forced to act contrary to their convictions.
Religious observances may be conducted at state or state-aided institutions, provided that-
(c) attendance at them is free and voluntary.” per Section 15(2)(c)
Would the position change if Mr. Putter was a parent who merely and lightly
slapped his child?
No, Freedom of Religion South Africa v Minister of Justice and Constitutional 78 Development and Others made a similar ruling
Identify and list the three stages contained in the structure of litigation [3]
1) Procedural Stage
2) Substantive Stage
3) Remedy Stage
Assume this was a private school. Advise the school on the legality of its
punishment rule. Provide authority for your response
Religious observances may be conducted at state or state-aided institutions, provided that-
(c) attendance at them is free and voluntary.” per Section 15(2)(c)
For the structure of litigation to function, certain rights must be limited during the process.
Discuss which right is limited by the imprisonment of a person awaiting trial.
a) The Right to Life.
b) The right to freedom of movement.
c) The Right to Privacy.
d) Right to non-discrimination
B- The right to freedom of movement
List the five elements of consideration that make up the test to determine
whether a limitation of a right is proportional in terms of section 36 of the Constitution
1) The nature of the right
2) The importance of the purpose of the limitation
3) The nature and extent of the limitation
4) The relation between the limitation and its purpose
5) Less restrictive means to achieve the purpose
What is the importance of section 35 of the Constitution of South Africa?
12) In the criminal justice system if sometimes happen that the police investigating a case obtained evidence by unconstitutional means, that is, through conduct which infringes a constitutional right of an accused
