Which of the following statements best describes the difference between a
declaration of rights and a declaration of invalidity?
a. a declaration of rights is binding on all while a declaration of invalidity is aimed at
resolving a dispute between particular parties.
b. a declaration of rights differs from a declaration of invalidity in that it may be
granted even when no law or conduct is found to be inconsistent with the bill of rights
whereas a declaration of invalidity flows from a finding that there is an inconsistency
between law or conduct and the constitution
c. none of the answers provided
d. all of the answers provided
The requirement of "general application" in section 36 of the Constitution is met
when...
a. the rule is precise
b. the rule is accessible
c. the rule is not applied arbitrarily or in a way that that discriminates unfairly
between people or groups of people
d. all of the answers provided
The purposive method of interpretation is in favour of rights and against their
restriction.
a. True, the purposive method of interpretation entails drawing boundaries of rights
as widely as the language in which they have been drafted and the context in which
they are used will allow.
b. False, the purposive method of interpretation refers to the textual interpretation of
rights combined with a generous method of interpretation as indicated by the
Constitutional Court in S v Zuma.
c. True, the purposive method of interpretation is in favour of rights but only in so far
as they are textually qualified.
d. False, the purposive method of interpretation is the interpretation of a provision
that best supports and protects the core values that underpin a society based on
human dignity, equality and freedom.
Parliament passes an Act that states that no public servant may be a member of a
secret society. Would a member of a secret organisation, who is not a public servant,
on behalf of all of the members of the organisation prejudiced by the Act, have
standing to challenge the constitutionality of the Act in a court of law?
a. Yes, in terms of Section 38(c) of the Constitution
b. Yes, in terms of Section 38(c) or section 38(b) of the Constitution
c. Yes, in terms of section 38(e) of the Constitution
d. Yes, in terms of Section 38(b) of the Constitution
Compliance with mandatory orders is usually enforced by...
a. default judgement
b. a contempt of court order
c. all of the answers above
d. a declaration of invalidity
Jeff Nekhumbe is a transgender man that you are representing in a discrimination
matter before the Equality Court. He tells you that he did some research and there is
a matter that was heard in India that is similar to his. He asks that you present the
matter to the court. Should the court consider the Indian case when interpreting the
Bill of Rights?
a. The court may consider the case in terms of section 39(1)(c) of the Constitution
b. The court must consider the matter in terms of section 39(2) of the Constitution
c. The court must consider the case in terms of section 39(1)(c) of the Constitution
d. The court must consider the case in terms of section 39(1)(a) of the Constitution
Which of the following is NOT a factor relevant to awarding constitutional remedies?
a. the consequences of the constitutional violation for the victims should be taken
into account
b. the identity of the violator is irrelevant
c. the separation-of-powers doctrine suggests that courts owe the legislature a
certain degree of deference when devising a constitutional remedy
d. a court order must not only afford effective relief to a successful litigant, but also to
all similarly situated people
Can the Western Cape provincial government invoke the right to equality?
a. None of the answers provided
b. This is unlikely because the Western Cape provincial government is an organ of
state and its nature precludes the right to equality
c. Yes, because of the nature of the right
d. Yes, organs of state are not excluded to the entitlements of any rights in the Bill of
Rights
The remedies stage is...
a. When the court determines the appropriate constitutional remedy after
determining that a right has been infringed
b. When the court will determine the appropriate remedy after it finds that a violation
of right is not a justifiable limitation
c. When the courts decide on the appropriate sentence for a respondent after
determining that there has been an infringement of a right in the Bill of Rights
d. When the court decides on an appropriate remedy regardless of whether a right
has been infringed or not
The Court's approach to severance consists of two parts. Which of the following
statements accurately describe the two parts?
a. all of the answers provided
b. it must be possible to sever the bad from the good and the remainder must still
give effect to the purpose of the law
c. the courts must strike down chunks of the law and leave the rest intact
d. the courts must remove the bad parts and maintain the good parts without editing
the law
Which of the following does NOT apply to the contextual interpretation?
a. a broad understanding of contextual interpretation includes public opinion as
necessary for determining context
b. contextual interpretation must be used with caution because it may be used as a
shortcut to eliminate "irrelevant" fundamental rights
c. one of the dangers of context may be used to limit rights instead of interpreting
them
d. a broad understanding of contextual interpretation includes systemic interpretation
Which of the following is part of stage 1 of the enquiry to determine the violation of
the equality clause?
a. Determining whether the law or conduct differentiates between people or
categories of people.
b. Determining whether the discrimination amounts to unfair discrimination?
c. Determining whether the violation is justified in terms of the limitation clause
section 36?
d. Determining whether the differentiation is based on a specific ground?
Public opinion is dealt with in...
a. generous interpretation
b. purposive interpretation
c. none of the answers provided
d. contextual and systemic interpretation
Which of the following cases was the first case where reading-in was applied?
a. _None of the answers provided_
b. _President of Republic of South Africa v Hugo_
c. _Fose v Minister of Safety and Security_
d. _National Coalition for Gay and Lesbian Equality v Minister of Home Affairs_
Ms Skhosana has a terminal illness and part of her treatment requires her to use a
ventilator at home. She needs electricity for the use of the ventilator and the
consistent power outages mean that she cannot use her ventilator. Identify the rights
that have possibly been violated
a. None of the answers provided
b. The right to equality
c. The right to life
d. The right to health and the right to human dignity
A magistrates' court may interpret legislation in accordance with the Bill of Rights.
a. False, because a magistrates' court may not apply the Bill of Rights.
b. True, because a magistrates' court may apply the Bill of Rights indirectly in terms
of section 39(2)
c. True, because this was confirmed by the Constitutional Court case of Masiya v
The Director of Public Prosecution._
d. False, because only the High Court and Supreme Court of Appeal may interpret
legislation in accordance with the Bill of Rights.
Which of the following is NOT a main objective of The Promotion of Equality and
Prevention of Unfair Discrimination Act 4 of 2000?
a. Promoting the achievement of substantive equality.
b. Prohibiting unfair discrimination.
c. Providing remedies for the victims of unfair discrimination.
d. Prohibiting differentiation.
Phiweyo Mahlathini, the respondent in a fundamental rights matter that you are
arguing states that the right to marry is not a human right because it is not expressly
set out in the Bill of Rights. Is this true or false?
a. False, the right to family life is an express right in the Bill of Rights
b. False, in terms of section 39(3) of the Constitution
c. True, the right to family life cannot be interpreted as a right in the Bill of Rights
d. True, the right to family life is not a right in the Bill of Rights
Which of the following cases found that the inquiry into reasonableness and
justifiability requires courts to engage in a balancing exercise and arrive at a global
judgment on proportionality?
a. _S v Makwanyane_
b. none of the answers provided
c. _S v Manamela (Director-General of Justice intervening)_
d. _Harksen v Lane NO_
Lusa Radzilani is in need of emergency medical treatment. The closest hospital is a
private hospital called St Anne's Hospital. The hospital turns Ms Radzilani away
because she does not have medical aid and only public hospitals are bound by the
right to healthcare. Is St Anne's bound by the right to healthcare in section 27 of the
Constitution?
a. Yes, St Anne's is bound by the Bill of Rights in terms of section 27(3) of the
Constitution
b. No, private hospitals are not bound by the Bill of Rights at all
c. No, private hospitals are expressly excluded from the right to health as set out in
the Constitution
d. Yes, St Anne's is bound by the Bill of Rights in terms of section 27(2) of the
Constitution
Whether an applicant has standing or not in terms of section 38 of the Constitution is
determined during the phase of fundamental rights litigation:
a. Procedural stage (jurisdiction)
b. The substantive stage (limitation)
c. Procedural stage application)
d. Procedural stage (justiciability)
Parliament passes an Act that states that no public servant may be a member of a
secret society. Would FREE TO BE US, a human rights organisation, which
campaigns for greater recognition for the right to freedom of association have
standing to challenge the constitutionality of the Act in a court of law?
a. None of the answers provided
b. Yes, in terms of section 38(a) of the Constitution
c. Yes, in terms of section 38(d) of the Constitution
d. Yes, in terms of section 38(c) of the Constitution
Which of the following statements accurately sets out the general principles on
constitutional damages?
a. in cases where the violation of constitutional rights entails the commission of a
delict, an award of constitutional damages in addition to those available will always
be available
b. in cases where delictual damages are not available constitutional damages must
be awarded
c. none of the answers provided
d. in cases where the violation of constitutional rights entails the commission of a
delict, an award of damages, in addition to those available under common law will
seldom be available
Which of the following cases examined the fairness of the granting of remission to
mothers of minors under the age of 12?
a. _President of the Republic of South Africa v Hugo_
b. _Harksen v Lane_
c. _Prinsloo v van der Linde_
d. _Pretoria City Council v Walker_
Linet argues that the right to intellectual property is not explicitly set out in the Bill of
Rights and as a result, a person may not rely on this right...
a. the right to property as set out in the Bill of Rights does not include the right to
intellectual property and it is therefore not a right
b. none of the answers provided
c. there is a right to intellectual property because the Bill of Rights does not deny the
existence of other rights or freedoms
d. only the rights set out in the Bill of Rights are considered to be "rights"
You are a legal adviser to the Pretoria City Council. The Council plans to evict a
number of squatters from its land that has been earmarked for a housing project.
The Council has the right to evict the squatters and demolish their dwellings.
a. True, because the actions of the Council amount to an administrative decision
b. False, because evictions can only occur once a court order has been granted.
c. False, because South Africans are allowed to squat anywhere in the country.
d. True, because fair procedure does not apply to illegal occupants
Ms Letlhogile advises you that her lawyer friend told her that the South African
Human Rights Commission (SAHRC) is in charge of Human Rights in South Africa
and is therefore not bound by the Bill of Rights. Is the SAHRC bound by the Bill of
Rights?
a. Yes, the SAHRC is bound by the Bill of Rights in terms of section 239 of the
Constitution
b. Yes, the SAHRC is bound by the Bill of Rights in terms of section 8(1) read with
section 239 of the Constitution
c. Yes, the SAHRC is bound by the Bill of Rights in terms of section 8 (2) of the
Constitution
d. Yes, the SAHRC is bound by the Bill of Rights in terms of section 8(1) read with
section 238 of the Constitution
Foreign law in terms of section 39(1)(c) of the Constitution refers to...
a. legislation from other countries
b. case law from other countries
c. constitutions from other countries
d. all of the answers provided
Section 8(4) of the Constitution provides that juristic persons are specifically
excluded from the protection of the rights in the Bill of Rights.
a. False, section 8(4) of the Constitution provides that juristic persons are entitled to
the rights in the Bill of Rights dependant on the nature of the right and the nature of
the juristic person.
b. False, section 8(4) of the Constitution provides that all juristic persons are entitled
to all the rights in the Bill of Rights.
c. True, section 8(4) of the Constitution provides that only natural persons can lay
claim to the rights in the Bill of Rights.
d. True, section 8(4) of the Constitution excludes juristic persons from the protection
of the rights in the Bill of Rights because of the nature of these rights and the nature
of juristic persons.
The "law" in the "law of general application" as set out in section 36 of the
constitution refers to:
a. UNISA's disciplinary code
b. customary law
c. all of the provided answers
d. the code of conduct at the Pretoria Girls High
The interpretation of the rights in the Bill of Rights involves a single enquiry in
determining the meaning of a provision in order to establish whether any law or
conduct is inconsistent with that provision.
a. True, the interpretation of the Bill of Rights involves a single enquiry in determining
the limitation of a right.
b. False, the interpretation of rights in the Bill of Rights requires the application of the
requirements set out in section 9(2) of the Constitution.
c. False, the interpretation of the rights in the Bill of Rights involves a two stage
enquiry to determine the meaning of a provision and if there is an infringement
whether that infringement can be justified under the limitation clause.
d. True, the interpretation of the rights in the Bill of Rights involves a single enquiry in
determining the meaning of a provision in order to establish whether any law or
conduct is inconsistent with that provision