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1. Which chapter of the Constitution of the Republic
of South Africa, 1996, contains the Bill of Rights?
A. Chapter 1
B. Chapter 2
C. Chapter 3
D. Chapter 9
B
Rationale: The Bill of Rights is enshrined in Chapter
2 of the Constitution, spanning sections 7 to 39.
2. In terms of section 8 of the Constitution, the Bill of
Rights applies to all law, and binds the legislature,
,the executive, the judiciary and...
A. All organs of state
B. Only natural persons
C. Only juristic persons
D. Parliament
A
Rationale: Section 8(1) explicitly states the Bill of
Rights binds the legislature, the executive, the
judiciary, and all organs of state.
3. The procedural stage of fundamental rights
litigation involves determining whether the
applicant has standing. Which section of the
Constitution governs standing?
A. Section 36
B. Section 38
C. Section 39
D. Section 8
B
Rationale: Section 38 provides a broad list of
persons who may approach a competent court,
alleging a right in the Bill of Rights has been
infringed or threatened.
,4. When a court determines whether a right has
been limited by a law of general application, it must
then apply the limitation clause. Which section
contains the limitation clause?
A. Section 8
B. Section 36
C. Section 38
D. Section 1
B
Rationale: Section 36, the limitations clause,
stipulates that rights may be limited only in terms
of law of general application to the extent that the
limitation is reasonable and justifiable in an open
and democratic society.
5. The term "organ of state" for purposes of the
direct horizontal application of the Bill of Rights is
defined in which section of the Constitution?
A. Section 36
B. Section 239
C. Section 8
D. Section 1
B
, Rationale: Section 239 provides the definition of
an organ of state, which is crucial for determining
the direct application of the Bill of Rights to such
entities.
6. In S v Makwanyane, the Constitutional Court held
that the death penalty was inconsistent with which
three fundamental rights?
A. Life, equality, and dignity
B. Life, dignity, and freedom from cruel, inhuman or
degrading punishment
C. Dignity, freedom of religion, and equality
D. Life, freedom and security of the person, and
privacy
B
Rationale: The court declared capital punishment
unconstitutional based on the violation of the
rights to life, dignity, and the prohibition against
cruel, inhuman, or degrading treatment or
punishment.
7. The interpretation clause of the Bill of Rights
requires courts to promote the values underlying an