FURNDAMETAL RIGHTS
REVISION
, 1
1. Franco Seerdorf, a German soccer player, has a three-year contract to play for a
South African soccer club. Franco is therefore entitled to vote in the next general
elections in South Africa. (2)
1) False, because foreign soccer players are not allowed vote.
2) True, because our Constitution is similar to the German Constitution.
3) True, because foreign nationals are entitled to all the rights in the Constitution.
4) False, because political rights are only granted to citizens of South Africa.
Answer: 4) False, because political rights are only granted to citizens of South Africa.
, 1
The Constitutional Court has exclusive jurisdiction to declare an Act of Parliament
unconstitutional. (2)
1) True, because it is the highest court in South Africa.
2) False, because a High Court or the Supreme Court of Appeal may declare an Act of
Parliament unconstitutional, but subject to confirmation by the Constitutional Court.
3) True, because the Constitutional court consists of 11 judges.
4) False, because it shares a concurrent jurisdiction with the Equality Courts to declare an
Act of Parliament unconstitutional.
Answer: 2) False, because a High Court or the Supreme Court of Appeal may declare an
Act of
Parliament unconstitutional, but subject to confirmation by the Constitutional Court.
3. A magistrates’ court may declare a municipal by-law unconstitutional. (2)
1) True, because a magistrates’ court is a creature of statute and, therefore, empowered to
declare a municipal by-law unconstitutional.
2) False, because a municipal by-law is handled by the traditional courts.
3) True, because a municipal by-law governs the area of the magistrates’ court’s
jurisdiction.
4) False, because a magistrates’ court as a creature of statute may not pronounce on the
constitutionality of any law.
Answer: 4) False, because a magistrates’ court as a creature of statute may not pronounce
on the constitutionality of any law.4
, 1
4. A magistrates’ court may interpret legislation in accordance with the Bill of Rights. (2)
1) True, because this was confirmed by the Constitutional Court case of Masiya v The
Director of Public Prosecution.
2) False, because a magistrates’ court may not apply the Bill of Rights.
3) True, because a magistrates’ court may apply the Bill of Rights indirectly in terms of
section 39(2).
4) False, because only the High Court and Supreme Court of Appeal may interpret
legislation in accordance with the Bill of Rights.
Answer: 3) True, because a magistrates’ court may apply the Bill of Rights indirectly in
terms of section 39(2).
5. The South African Broadcasting Corporation (SABC) can invoke the right to freedom of
expression. (2)
1) True, because all the rights in the Bill of Rights are for everyone, which includes both
the natural and juristic person.
2) False, because the nature of the SABC is such that exercising this right is not part of its
business.
3) False, because the nature of this right is such that it cannot be exercised or invoked by
a juristic person.
4) True, because there is nothing about the nature of this right that makes it impossible for
juristic persons to invoke it.
Answer: 4) True, because there is nothing about the nature of this right that makes
it impossible for juristic persons to invoke it.
Reddy Rover is a paraplegic. He wants to register for a diploma in legal studies
at the Sunnyside Technical University. However, he realises that there is no
ramp for wheelchairs at either the entrance or the exit of the university building.
This makes it very difficult for him to study there. Reddy would like to take the
matter to court. State which of Reddy Rover's rights have been violated by the
University. Thereafter outline the stages which will form part of the ensuing Bill
of Rights litigation. Indicate who will bear the onus of proof at each stage.
The following rights have been infringed: Right to freedom of movement (s 21); right to
equality (s 9); right to have a person's dignity protected and respected (s 10); education
rights (s29). You must name the rights; a mere reference to the number of the
provision is not sufficient. On the other hand, you will not be penalised for not
mentioning the number of the section, provided that it is not a section that has been
REVISION
, 1
1. Franco Seerdorf, a German soccer player, has a three-year contract to play for a
South African soccer club. Franco is therefore entitled to vote in the next general
elections in South Africa. (2)
1) False, because foreign soccer players are not allowed vote.
2) True, because our Constitution is similar to the German Constitution.
3) True, because foreign nationals are entitled to all the rights in the Constitution.
4) False, because political rights are only granted to citizens of South Africa.
Answer: 4) False, because political rights are only granted to citizens of South Africa.
, 1
The Constitutional Court has exclusive jurisdiction to declare an Act of Parliament
unconstitutional. (2)
1) True, because it is the highest court in South Africa.
2) False, because a High Court or the Supreme Court of Appeal may declare an Act of
Parliament unconstitutional, but subject to confirmation by the Constitutional Court.
3) True, because the Constitutional court consists of 11 judges.
4) False, because it shares a concurrent jurisdiction with the Equality Courts to declare an
Act of Parliament unconstitutional.
Answer: 2) False, because a High Court or the Supreme Court of Appeal may declare an
Act of
Parliament unconstitutional, but subject to confirmation by the Constitutional Court.
3. A magistrates’ court may declare a municipal by-law unconstitutional. (2)
1) True, because a magistrates’ court is a creature of statute and, therefore, empowered to
declare a municipal by-law unconstitutional.
2) False, because a municipal by-law is handled by the traditional courts.
3) True, because a municipal by-law governs the area of the magistrates’ court’s
jurisdiction.
4) False, because a magistrates’ court as a creature of statute may not pronounce on the
constitutionality of any law.
Answer: 4) False, because a magistrates’ court as a creature of statute may not pronounce
on the constitutionality of any law.4
, 1
4. A magistrates’ court may interpret legislation in accordance with the Bill of Rights. (2)
1) True, because this was confirmed by the Constitutional Court case of Masiya v The
Director of Public Prosecution.
2) False, because a magistrates’ court may not apply the Bill of Rights.
3) True, because a magistrates’ court may apply the Bill of Rights indirectly in terms of
section 39(2).
4) False, because only the High Court and Supreme Court of Appeal may interpret
legislation in accordance with the Bill of Rights.
Answer: 3) True, because a magistrates’ court may apply the Bill of Rights indirectly in
terms of section 39(2).
5. The South African Broadcasting Corporation (SABC) can invoke the right to freedom of
expression. (2)
1) True, because all the rights in the Bill of Rights are for everyone, which includes both
the natural and juristic person.
2) False, because the nature of the SABC is such that exercising this right is not part of its
business.
3) False, because the nature of this right is such that it cannot be exercised or invoked by
a juristic person.
4) True, because there is nothing about the nature of this right that makes it impossible for
juristic persons to invoke it.
Answer: 4) True, because there is nothing about the nature of this right that makes
it impossible for juristic persons to invoke it.
Reddy Rover is a paraplegic. He wants to register for a diploma in legal studies
at the Sunnyside Technical University. However, he realises that there is no
ramp for wheelchairs at either the entrance or the exit of the university building.
This makes it very difficult for him to study there. Reddy would like to take the
matter to court. State which of Reddy Rover's rights have been violated by the
University. Thereafter outline the stages which will form part of the ensuing Bill
of Rights litigation. Indicate who will bear the onus of proof at each stage.
The following rights have been infringed: Right to freedom of movement (s 21); right to
equality (s 9); right to have a person's dignity protected and respected (s 10); education
rights (s29). You must name the rights; a mere reference to the number of the
provision is not sufficient. On the other hand, you will not be penalised for not
mentioning the number of the section, provided that it is not a section that has been
