All MCQ from in one summarized file, an attempt to give an accurate answer to each question has been provided however there is always the possibility of a few being incorrect due to the lack of formal memos
1. The Constitution makes provision that a matter can be brought directly to the Constitutional Court
1) False, the Constitutional Court is only an appeal court and can never hear a matter directly
2) True, the Constitution make provision that any matter can be brought directly to the Constitutional Court
3) True, the Constitution make provision that any matter can be brought directly to the Constitutional Court,
only if the matter is of such a public importance or urgency that direct access will be in the interest of justice
4) False, it is not the Constitution but only the rules of the Constitutional Court that allows for direct access
2. 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.
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
3. Reading in is a constitutional remedy that is used to remedy an omission in a statutory provision.
1) False, because it is a method of statutory interpretation.
2) False, because it is not recognised by s172 of the Constitution.
3) True, because its purpose is to add words to cure the defect.
4) True, because it is the same as severance.
4. A magistrates’ court may declare a municipal by-law unconstitutional.
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.
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