Judiciary Review Flashcards

Flashcards covering key concepts related to the Judiciary.

What section outlines the composition of the Judicial Service Commission (JSC)?

Section 178

What role does the JSC play in the appointment of judges?

Interviewing and investigating potential candidates

According to Section 174(3), who appoints the Chief Justice?

The President, after consulting with the JSC

According to Section 174(4), how many people will the JSC interview for one vacancy?

Four

Name the pre-1994 court structure in South Africa.

Supreme Court of South Africa, Appellate Division, Provincial Divisions, Local Divisions, Magistrates’ Courts

Name the post-1996 court structure in South Africa according to Section 166 of the Constitution.

Constitutional Court, Supreme Court of Appeal, High Court, Magistrates’ Courts

What is the judiciary referred to as regarding the legal order?

Bastion of legal order

What case stated that all public power is subject to constitutional control?

International Trade Administration Commission v SCAW South Africa

In EFF 1, what obligation was placed on the President?

To be held accountable

What section of the Constitution deals with impeachment?

Section 89

What was the central question in Economic Freedom Fighters v Speaker of the National Assembly [EFF 2]?

Whether S89 impeachment was constitutionally compliant or not.

What was the issue in UDM v Speaker of National Assembly?

Secret ballot

What policy was challenged in Minister of Health v Treatment Action Campaign?

Mbeki’s policy that HIV doesn’t lead to AIDS

What aspect of the JSC's decisions is subject to judicial review?

The JCS’s decision on the recommendation or non-recommendation for appointment of judges

What section was declared invalid in Justice Alliance of South Africa v President of Republic of South Africa?

S8(a) Judges’ Renumeration and Conditions of Employment Act

What did Helen Suzman Foundation v JSC determine regarding private deliberations?

Private deliberations by JSC should form part of court record