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The official name of the South African constitutional amendment enacted in 2012 is the Constitution Seventeenth Amendment Act.
Answer: True
Explanation: The official name of the amendment is the Constitution Seventeenth Amendment Act of 2012. This act brought about significant changes to the structure of the South African judiciary.
The primary purpose of the Seventeenth Amendment Act was to establish new High Court divisions.
Answer: False
Explanation: The primary purpose of the Seventeenth Amendment Act of 2012 was to make several changes to the structure of the South African judiciary. These changes aimed to refine the roles and jurisdictions within the court system.
The status of the Constitution Seventeenth Amendment Act of 2012 is 'Repealed'.
Answer: False
Explanation: The status of the Constitution Seventeenth Amendment Act of 2012 is 'In force'. This indicates that its provisions are currently active and legally binding within South Africa.
The long title of the Act mentions defining the role of the Chief Justice and providing for a single High Court.
Answer: True
Explanation: The long title of the Act states it is an 'Act to amend the Constitution of the Republic of South Africa, 1996, so as to further define the role of the Chief Justice as the head of the judiciary; to provide for a single High Court of South Africa; to provide that the Constitutional Court is the highest court in all matters; to further regulate the jurisdiction of the Constitutional Court and the Supreme Court of Appeal; to provide for the appointment of an Acting Deputy Chief Justice; and to provide for matters connected therewith.'
The amendment aimed to refine the roles and jurisdictions within the South African court system.
Answer: True
Explanation: The primary purpose of the Seventeenth Amendment Act of 2012 was to make several changes to the structure of the South African judiciary. These changes aimed to refine the roles and jurisdictions within the court system.
What is the official name of the South African constitutional amendment enacted in 2012?
Answer: The Constitution Seventeenth Amendment Act of 2012
Explanation: The official name of the amendment is the Constitution Seventeenth Amendment Act of 2012. This act brought about significant changes to the structure of the South African judiciary.
What was the primary objective of the Constitution Seventeenth Amendment Act of 2012?
Answer: To make significant changes to the structure of the South African judiciary.
Explanation: The primary purpose of the Seventeenth Amendment Act of 2012 was to make several changes to the structure of the South African judiciary. These changes aimed to refine the roles and jurisdictions within the court system.
Which foundational legal document was directly amended by the Constitution Seventeenth Amendment Act of 2012?
Answer: The Constitution of the Republic of South Africa, 1996
Explanation: The Constitution Seventeenth Amendment Act of 2012 specifically amended the Constitution of the Republic of South Africa, 1996. This means it altered the foundational legal document of the country.
What is the current legal status of the Constitution Seventeenth Amendment Act of 2012?
Answer: In force
Explanation: The status of the Constitution Seventeenth Amendment Act of 2012 is 'In force'. This indicates that its provisions are currently active and legally binding within South Africa.
The Constitution Seventeenth Amendment Act of 2012 was passed by the National Council of Provinces.
Answer: False
Explanation: No, the Seventeenth Amendment Act of 2012 was not required to be voted on by the National Council of Provinces. This was because it was a constitutional amendment that did not affect the provinces.
President Jacob Zuma signed the Constitution Seventeenth Amendment Act of 2012 into law on February 1, 2013.
Answer: True
Explanation: The Act was signed into law by President Jacob Zuma. He assented to the bill on February 1, 2013.
The Constitution Seventeenth Amendment Act of 2012 officially came into force on February 1, 2013.
Answer: False
Explanation: The Constitution Seventeenth Amendment Act of 2012 came into force on August 23, 2013. This date was established by a presidential proclamation.
The legislative bill that preceded the Constitution Seventeenth Amendment Act of 2012 was titled the Constitution Seventeenth Amendment Bill.
Answer: True
Explanation: The legislative bill that preceded the Constitution Seventeenth Amendment Act of 2012 was titled the Constitution Seventeenth Amendment Bill. Its citation was B6—2011.
The Constitution Seventeenth Amendment Bill was introduced on June 2, 2011.
Answer: True
Explanation: The Constitution Seventeenth Amendment Bill was introduced on June 2, 2011. This marked the beginning of the legislative process for the amendment.
The bill citation B6—2011 identifies the specific legislative proposal that became the Constitution Seventeenth Amendment Act of 2012.
Answer: True
Explanation: The bill citation B6—2011 identifies the specific legislative proposal that became the Constitution Seventeenth Amendment Act of 2012. This citation helps in tracking the bill's progress through Parliament.
The Seventeenth Amendment Act required the National Council of Provinces to vote on the changes because they affected provincial powers.
Answer: False
Explanation: No, the Seventeenth Amendment Act of 2012 was not required to be voted on by the National Council of Provinces. This was because it was a constitutional amendment that did not affect the provinces.
The Constitution Seventeenth Amendment Act of 2012 was enacted in the year 2011.
Answer: False
Explanation: The Constitution Seventeenth Amendment Bill was introduced on June 2, 2011. This marked the beginning of the legislative process for the amendment. The Act itself was enacted in 2012.
Which legislative body passed the Constitution Seventeenth Amendment Act of 2012?
Answer: The National Assembly of South Africa
Explanation: The Constitution Seventeenth Amendment Act of 2012 was passed by the National Assembly of South Africa. It achieved the required two-thirds majority for constitutional amendments.
Why was a vote by the National Council of Provinces not required for the Constitution Seventeenth Amendment Act of 2012?
Answer: The Act did not affect the provinces.
Explanation: No, the Seventeenth Amendment Act of 2012 was not required to be voted on by the National Council of Provinces. This was because it was a constitutional amendment that did not affect the provinces.
Who signed the Constitution Seventeenth Amendment Act of 2012 into law?
Answer: President Jacob Zuma
Explanation: The Act was signed into law by President Jacob Zuma. He assented to the bill on February 1, 2013.
On what date did the Constitution Seventeenth Amendment Act of 2012 officially come into force?
Answer: August 23, 2013
Explanation: The Constitution Seventeenth Amendment Act of 2012 came into force on August 23, 2013. This date was established by a presidential proclamation.
What was the citation number of the bill that preceded the Constitution Seventeenth Amendment Act of 2012?
Answer: B6—2011
Explanation: The legislative bill that preceded the Constitution Seventeenth Amendment Act of 2012 was titled the Constitution Seventeenth Amendment Bill. Its citation was B6—2011.
On what date was the Constitution Seventeenth Amendment Bill introduced to Parliament?
Answer: June 2, 2011
Explanation: The Constitution Seventeenth Amendment Bill was introduced on June 2, 2011. This marked the beginning of the legislative process for the amendment.
The amendment declared the Chief Justice as the head of the judiciary and responsible for administrative oversight.
Answer: True
Explanation: The amendment declared the Chief Justice as the head of the judiciary. It also specified that the Chief Justice is responsible for the administrative oversight of all the courts in South Africa.
The amendment allows for the appointment of an acting Deputy Chief Justice only when the substantive DCJ retires.
Answer: False
Explanation: The amendment allows for the appointment of an acting Deputy Chief Justice (DCJ). This provision applies when the substantive DCJ position is vacant or when the current DCJ is absent.
The Constitutional Court's jurisdiction was expanded to hear appeals on any matter, regardless of public importance.
Answer: False
Explanation: The Constitutional Court's jurisdiction was expanded to include matters beyond just constitutional issues. It can now also hear appeals on other matters of general public importance, provided the court chooses to hear them.
The Seventeenth Amendment Act removed the Supreme Court of Appeal's jurisdiction over appeals originating from the Labour Appeal Court.
Answer: True
Explanation: The Seventeenth Amendment Act removed the Supreme Court of Appeal's jurisdiction over appeals originating from the Labour Appeal Court and the Competition Appeal Court. This redirected certain types of appeals within the judicial system.
The amendment altered references to the High Courts, treating them as separate, independent courts.
Answer: False
Explanation: The amendment altered references to the High Courts, treating them as divisions of a single, unified High Court of South Africa. Previously, they were often considered separate courts.
In the context of the amendment, the Chief Justice is designated as the head of the judiciary, implying leadership and responsibility for the court system's administration.
Answer: True
Explanation: In the context of the Seventeenth Amendment Act, the Chief Justice is designated as the head of the judiciary. This role implies leadership and responsibility for the overall administration and functioning of the court system.
Administrative oversight for the Chief Justice involves managing the judicial decision-making process in all courts.
Answer: False
Explanation: Administrative oversight means the Chief Justice is responsible for managing the non-judicial aspects of the court system. This includes aspects like resource allocation, court procedures, and ensuring the efficient operation of the judiciary.
An Acting Deputy Chief Justice can be appointed if the incumbent DCJ is on extended sick leave.
Answer: True
Explanation: An Acting Deputy Chief Justice can be appointed if the position of Deputy Chief Justice is vacant or if the incumbent Deputy Chief Justice is unable to perform their duties due to absence. This ensures continuity in judicial leadership.
The amendment declared the Constitutional Court as the highest court only in matters concerning the Constitution.
Answer: False
Explanation: The Constitutional Court's jurisdiction was expanded to include matters beyond just constitutional issues. It can now also hear appeals on other matters of general public importance, provided the court chooses to hear them.
The amendment re-conceptualizes the High Courts as integral divisions of one single High Court of South Africa.
Answer: True
Explanation: The amendment re-conceptualizes the High Courts as integral divisions of one single High Court of South Africa. This signifies a move towards greater uniformity and integration within the country's superior court structure, rather than viewing each High Court as entirely separate.
The amendment expanded the Supreme Court of Appeal's jurisdiction to include appeals from the Competition Appeal Court.
Answer: False
Explanation: The Seventeenth Amendment Act removed the Supreme Court of Appeal's jurisdiction over appeals originating from the Labour Appeal Court and the Competition Appeal Court. This redirected certain types of appeals within the judicial system.
The amendment ensures continuity in judicial leadership by allowing for the appointment of an Acting Deputy Chief Justice when needed.
Answer: True
Explanation: The amendment allows for the appointment of an acting Deputy Chief Justice (DCJ). This provision applies when the substantive DCJ position is vacant or when the current DCJ is absent. This ensures continuity in judicial leadership.
How did the Seventeenth Amendment Act redefine the Chief Justice's role?
Answer: As the head of the judiciary responsible for administrative oversight.
Explanation: The amendment declared the Chief Justice as the head of the judiciary. It also specified that the Chief Justice is responsible for the administrative oversight of all the courts in South Africa.
What provision was made regarding the Deputy Chief Justice (DCJ) position?
Answer: An acting DCJ could be appointed if the position was vacant or the incumbent absent.
Explanation: The amendment allows for the appointment of an acting Deputy Chief Justice (DCJ). This provision applies when the substantive DCJ position is vacant or when the current DCJ is absent.
Which of the following describes the expansion of the Constitutional Court's jurisdiction under the amendment?
Answer: It gained the ability to hear appeals on matters of general public importance, if the court chose.
Explanation: The Constitutional Court's jurisdiction was expanded to include matters beyond just constitutional issues. It can now also hear appeals on other matters of general public importance, provided the court chooses to hear them.
What specific jurisdiction was removed from the Supreme Court of Appeal (SCA) by the Seventeenth Amendment Act?
Answer: Appeals originating from the Labour Appeal Court and Competition Appeal Court.
Explanation: The Seventeenth Amendment Act removed the Supreme Court of Appeal's jurisdiction over appeals originating from the Labour Appeal Court and the Competition Appeal Court. This redirected certain types of appeals within the judicial system.
How did the amendment alter the designation of the High Courts?
Answer: They were treated as divisions of a single, unified High Court of South Africa.
Explanation: The amendment re-conceptualizes the High Courts as integral divisions of one single High Court of South Africa. This signifies a move towards greater uniformity and integration within the country's superior court structure, rather than viewing each High Court as entirely separate.
What does the designation 'head of the judiciary' imply for the Chief Justice according to the amendment?
Answer: Leadership and administrative responsibility for the court system.
Explanation: In the context of the Seventeenth Amendment Act, the Chief Justice is designated as the head of the judiciary. This role implies leadership and responsibility for the overall administration and functioning of the court system.
What does 'administrative oversight of the courts' entail for the Chief Justice?
Answer: Managing the non-judicial aspects of the court system, like resources and procedures.
Explanation: Administrative oversight means the Chief Justice is responsible for managing the non-judicial aspects of the court system. This includes aspects like resource allocation, court procedures, and ensuring the efficient operation of the judiciary.
Under which conditions can an Acting Deputy Chief Justice be appointed?
Answer: When the substantive DCJ position is vacant or the incumbent is absent.
Explanation: An Acting Deputy Chief Justice can be appointed if the position of Deputy Chief Justice is vacant or if the incumbent Deputy Chief Justice is unable to perform their duties due to absence. This ensures continuity in judicial leadership.
What does the statement 'the Constitutional Court is the highest court in all matters' signify?
Answer: It implies its decisions are final and binding on all other courts across various legal domains.
Explanation: When the Constitutional Court is declared the highest court in all matters, it means that its decisions are final and binding on all other courts. While it previously held this status for constitutional matters, this phrasing suggests a potential broadening or clarification of its ultimate authority across various legal domains.
How did the amendment alter the perception of the High Courts?
Answer: They were treated as divisions of a single, unified High Court of South Africa.
Explanation: The amendment re-conceptualizes the High Courts as integral divisions of one single High Court of South Africa. This signifies a move towards greater uniformity and integration within the country's superior court structure, rather than viewing each High Court as entirely separate.
Which of the following changes was implemented by the Constitution Seventeenth Amendment Act of 2012?
Answer: The removal of the SCA's jurisdiction over Labour Appeal Court cases.
Explanation: The Seventeenth Amendment Act removed the Supreme Court of Appeal's jurisdiction over appeals originating from the Labour Appeal Court and the Competition Appeal Court. This redirected certain types of appeals within the judicial system.
The amendment declared the Constitutional Court as the highest court in what scope?
Answer: In all matters, potentially broadening its ultimate authority.
Explanation: The Constitutional Court's jurisdiction was expanded to include matters beyond just constitutional issues. It can now also hear appeals on other matters of general public importance, provided the court chooses to hear them.