1. Imagine your client is accused of being in possession of child pornography. There is a law against this, which (your client argues) limits their right to freedom of expression. In court, the government argues that the purpose of the law is to protect Christian values.

True or false: The government's stated purpose will be valid for the justification in terms of section 36.

a) True

b) False

2. Section 8(4) of the Constitution binds a juristic person to the extent required by the nature of the rights and the nature of the juristic person.

a) True

b) False

3. A decision by the airport authorities that no public meetings will be allowed on the airport premises, qualifies as a law of general application.

a) True

b) False

4. A company can claim the right of access to information.

a) True

b) False

5. The Bill of Rights (Chapter 2) is part and parcel of the Final Constitution. It can only be properly understood in the context of the Constitution. Like the Constitution itself, it is entrenched, enforceable and justiciable.

a) True

b) False

6. Only natural persons can be bearers of the right to equality.

a) True

b) False

7. The following constitutional sections protect human dignity as a value and as a justiciable and enforceable right: A. Sections 1(c) and 11 of the Constitution

B. Sections 1(b) and 15 of the Constitution

C. Sections 1(a) and 10 of the Constitution

D. Sections 1(a) and 11 of the Constitution

8. A law firm in Sandton introduces a Human Resources (HR)policy requiring female employees to wear skirts, high heels and makeup to work. Imagine that this is before the promulgation of PEPUDA - in other words, PEPUDA is not available. Which section(s) of the Constitution would underlie an enquiry into the validity of this policy?

a) Section 9(1)

b) Section 9(2)

c) Section 9(3)

d) Section 9(4)

9. A legal challenge to a legislative provision on the basis of mere differentiation relies on which section of the Constitution? a) Section 9(1) of the constitution

b) Section 9(2) of the constitution

c) Section 9(3) of the constitution

d) Section 9(4) of the constitution

e) Section 9(5) of the constitution

10. The notion of formal equality recognises that there arelevels and forms of social differentiation and systematic under-privilege which still persist in our society, and so the State must take active steps to rectify structural inequality between groups in society.

a) True

b) False

11. What legal provisions were under attack in Harksen v Lane?

A. It was argued that certain sections of the Insolvency Act were in violation of the equality clause as they unfairly discriminated against solvent spouses in liquidation proceedings.

B. The decision to pardon and reprieve certain categories of offenders, specifically mothers with minor children under 12 years, was challenged as constituting unfair discrimination against single fathers in the same circumstances.

C. It was argued that certain provisions of the Sexual Offences Act were in violation of the equality clause insofar as they criminalised sexual conduct between gay men and constituted unfair discrimination on the basis of sexual orientation.

D. It was argued that certain rules of the Political Office-Bearers Pension Fund that provided for differentiated employer contribution in respect of members of Parliament and other political office-bearers between 1994 and 1999 constituted unfair discrimination

12. Which of the following statements is not covered by the right to freedom of association?

A. To protect those relationships from untoward infringement by the state or other powerful role players.

B. Freedom to hold views about religious and other moral issues and the freedom to practice those beliefs.

C. To disassociate from whom you wish

D. To associate with whom you wish

13. In New Nation Movement v President the court held:

A. PAIA is unconstitutional in its failure to provide for access to information about the private funding of political parties.

B. There is a duty on political parties to act lawfully and in accordance with their own constitution. Courts can assess compliance, and set aside actions if not lawful or in terms of that constitution.

C. The right to associate includes right to not associate.

D. The notion of self-determination as part of freedom of association is linked with the concept of Ubuntu.

14. Which of the following statements is true? A. All displays of the old South African flag constitute hate speech in terms of s10 of PEPUDA

B. s10 of PEPUDA only prohibits hate speech, and thus the flying of a flag is excluded from this definition

C. Gratuitous displays of the old South African flag constitute hate speech in terms of s10 of PEPUDA

D. PEPUDA only bans "words" that constitute hate speech, and so the flying of the old South African flag is not banned by PEPUDA

15. When dealing with requests by the media to broadcast court proceedings, which rights or interests are implicated? A. Freedom of the press and media

B. Freedom of expression

C. The principle of open justice

D. Right to a fair trial

E. All of the above

F. None of the above

16. The standard for ALL duties imposed by social and economic rights is reasonableness.

a) True

b) False

17. Socio-economic rights in South Africa: A. Are lower on the hierarchy of rights than political rights

B. Are predominantly "negative rights", preventing interference with existing enjoyment

C. Cannot be claimed against juristic persons, such as private companies

D. Contain no internal qualifiers

E. Cannot be claimed by wealthy people

F. All of the above

G. None of the above

18. Every South African citizen has the right to all healthcare services at no cost, if they are willing to visit state facilities.

a) True

b) False

19. In the Khosa case, the Constitutional Court declared sections of the Social Assistance Act unconstitutional as they excluded certain classes of South African citizens from access to social assistance.

a) True

b) False

20. In the Mazibuko case, the Constitutional Court granted an order that the City of Johannesburg free water supply was unconstitutional on the ground that it infringed section 27 (1) (b) of the Constitution.

a) True

b) False

21. Which of the following is an example of an internal modifier, and is NOT a limitation of a right?

A. Section 16(2) of the Constitution.

B. A law providing for the death penalty

C. A law prohibiting the sale of alcohol during lockdown

D. A law limiting your right to access to courts

22. From this list, who can claim the rights in the Bill of Rights in terms of section 8(4) of the Constitution? A. Dis-Chem is entitled to claim socio-economic rights.

B. Shoprite can claim the right to access courts.

C. Tiger Wheel and Tires is entitled to claim a right to life.

D. Sasol, a South African company, is entitled to claim citizenship rights.

E. Engen has a right not to be evicted from their home or have their home demolished without an order of court.

23. Imagine that the Gauteng Division of the High Court declares that certain portions of the Regulations promulgated in terms of Disaster Management Act 57 of 2002 are inconsistent with the Constitution and thus invalid in terms of s172(1)(a). After the court has given its judgment, what is currently the effect of this order? A. The order is of no force and effect

B. The order will have prospective effect

C. The order will have retrospective effect from the date the Regulations were effective.

D. The order will have retrospective effect from the date the Constitution was enacted.

24. The doctrine of objective constitutional invalidity was set out in:

A. National Coalition for Gay and Lesbian Equality v Minister of Home Affairs

B. Occupiers of 51 Olivia Road

C. Ferreira v Levin NO

D. Democratic Alliance v Speaker of the National Assembly

E. Minister of Justice and Constitutional Development v Prince

25. In what circumstances can a litigant rely directly on section 9 of the Constitution? A. In all circumstances. Section 9 applies to all persons and is enforceable both horizontally and vertically. Section 9 is directly justiciable.

B. When there is an allegation of unfair discrimination by the State, section 9 can be relied upon directly. In cases where the discrimination is between private persons, PEPUDA must be used.

C. Section 9 can only be relied on directly when a litigant wishes to attack the constitutionality of legislative provisions (which could include an attack on PEPUDA itself).

D. The principle of subsidiarity dictates that section 9 can never be relied on directly. PEPUDA, the legislation which is constitutionally mandated to give effect to section 9, must always be used in all cases instead.

26. D. The principle of subsidiarity dictates that section 9 can never be relied on directly. PEPUDA, the legislation which is constitutionally mandated to give effect to section 9, must always be used in all cases instead.

A. Always; as human dignity is a founding constitutional value as well a self-standing justiciable right in section 11 of the Constitution, the right to human dignity will always be the primary right in any enquiry.

B. Never; giventhat human dignity is a value that informs all other rights, another substantive right (eg the right to life)will always be used instead.

C. The right to dignity will usually only be relied on where none of the other rights in the Bill of Rights will specifically protect the interest at stake.

27. At the opening of Parliament, which is compulsory for all Members of Parliament (MPs), the Chief Justice starts the proceedings with a Christian prayer. The leader of the Islamic Party is aggrieved by this, and lodges a complaint with the Speaker. Which of the following is correct? A. The Constitution requires a strict separation of church and state, and so there can never be any religious observance at the opening of Parliament. There has been an infringement of the members of the Islamic Party's (and other non-Christian people in attendance) right to freedom of religion, thought, belief and opinion in s15.

B. The Constitution does not require a strict separation between the state and religious bodies. S15(2) allows for religious observances to be conducted at state or state aided institutions and all members of Parliament must participate.

C. The Constitution does not require a strict separation between the state and religious bodies. S15(2) allows for religious observances to be conducted at state or state aided institutions but attendance and participation must be free and voluntary. The prayer was an infringement on the rights of the Islamic Party and other non-Christians in attendance.

D. The Constitution does not require a strict separation between the state and religious bodies. S15(2) allows for religious observances to be conducted at state or state aided institutions. As Christianity is the overwhelming majority of religious beliefs in South Africa, the inclusion of a Christian prayer is appropriate for all attendees.

28. A group of people were upset that the local government in Tshwane was not doing anything to fix the potholes that led to a local school. In response, they started a group and organised a protest. Hundreds of people joined the protest. While walking through the streets protesting, a few people in the group started looting local shops and causing damage to buildings and vehicles. Their actions lead to many citizens following their example. Soon hundreds of shops are looted, damaged and even burned down and various businesses suffer great losses. Which of the following statements are FALSE? A. This protest is protected in terms of section 17 of the Constitution since it constitutes an assembly.

B. This protest constitutes a protected assembly since the people are gathering in public for a collective purpose.

C. This protest is not protected in terms of section 17 of the Constitution because it is not peaceful and unarmed.

D. The organisers of protest can be held liable for the damage that the looters caused if they did nothing to prevent potential damage.

E. The organisers of protest cannot be held liable for the damage that the looters caused if they took reasonable steps to prevent potential damage.

F. Options A and D are false

G. Options A and B are false

H. None of the above are false

29. Which of the following statements are true?

[1] Section 38of the Constitution is not applicable when governmental decisions on socio-economic rights are considered by a court of law.

[2] The State has anobligation to provide alternative accommodation to people who are evicted from State property, but not for those evicted from private property.

[3]If the state respects and protects South Africans' socio-economic rights, it is in full compliancewith section 7(2) of the Constitution.

[4]Although it is not expressly stated in the Constitution, the courts have held that socio-economic rights can in most casesonly be claimed by South African citizens, due to cost considerations.

[5]Due to their nature, disputes regarding the realisation of socio-economic rights may not be referred to public bodies such as the SA Human Rights Commission or Public Protector - only the courts may consider these disputes.

• A.[1], [2], [3]
• B.[2], [3], [4]
• C.[3], [4], [5]
• E. All of the above are true D. [1], [3], [5]
• F. None of the above are true

30. Suppose the Minister of Health says the following statements during a media conference:"In its recent judgment in X v Y, the Supreme Court of Appeal has misdirected itself on its role during the adjudication of the right to access to health services in South Africa." He continues to say the following three statements:

[1] "Courts should try to avoidinvalidatinggovernmental policy, as the democratically elected political rulers are generally better-placed decide on the bestapproach to give effect to the right to health services protected in the Constitution."

[2] "Whether or not any governmental policy on access to health services is reasonableis only forthe President and his Cabinet to decide, being the democratic representatives of the people of South Africa.

[3] "Even if a court of law declares a governmental policy unconstitutional and invalid, it should then refrain from making any other pronouncements or giving any additional order or remedies whatsoever, as it will overstep its constitutional mandate by doing so."

Which of the above statements are correct?

A. [1]

B. [1], [2]

C. [1], [3]

D. [2], [3]

E. All of the above are correct