1.Select the correct statement: a. With the Parliamentary System the head of government derives democratic legitimacy from the electorate directly. b. With the Presidential System the head of government derives democratic legitimacy from the electorate directly. c. With the Parliamentary System the head of government derives democratic legitimacy from the constitution. d. With the Presidential System the head of government derives democratic legitimacy from the constitution. 2.Choose the correct statement: a. If there are reasonable grounds to suspect impeachable conduct or incapacity, the Judicial Service Commission must request the President to appoint a Judicial Conduct Tribunal. b. A judge who is subject to the disciplinary procedures of the Judicial Service Commission is entitled to be assisted by a legal representative during the Tribunal hearings but may not make representations to the Judicial Service Commission after the Tribunal issues its report and findings. c. The determinations of the Judicial Conduct Committee must meet the burden of proof of beyond a reasonable doubt due to the serious consequences of impeachment of a judge. d. The determinations of the Judicial Conduct Tribunal are made on balance of probabilities and the Tribunal submits the report of its findings to the Judicial Service Commission. Clear my choice 3.Select the correct statement: The US House of Representatives has the authority to: a. Vote for a motion of no confidence against the President. b. Vote for the President to be impeached, convicted and removed from office. c. Vote for impeachment, with conviction hearings to be conducted against the President in the US Senate. d. Conduct impeachment hearings against the President with the chief justice presiding and the congressmen acting as jury. 4. Choose the correct statement: Exclusive jurisdiction: a. Involves disputes in which organs of state are directly involved and it must be certain that the outcome will have dire political consequences. b. Include disputes where crucial political questions are posed and the court would have to intrude into the executive domain when deciding the legal issue. c. Involves disputes between organs of the state in the national and provincial sphere regarding powers which they hold according to legislation. d. Is applicable where political matters are involved as long as the requirements of section 167(4) of the Constitution are met. Clear my choice 5. Choose the incorrect statement: The Constitutional Court hears appeals from other courts: a. But not where the parties have not exhausted the avenues for appeal preceding an appeal to the Constitutional Court. b. Including in non-constitutional matters, but only in cases where arguable points of law are raised that are of general public importance. c. In constitutional matters considering factors such as the saving of time and money, and the prospect of success. d. And considers the importance of having the judgments of the lower appeal courts in which the relevant matter is analysed. Clear my choice 6. Select the correct statement: The President is authorised to: a. Delegate the appointment of cabinet ministers to other cabinet ministers. b. Delegate the appointment of cabinet ministers to the National Executive Committee (NEC) of his political party; c. Delegate the executive authority of the Republic to cabinet ministers. d. Delegate the appointment of cabinet ministers to Parliament. 7. Choose the incorrect statement: The constitutional role of the judiciary has changed fundamentally since 1994 and now has a number of functions, which include the following: a. The judiciary exercises the power to assess whether laws passed by Parliament and the provincial legislatures confirm to the provisions of the Constitution. b. The judiciary seeks to preserve and foster basic human rights created under a constitutional state. c. The judiciary is responsible for administering traditional courts. d. The judiciary ensures that the executive adheres to the norms, values and principles set out in the Constitution. 8. Choose the incorrect statement: a. The state is permanent, but the government can change from time to time and the civil service being a political institution should support the governing party, which might require a change of personnel. b. The term 'State' can sometimes refer to the 'organised authority of a particular political community which manages the public affairs of that community'. c. The term 'State' can sometimes be used to mean a 'country,' in other words, 'an independent, politically organised community living in a defined territorial area.' d. The government and state in a liberal democracy are quite separate entities with the government merely being one of the organs of governance within the state, to which the doctrine of the separation of powers applies. 9. Select the correct statement: In fulfilling the Cabinet's obligation to be accountable to Parliament:- a. It is sufficiently discharged only if cabinet ministers are ready to report to Parliament on a day to day basis, whenever required by Parliament. b. It is sufficient for cabinet ministers to report to Parliament in writing on a regular basis. c. It is sufficient for cabinet ministers to report to Parliament on an annual basis. d. It is sufficient for cabinet ministers to report to Parliament every Wednesday at question time 10. Choose the incorrect statement: The Judicial Service Commission Act sets out the requirements for disciplinary offences as follows: a. Serious but non-impeachable offences include instances where the relevant designated Head of Court is of the view that the complaint should not be dismissed but must be referred to the Chair of the Judicial Conduct Committee. b. Impeachable offences include incapacity giving rise to a judge's inability to perform the functions of judicial office in accordance with prevailing standards, or gross incompetence, or gross misconduct and must be referred by the Judicial Conduct Committee to the Judicial Conduct Tribunal. c. Lesser offences that would be dismissed out of hand include those that are solely related to the merits of a judgment or order; are frivolous or lacking in substance; or are hypothetical. d. Impeachable offences must be heard by the Judicial Conduct Committee, where a legal representative may represent the person whose conduct is impugned. 11. Question text The President has sought public input and appointed a panel to identify nominees for the position of Chief Justice. Assume that the appointment process is delayed and a Chief Justice has not yet been appointed. The Office of the President has not issued a statement to indicate the reasons for the delay despite multiple requests to do so. Justice United, an NGO, seeks direct access to the Constitutional Court to challenge the delay in appointed the Chief Justice. Justice United seeks your advice regarding the legal principles that apply to its application for direct access. Choose the correct statement: The applicant must show: a. That the urgency is self-created. b. That the President failed to fulfil a positive legislative obligation. c. That granting direct access is in the interests of justice. d. That the urgency is such that the delay in securing a definitive ruling would collapse the Judiciary. 12. Choose the incorrect statement: a. The Public Protector has the power to investigate any government administrative action that is alleged or suspected to be improper or to result in impropriety or prejudice. b. The Public Protector has the power to investigate any conduct of the Government. c. The Public Protector has the power to report on conduct that falls within its authorised area of action and to order appropriate remedial action. d. The Public Protector has the power to investigate the conduct of private individuals' affairs with regard to their finances. 16. The Constitution Seventeenth Amendment Act of 2012 introduced changes in the jurisdiction of the courts, especially the Constitutional Court and Supreme Court of Appeal. In relation to that amendment choose the correct statement: a. The Constitutional Court may decide constitutional matters only. b. The Constitutional Court may decide matters that raise an arguable point of law of general public importance which ought to be considered by that Court. c. The Constitutional Court may decide any matter that comes before it, including constitutional matters. d. The Constitutional Court may decide constitutional matters and any other matter if the Constitutional Court grants leave to appeal on the grounds that the matter raises an arguable point of law of general public importance which ought to be considered by that court. Clear my choice 14. Select the correct statement: a. Ministers are only accountable to the legislature collectively, not individually. b. Ministers may not disclose their disagreement with cabinet decisions publicly. c. Ministers may not make joint decisions with other ministers unless the decision is made with all the other ministers in cabinet. d. Ministers are accountable to the National Assembly only