Choose the correct word(s) from those given in brackets.
Question:
The law of obligation forms part of (private/public) law.
Answer and Explanation:
Private law.
In South Africa, the law of obligation, which includes contracts and duties between individuals, forms part of private law. It governs relationships between private individuals or entities, ensuring that their rights and responsibilities towards one another are upheld. Unlike public law, which deals with the state and its citizens, private law addresses civil matters such as agreements, liabilities, and personal duties.
Question:
The (principle of legality/rule of law) means that all the power of the administration must be authorised by law.
Answer and Explanation:
Principle of legality.
The principle of legality in South African public law ensures that all government or administrative actions are backed by legal authority. This means that the state’s powers, particularly those involving decision-making and enforcement, cannot be arbitrary but must be exercised within the confines of the law, protecting citizens from abuse of power.
Question:
In (mandate/deconcentration), certain powers and functions are transferred from the higher to the lower organ.
Answer and Explanation:
Mandate.
A mandate involves the delegation of specific responsibilities or authority from a higher to a lower administrative level or body. In South African public law, this allows more localized decision-making by empowering lower-level authorities or institutions, ensuring efficiency and better service delivery while maintaining accountability to the higher authorities.
Question:
The (plaintiff/defendant) is the person against whom the action is instituted and who may raise a defence against the action.
Answer and Explanation:
Defendant.
In legal proceedings within South Africa’s public law context, the defendant is the individual or entity that the case is brought against. They have the right to defend themselves against the claims made by the plaintiff. In public law cases, this could involve disputes between the state and a citizen or organization regarding the enforcement of public duties or rights.
Question:
The South African law is based on English law called (judicial review/parliamentary system).
Answer and Explanation:
Parliamentary system.
South Africa’s legal framework draws heavily from the English parliamentary system, particularly in the structure and functioning of its legislative and judicial processes. The parliamentary system involves the elected legislature (Parliament) passing laws and holding the executive accountable, with the judiciary playing a key role in interpreting and upholding these laws.
Complete the following sentences by filling in the missing word(s).
Question:
The … handles deceased estates in his/her judicial area.
Answer and Explanation:
Master of the supreme court.
In South Africa, the Master of the Supreme Court is the official responsible for overseeing the administration of deceased estates. This includes ensuring that wills are executed correctly, supervising executors, and protecting the rights of heirs and beneficiaries. This role is crucial in public law, as it regulates the legal processes around inheritance.
Question:
The supreme court consists of two divisions, namely the … and … division.
Answer and Explanation:
Local and provincial division.
South Africa’s Supreme Court of Appeal is divided into local and provincial divisions. These divisions allow for the effective administration of justice across the country, with courts positioned to address cases based on geographic jurisdiction. These courts handle serious legal matters, including appeals from lower courts, ensuring that legal decisions are fair and based on sound principles.
Question:
The function of … is to reduce the contents of articles themselves and hence to make the law more manageable.
Answer and Explanation:
Addendums.
Addendums serve the important purpose of simplifying or modifying legal documents, making the law more manageable for all parties involved. In public law, addendums may be added to regulations or policies, providing clarifications or updates that streamline governance and legal compliance.
Question:
If an applicant can prove that a particular action of an authority will be to his/her detriment or will impinge on his/her rights, he/she can apply for a/an …
Answer and Explanation:
Interdict.
An interdict is a legal remedy available in South African law to prevent an unlawful action from being carried out. If a person can demonstrate that a public authority’s action infringes on their rights or causes harm, they can request an interdict from the court to halt the action. This is an important tool in public law to protect individuals from government overreach.
Question:
The judicial authority of the Republic is vested in the …
Answer and Explanation:
Courts.
In South Africa, judicial authority is vested in the courts. This means that the judiciary, which includes the Constitutional Court, Supreme Court of Appeal, and lower courts, holds the power to interpret and apply the law, ensure justice is served, and maintain the rule of law. The independence of the judiciary is critical in upholding constitutional rights and ensuring fair governance.
Question:
The … is the head of the judiciary and exercises responsibility over the establishment and monitoring of norms and standards for the exercise of the judicial functions of all courts.
Answer and Explanation:
Chief Justice.
The Chief Justice in South Africa is the head of the judiciary and is responsible for overseeing the effective functioning of the courts. This role includes setting norms and standards for judicial conduct, ensuring the independence of the judiciary, and guiding the administration of justice in line with the Constitution and public law.
Question:
… is the customary law of the black communities in South Africa dealing with matters such as the giving of lobolo before marriage.
Answer and Explanation:
Indigenous law.
Indigenous law, also known as customary law, governs the legal traditions and customs of South Africa’s black communities. It deals with personal matters such as marriage (including the practice of giving lobolo), family, and inheritance. Recognized within the broader legal framework, it forms part of South Africa’s plural legal system.
Question:
The … court adjudicates matters relating to labour disputes between an employer and employee relating to unfair labour practices.
Answer and Explanation:
Labour court.
The Labour Court of South Africa adjudicates disputes between employers and employees, particularly those involving unfair labor practices. It plays a key role in public law by ensuring that employment laws are applied fairly, resolving conflicts, and protecting the rights of both workers and employers under labor legislation.
Question:
The main function of … is to protect the interests of the state by acting for all government departments and administrations in civil cases and for officials sued in their official capacity.
Answer and Explanation:
State attorney.
The State Attorney in South Africa represents the government in civil litigation. This official’s role is to protect the state’s interests in legal proceedings, including defending government departments and officials when sued in their official capacity. The State Attorney plays a key part in public law by managing the state’s legal affairs efficiently.
Give ONE word/term for each of the following descriptions.
Question:
The person who receives and investigates complaints from the public against government agencies or officials and has the power to recommend corrective action and to issue reports.
Answer and Explanation:
Ombudsman.
The Ombudsman is an independent public official who investigates complaints from individuals against government agencies or officials. The Ombudsman ensures accountability in public administration by addressing grievances, recommending corrective actions, and promoting transparency.
Question:
The unwritten rules which exist in any community by unspoken consent.
Answer and Explanation:
Common law.
Common law consists of unwritten legal principles that develop over time through judicial decisions. In South Africa, common law plays an important role in public law, particularly in areas not covered by statutory law, as courts rely on these principles to ensure fairness and justice.
Question:
The section of law that regulates business transactions in commerce and industry.
Answer and Explanation:
Mercantile law.
Mercantile law, also known as commercial law, governs business transactions in South Africa. It regulates trade, contracts, partnerships, and corporate activities. As part of public law, it ensures that commercial dealings are conducted lawfully, supporting economic stability and growth.
Question:
The manner whereupon cases are brought from lower court to higher court for revision purposes.
Answer and Explanation:
Appeal.
An appeal is a legal process by which a case is brought before a higher court for review of the lower court’s decision. In South Africa’s public law system, appeals ensure that legal errors can be corrected, protecting individuals’ rights and upholding the integrity of the legal system.
Question:
The power, organisation and conduct of government administration regarding the validity of administrative proceedings.
Answer and Explanation:
Judicial control.
Judicial control refers to the oversight exercised by the courts over government administrative actions to ensure they comply with the law. This is a critical aspect of public law in South Africa, as it prevents arbitrary decisions by public officials and ensures that the rule of law is maintained in administrative processes.
JUNE 2018
Indicate whether the following statements are TRUE or FALSE.
Question: In an administrative-law relationship, one of the parties (subjects) must be a government.
The answer is True.
Question: The rights and privileges of private individuals are taken away when they enter into an administrative-law relationship (contract) with a government organ.
The answer is False.
Question: When the interpreter is interpreting in a court of law, the interpreter may step outside the wording of the law.
The answer is False.
Question: Review or revision is used when an administrative action is objected to.
The answer is True.
Question: Writings of modern authors are one of the sources of administrative law.
The answer is True.
Question: In an independent control relationship, one government organ has the authority to approve the actions of the other authority.
The answer is True.
Question: Delegation can be defined as the transfer of power from a higher person or body to a lower person.
The answer is True.
Question: A legal subject can be defined as anyone or anything that can be the bearer of rights and duties.
The answer is True.
Question: Common law is the rules that are not valid for the entire country.
The answer is False.
Question: Legislation is a group of legal rules that bind the whole society.
The answer is True.
Complete the following sentences by filling in the missing word(s).
Question: The person who institutes the claim is called the (a) …, and the person against whom the action is instituted is called the (b) …
The answer is (a) Plaintiff, (b) Defendant.
Explanation: In legal proceedings, the plaintiff is the individual or entity who brings a case to court, asserting that they have been wronged or have a legal claim. The defendant is the party against whom the claim is brought, defending against the allegations.
Question: The (a) … of Appeal has jurisdiction within the whole of South Africa and is based in (b) …
The answer is (a) Supreme Court, (b) Bloemfontein.
Explanation: The Supreme Court of Appeal is South Africa’s highest court for all non-constitutional matters. It has jurisdiction over cases from across the country, and its headquarters is located in Bloemfontein.
Question: The … courts deal with the customary issues in terms of customary law.
The answer is Traditional courts.
Explanation: Traditional courts handle disputes and legal issues arising from customary law, which governs many cultural and community-related matters in South African society, particularly in rural areas.
Question: Law of succession deals with a person’s … after his/her death.
The answer is Estate.
Explanation: The law of succession governs how a person’s property (their estate) is distributed after they pass away, ensuring that their assets are passed on according to a will or legal principles.
Question: A police officer acts as … and must maintain order in court and ensure security.
The answer is Court orderly.
Explanation: A court orderly is a police officer or other official responsible for maintaining peace and security in the courtroom. They ensure the smooth running of proceedings by keeping order.
Question: Sovereignty means that in every state there is a … that is not subject to any other authority.
The answer is Higher authority.
Explanation: Sovereignty refers to the ultimate authority in a state that is not subordinate to any other entity. It is the concept that a government or ruler holds the supreme power to govern and make decisions within its jurisdiction.