Flashcards on Legal Philosophy and Justice in South African Law
Legal Philosophy and Justice in South African Law: Student Guide
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Case law
10 cards
Card 1
Question: What legal protection issue did Muslim wives face before Amod v Multilateral Motor Vehicle Accidents Fund (1999)?
Answer: Muslim marriages (Nikkah) that were not formally registered under the Marriage Act 25 of 1961 were not legally recognized, preventing wives from claim
Card 2
Question: What did the court decide in Amod v Multilateral Motor Vehicle Accidents Fund (1999)?
Answer: The court held that the existing state of affairs was inconsistent with the ethos of tolerance, pluralism and religious freedom and gave recognition t
Card 3
Question: What was the constitutional issue raised in Christian Education South Africa v Minister of Education (2004)?
Answer: Whether section 10 of the South African Schools Act 84 of 1996, which prohibits corporal punishment in schools, limited the group's constitutional rig
Card 4
Question: What practice did the Christian group claim was protected by their religion in Christian Education South Africa v Minister of Education (2004)?
Answer: They argued that biblical instruction allowed the corporal punishment (beating) of a misbehaving child.
Card 5
Question: Who were the accused in S v Makwanyane (1995) and what were they convicted of?
Answer: The accused were Makwanyane and Mchunu; they were convicted of four counts of murder, one count of attempted murder and one count of robbery with aggr
Card 6
Question: What sentence did the trial court impose in S v Makwanyane before appeal?
Answer: They were sentenced to death on each count of murder and to long terms of imprisonment on the other counts.
Card 7
Question: What statutory provision allowed the death penalty at the time of S v Makwanyane (1995)?
Answer: Section 277(1)(a) of the Criminal Procedure Act No. 51 of 1977 prescribed the death penalty as a competent sentence for murder.
Card 8
Question: What constitutional question was considered on appeal in S v Makwanyane (1995)?
Answer: Whether the death penalty provision was consistent with the Republic of South Africa Constitution, 1993.
Card 9
Question: What did the Constitutional Court decide in S v Makwanyane (1995) about the death penalty?
Answer: The Constitutional Court decided that the death penalty is unconstitutional.
Card 10
Question: What important principle did Judge Chaskalson emphasize in S v Makwanyane (1995) regarding public opinion?
Answer: He stated that public opinion cannot substitute for the courts' duty to interpret and uphold the Constitution; even if the majority support the death