Test on South African Courts and Dispute Resolution

Question 1: In mediation, the third-party mediator is responsible for making the final decision to resolve the dispute between the parties.

A. Ano

B. Ne

Explanation: The study materials state that the 'Mediator does not decide but assists and encourages parties to find a solution for themselves' and that the 'Decision not left in a third party'. The parties themselves find the solution.

Question 2: In negotiation, the conflicting parties are in control of the entire process and the solution.

A. Ano

B. Ne

Explanation: Negotiation takes place when conflicting parties talk to each other to find a solution which satisfies both, and the parties are in control of the whole process and solution.

Question 3: Which statement accurately describes the role and impact of an appointed expert in an arbitration process?

A. The expert's decision serves as a non-binding recommendation, requiring further negotiation between parties.

B. The parties are compelled to abide by the expert arbitrator's final decision, with no right of appeal.

C. The expert arbitrator primarily facilitates communication between parties, without making a decision themselves.

D. The expert arbitrator's decision can only be made a court order if both parties explicitly agree after the decision is rendered.

Explanation: In arbitration, parties agree to appoint a third party (who is usually an expert in the field) to resolve the dispute. The arbitrator makes a final decision which the parties are compelled to abide by, and there is no right of appeal. The arbitrator’s decision can also be made a court order. Options 0 and 2 describe mediation principles rather than arbitration. Option 3 is incorrect as the material states 'Arbitrator’s decision can be made a court order' without requiring post-decision agreement from parties for this specific step, rather the agreement for arbitration itself implies accepting this possibility.

Question 4: Which of the following are advantages of arbitration as a method of Alternative Dispute Resolution (ADR) in the South African legal system, according to the study materials?

A. Parties have control over the procedure.

B. The arbitrator's decision is final and concludes the matter.

C. The agreement reached can only be made an order of court if both parties consent after the process.

D. Only parties can present their own cases, legal representation is not permitted.

Explanation: The study materials state that in arbitration, 'Parties have control over procedure' and 'Arbitrator takes a final decision' which 'Concludes the matter'. The statement that the agreement 'can only be made an order of court if both parties consent after the process' is incorrect as the materials state the arbitrator's decision 'Can be made an order of court' implying this is a direct outcome. The statement that 'Only parties can present their own cases, legal representation is not permitted' is also incorrect as the materials explicitly state parties 'Or make use of legal representation'.

Question 5: The Constitutional Court has exclusive jurisdiction in all appeals concerning the constitutionality of any Act of Parliament.

A. Ano

B. Ne

Explanation: While the Constitutional Court has exclusive jurisdiction over the constitutionality of a parliamentary Act as a court of first instance, the study materials indicate that when a High Court or Supreme Court of Appeal declares an act of Parliament unconstitutional, such declaration must be referred to the Constitutional Court for confirmation. This implies that other courts can initially rule on constitutionality, making it not an exclusive appellate jurisdiction for all such appeals, but rather a confirmation role in certain instances.