Answer to Question #158126 in English for Law3.4

Question

Which one of the following statements regarding the spirit, aim and special features of the 1996 Constitution is correct?

(1) Constitutionalism means that parliament is sovereign and that it makes any law.

(2) The Constitutional Court is the only court that may hear constitutional matters.

(3) The Constitution addresses social and economic injustices of the past.

(4) The concept of ubuntu is explicitly mentioned in the final Constitution, 1996.

Question 4

Read the following statement and answer the question that follows:

The Constitutional Court decided that the definition of marriage in the Marriage Act 25 of 1961

was unconstitutional on the grounds of the right to equality and the right to human dignity. It

therefore held that a permanent cohabitation relationship had to be included in the definition of

marriage.

In which case was this decided?

(1) S v Makwanyane and Another (CCT 3/94) 1995 (3) SA 391 (CC)

(2) Fraser v Children’s Court, Pretoria North and Others 1997 (2) SA 261 (CC)

(3) Minister of Home Affairs and Another v Fourie and Another (CCT 60/04) [2005] ZACC 19

(4) Richter v Minister of Home Affairs and Others (CCT03/09, CCT 09/09) [2009] ZACC 3

Answer 1

PART A

(2) The Constitutional Court is the only court that may hear constitutional matters.

PART B

(1) S v Makwanyane and Another (CCT 3/94) 1995 (3) SA 391 (CC)