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The Bill of Rights in South Africa
What does Bill of Rights mean in South Africa?
This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. The state must respect, protect, promote and fulfil the rights in the Bill of Rights. The rights in the Bill of Rights are subject to the limitations contained or referred to in section 36, or elsewhere in the Bill.
How many rights are in the Bill of Rights of South Africa?
As South Africans celebrate Human Rights Day on March 21, we look at 15 rights every citizen must know. The Bill of Rights protects the rights of every South African, and it’s important that all South Africans know their most basic rights afforded to them. Below are some of the most crucial rights you should know.
What are the Applications of Bill of Rights in South Africa?
- The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state.
- A provision of the Bill of Rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right.
- When applying a provision of the Bill of Rights to a natural or juristic person in terms of subsection (2), a court
- in order to give effect to a right in the Bill, must apply, or if necessary develop, the common law to the extent that legislation does not give effect to that right; and
- may develop rules of the common law to limit the right, provided that the limitation is in accordance with section 36(1).
