Chapter Two of the Constitution of South Africa
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Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa. The rights in the Bill apply to all law, including the common law, and bind all branches of the government, including the national executive, Parliament, the judiciary, provincial governments, and municipal councils. Some provisions, such as those prohibiting unfair discrimination, also apply to the actions of private persons.
History
South Africa's first bill of rights was drafted primarily by
Application
§7: 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.
The extent of the jurisdiction and application of the Bill of Rights is delineated by sections 7 and 8, the bill's opening sections, which are titled "Rights" and "Application" respectively. Section 7 entrenches the Bill of Rights as a "cornerstone of democracy in South Africa" and requires the state to "respect, protect, promote and fulfil the rights in the Bill of Rights", though it also notes that rights are subject to limitation
.Rights-bearers
According to section 7(1), the Bill of Rights "enshrines the rights of all people in our country". The text of specific provisions grants most rights to "everyone", with the exception of some rights that are expressly restricted to smaller groups of beneficiaries (most usually to
Certain constitutional rights are extended to
Duty-bearers
Affirming the value of
Section 8 also provides scope for horizontal effect insofar as section 8(2) provides that, "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." Section 8(3) requires that, when a court applies the Bill of Rights in this way, it may develop the common law accordingly. Khumalo v Holomisa and Ramakatsa v Magashule are prominent cases involving the horizontal application of the Bill of Rights to private disputes.[3][4]
Rights
Equality
§9(1)–(2): Everyone is equal before the law and has the right to equal protection and benefit of the law. Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.
The first right protected by the Bill of Rights is the right to equality, located in section 9 of the Constitution, which contains strong provisions on
Subsections 9(3) to 9(5) deal expressly with unfair discrimination. Discriminatory conduct or legislation is treated differently according to the grounds for the discrimination in question, and, in particular, according to whether it constitutes discrimination on the basis of one of the "listed grounds" enumerated explicitly in section 9(3). and birth.
Unfair discrimination on a listed ground is impermissible, regardless of whether it is direct or
Section 9(4) additionally provides that national legislation must be enacted "to prevent or prohibit unfair discrimination"; the legislation thus enacted was the
Human dignity
§10: Everyone has inherent dignity and the right to have their dignity respected and protected.
Section 10 provides that, "Everyone has inherent dignity and the right to have their dignity respected and protected". This right to dignity is one of several places in which dignity features in the South African Constitution and constitutional law, and, though it is often considered alongside other rights, it is rarely on its own dispositive.[6] Thus in Dawood v Minister of Home Affairs, Justice Kate O'Regan wrote for a unanimous Constitutional Court that:
Human dignity... informs constitutional adjudication and interpretation at a range of levels. It is a value that informs the interpretation of many, possibly all, other rights... Section 10, however, makes it plain that dignity is not only a value fundamental to our Constitution, it is a justiciable and enforceable right that must be respected and protected. In many cases, however, where the value of human dignity is offended, the primary constitutional breach occasioned may be of a more specific right such as the right to bodily integrity, the right to equality or the right not to be subjected to slavery, servitude or forced labour.[ii]: 35
Nonetheless, Dawood itself is emblematic of a major category of exceptions to this general rule, in which dignity itself has operated as a dispositive, first-order rule; these exceptions largely relate to intimate associations such as marriage, the Dawood court having held that the right to family life is implicitly protected by section 10 insofar as family relationships are of "defining significance" for many individuals.[6]
Life
§11: Everyone has the right to life.
Section 11 protects a universal
As suggested by the Makwanyane ratio, the right to life is universal and is not forfeited by wrongful or criminal conduct.
Freedom and security of the person
§12: Everyone has the right to freedom and security of the person, which includes the right— not to be deprived of freedom arbitrarily or without just cause; not to be detained without trial; to be free from all forms of violence from either public or private sources; not to be tortured in any way; and not to be treated or punished in a cruel, inhuman or degrading way. Everyone has the right to bodily and psychological integrity, which includes the right— to make decisions concerning reproduction; to security in and control over their body; and not to be subjected to medical or scientific experiments without their informed consent.
§13: No one may be subjected to slavery, servitude or forced labour.
Section 12 protects two sets of universal
Many of these rights played an important role in the Constitutional Court's early jurisprudence, particularly insofar as they were "refracted through the prism of dignity" by the court.[6] Section 12 ultimately had particular import for state liability under the South African law of delict and for the state's treatment of detained and convicted persons.[6] Relevant Constitutional Court judgments in this connection include De Lange v Smuts, S v Dodo, Zealand v Minister of Justice, and Mohamed v President.
More directly, the protections for
Privacy
§14: Everyone has the right to privacy, which includes the right not to have— their person or home searched; their property searched; their possessions seized; or the privacy of their communications infringed.
Section 14 protects a universal right to privacy. In addition to the general right to privacy, the provisions protects four specific aspects of privacy, relating respectively to search and seizure and private communications: it prohibits searches of an individual's home, person, or property; the seizure of their possessions; or infringements upon "the privacy of their communications".
The Constitutional Court, considering the content of the right to privacy for the first time, held in Bernstein v Bester that the scope of the privacy right extends only to contexts in which an individual has a legitimate expectation of privacy (akin to
Other important cases concerning the right to privacy include Mistry v Interim National Medical and Dental Council of South Africa, Investigating Directorate: Serious Economic Offences v Hyundai Motor Distributors, Case v Minister of Safety and Security, De Reuck v Director of Public Prosecutions, and Minister of Justice and Constitutional Development v Prince, all judgments in criminal law or criminal procedure
Freedom of religion and thought
§15(1): Everyone has the right to freedom of conscience, religion, thought, belief and opinion.
Section 15(1) provides for the universal right to freedom of conscience; freedom of religion; and freedom of thought, belief, and opinion. The right to freedom of religion has generated the largest body of case law, including such cases as Christian Education South Africa v Minister of Educationand Minister of Home Affairs v Fourie. In Christian Education, as well as in the earlier matter of S v Lawrence; S v Negal; S v Solberg, the Constitutional Court adopted the Supreme Court of Canada's definition of freedom of religion, as articulated in R v Big M Drug Mart.[9] Under this definition, freedom of religion "includes both the right to have a belief and the right to express such belief in practice".[v]: 19 In addition, the right to practise one's religion and form religious associations is explicitly protected elsewhere in the Bill of Rights .[10]
Sections 15(2) and 15(3) clarify the scope and implication of the freedoms protected in section 15(1). Section 15(2) provides that, "
Freedom of expression
§16(1): Everyone has the right to freedom of expression, which includes— freedom of the press and other media; freedom to receive or impart information or ideas; freedom of artistic creativity; and academic freedom and freedom of scientific research.
Section 16(1) protects a universal right to
In Islamic Unity Convention v Independent Broadcasting Authority, the Constitutional Court confirmed that the categories of expression enumerated in section 16(2) fall outside of the ambit of constitutionally protected speech; however, it also held that section 16(1) protects any expression that is not specifically excluded under section 16(2), and any regulation of such expression limits the section 16(1) right.[vi] Thus, in line with Islamic Unity Convention, South African courts have interpreted freedom of expression broadly.[6] Notably, the Constitutional Court held in De Reuck v Director of Public Prosecutions that child pornography is a form of protected expression, though it is "of little value", "does not implicate the core values of the right", and "is found on the periphery of the right".[vii]: 59 The Supreme Court of Appeal has held that commercial speech also constitutes protected expression.[11]
The Equality Act of 2000 contains statutory prohibitions on hate speech which are broader than the limitations implied by section 16(2). In Qwelane v South African Human Rights Commission, the Constitutional Court considered whether those statutory prohibitions are consistent with the section 16 right to freedom of expression.[12]
Assembly and protest
§17: Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions.
Section 17 provides for a universal
Freedom of association
§18: Everyone has the right to freedom of association.
Section 18 protects the universal right to
Citizens' rights
Political rights
§19: Every citizen is free to make political choices, which includes the right— to form a political party; to participate in the activities of, or recruit members for, a political party; and to campaign for a political party or cause. Every citizen has the right to free, fair and regular elections for any legislative body established in terms of the Constitution. Every adult citizen has the right— to vote in elections for any legislative body established in terms of the Constitution, and to do so in secret; and to stand for public office and, if elected, to hold office.
§20: No citizen may be deprived of citizenship.
Section 19 grants a detailed set of
These sections are closely related to South Africa's history of racial suffrage and widespread disenfranchisement; they are therefore also closely related to section 20, which provides that, "No citizen may be deprived of citizenship". In Ramakatsa v Magashule, the Constitutional Court said of section 19 that:
The scope and content of the rights entrenched by this section may be ascertained by means of an interpretation process which must be informed by context that is both historical and constitutional. During the apartheid order, the majority of people in our country were denied political rights which were enjoyed by a minority... Many organisations whose objectives were to advance the rights and interests of black people were banned. These organisations included the present ANC. Participation in the activities of these organisations constituted a serious criminal offence that carried a heavy penalty. The purpose of section 19 is to prevent this wholesale denial of political rights to citizens of the country from ever happening again.[ix]: 64
The Constitutional Court has a large body of case law on the interpretation of the political rights, including a large number in electoral law. In addition to New Nation Movement and Ramakatsa, important cases include UDM v President, New National Party v Government, August v Electoral Commission, and Minister of Home Affairs v NICRO.
Civil rights
§21(3)–(4): Every citizen has the right to enter, to remain in and to reside anywhere in, the Republic. Every citizen has the right to a passport.
Under the heading of "Freedom of Movement and Residence", section 21(3) provides that citizens have "the right to enter, to remain in and to reside anywhere in, the Republic", and section 21(4) provides for citizens' right to a passport. These protections are closely connected to the former pass laws and Group Areas Act, both detested apartheid policies;[6] the latter was a new addition to the 1996 Constitution, having no analogue in the Interim Constitution.[17] The most direct use of section 21 rights in constitutional litigation was in Geuking v President, wherein it was contended that section 21(3)'s right to "remain in" South Africa must be considered when the state assents to the extradition of a citizen under the Extradition Act 67, 1962; however, the court rejected that contention.[x]
§22: Every citizen has the right to choose their trade, occupation or profession freely. The practice of a trade, occupation or profession may be regulated by law.
Section 22 enshrines citizens' right to freedom of trade, freedom of occupation, and freedom of profession. It also provides that the practice of a trade, occupation, or profession may be regulated by law. Section 22 rights have most often been litigated in cases involving agreements in restraint of trade.[6][18] In that context, in Reddy v Siemens, Acting Judge of Appeal Frans Malan suggested, on behalf of a unanimous Supreme Court of Appeal, that freedom of contract is "an integral part" of the section 22 right.[xi]: 15 Likewise, Chief Justice Pius Langa wrote in Phumelela Gaming and Leisure v Gründlingh that:
The Bill of Rights does not expressly promote competition principles, but the right to freedom of trade, enshrined in section 22 of the Constitution is, in my view, consistent with a competitive regime in matters of trade and the recognition of the protection of competition as being in the public welfare.[xii]: 36
Section 22's predecessor in the Interim Constitution was not restricted in application to South African citizens and therefore could plausibly accommodate non-citizens and even juristic persons in the protections it offers.[6] During the constitutional certification process, the Constitutional Court considered a challenge to this narrowing of scope but rejected it on the basis that section 22 remained consistent with international human rights instruments.[xiii]: 17–18
Freedom of movement
§21(1)–(2): Everyone has the right to freedom of movement. Everyone has the right to leave the Republic.
While sections 21(3) and 21(4) are limited to South African citizens, sections 21(1) and 21(2) are not. They provide, respectively, for a universal right to freedom of movement and for a universal "right to leave the Republic". In Affordable Medicines Trust v Minister of Health, the Constitutional Court considered the application of the right to freedom of movement to a licensing scheme under which pharmaceutical licenses could only be exercised at particular premises; in that case, it held that "the right to decide where one will practise one's profession" is subject to regulation under section 22 of the Constitution, since it is a right relating to the practice of a profession.[xiv]: 102
Labour relations
§23(1)–(3): Everyone has the right to fair labour practices. Every worker has the right— to form and join a trade union; to participate in the activities and programmes of a trade union; and to strike. Every employer has the right— to form and join an employers’ organisation; and to participate in the activities and programmes of an employers' organisation.
Section 23 sets out several
Section 23 concludes with the provisos, in section 23(5) and section 23(6) respectively, that national legislation may be enacted to regulate collective bargaining and to recognise
Environment
§24: Everyone has the right— to an environment that is not harmful to their health or wellbeing; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that— prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.
Section 24 sets out two universal
In Eskom v Vaal River Development Association, the Constitutional Court held that electricity supply restrictions, effected by
Property
Section 25, the so-called property clause, explicates constitutional
§25(1)–(2): No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property. Property may be expropriated only in terms of law of general application— for a public purpose or in the public interest; and subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court.
The heart of constitutional property rights is subsections 25(1) and 25(2), which protect persons against deprivation of property and
§25(3): The amount of the compensation [for expropriated property] and the time and manner of payment must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected, having regard to all relevant circumstances, including— the current use of the property; the history of the acquisition and use of the property; the market value of the property; the extent of direct state investment and subsidy in the acquisition and beneficial capital improvement of the property; and the purpose of the expropriation.
Section 25(3) provides further guidance on the circumstances in which expropriation is permissible. It requires that, "The amount of the compensation and the time and manner of payment must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected, having regard to all relevant circumstances". Subsections 25(3)(a)–(e) provide a non-exhaustive list of five factors which are deemed to be "relevant circumstances". The interpretation of section 25(3)'s requirement of "just and equitable compensation" has been highly controversial.
Remaining provisions of section 25 concern the application of property rights to the state's pursuit of land reform, thus providing a constitutional framework for land reform.[6] The broad basis for this framework is section 25(8), which provides that, "No provision of this section may impede the state from taking legislative and other measures to achieve land, water and related reform, in order to redress the results of past racial discrimination". Moreover, section 25(4) provides that "the nation's commitment to land reform, and to reforms to bring about equitable access to all South Africa's natural resources" is an element of the "public interest" as deployed in sections 25(2) and 25(3).
The other, more specific provisions on land reform have been understood as granting land-related socioeconomic rights.
Housing
§26: Everyone has the right to have access to adequate housing. The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right. No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.
Section 26 grants two universal housing rights: "the right to have access to adequate housing", and the right to protection from arbitrary eviction. The right of access to housing, set out in section 26(1), is complemented, in section 26(2), by a positive responsibility on the state to take reasonable measures to achieve that right's "progressive realisation". This pair of provisions was interpreted by the Constitutional Court in the landmark case of Government v Grootboom, which held that the right to housing is justiciable and enforceable.[26]
Section 26(3), on the right to
Per Jaftha v Schoeman, housing rights have significant implications for
Basic services and social security
§27: Everyone has the right to have access to— health care services, including reproductive health care; sufficient food and water; and social security, including, if they are unable to support themselves and their dependants, appropriate social assistance. The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights. No one may be refused emergency medical treatment.
Section 27(1) enshrines three further universal
The first section 27(1) right is the
The second right in section 27(1) is the right of access to sufficient food and water. The
Finally, section 27(1) provides for the right of access to
Children's rights
§28(2): A child's best interests are of paramount importance in every matter concerning the child.
Section 28 provides for a number of
In respect of domestic and family life, children have the right "to a name and a nationality from birth; to family care or parental care, or to appropriate alternative care when removed from the family environment; to basic nutrition, shelter, basic health care services and social services; [and] to be protected from maltreatment, neglect, abuse or degradation". Two further rights concern child labour: children have the right "to be protected from exploitative labour practices" and "not to be required or permitted to perform work or provide services that— are inappropriate for a person of that child’s age; or place at risk the child’s well-being, education, physical or mental health or spiritual, moral or social development".
In criminal procedure, children have the right "not to be detained except as a measure of last resort". A child who is detained "may be detained only for the shortest appropriate period of time, and has the right to be kept separately from detained persons over the age of 18 years; and treated in a manner, and kept in conditions, that take account of the child's age". In civil procedure, children have the right "to have a legal practitioner assigned to the child by the state, and at state expense, in
Education
Section 29 enshrines the universal
§29(1): Everyone has the right— to a basic education, including adult basic education; and to further education, which the state, through reasonable measures, must make progressively available and accessible.
Under section 29(1)(a), there is a universal right to
Yet the wording of section 29(1)(a) does not entail that basic education must be free of charge,[6] and, in that respect, it is less strong than the Universal Declaration of Human Rights, which provides for free basic education.[31] However, courts have interpreted the section 29(1)(a) right to basic education to extend to access to the equipment that is necessary for such education:[32] in Minister of Basic Education v Basic Education for All, the Supreme Court of Appeal confirmed that section 29(1)(a) entitled all learners at public schools "to be provided with every textbook prescribed for his or her grade before commencement of the teaching of the course for which the textbook is prescribed".[xviii]
Section 29(2) provides further that, "Everyone has the right to receive education in the
Finally, section 29(3) provides for a universal right of individuals "to establish and maintain, at their own expense,
Culture, language, and communities
§30(1): Everyone has the right to use the language and to participate in the cultural life of their choice.
Sections 30 and 31 consider further
§31(1): Persons belonging to a cultural, religious or linguistic community may not be denied the right, with other members of that community— to enjoy their culture, practise their religion and use their language; and to form, join and maintain cultural, religious and linguistic associations and other organs of civil society.
Section 31 applies to "persons belonging to a cultural, religious or linguistic community", whom it provides "may not be denied the right... to enjoy their culture, practise their religion and use their language; and to form, join and maintain cultural, religious and linguistic associations and other organs of civil society." The provision extends to an individual community member's freedom to exercise these freedoms "with other members of that community", leaving it somewhat ambiguous whether the section 31 rights are
In Christian Education, Justice Albie Sachs pointed out, for a unanimous court, that section 31 "closely parallels" article 27 of the International Covenant on Civil and Political Rights, except that it refers to "communities" rather than "minorities": thus, "the interest protected by section 31 is not a statistical one dependent on a counter-balancing of numbers, but a qualitative one based on respect for diversity".[v]: 23–25
Both section 30 and section 31 conclude with internal limitations in section 30(2) and 31(2) respectively; in each case, the limitation is the proviso that the rights referred to may not be exercised "in a manner inconsistent with any provision of the Bill of Rights". In respect of section 31(2), Sachs found in Christian Education that the limitation sought "expressly to acknowledge the supremacy of the Constitution", preventing associational rights from "being used to 'privatise' constitutionally offensive group practices" or to shield "oppressive features of internal relationships primarily within the communities concerned".[v]: 26 Viewed in this light, these internal limitations take a clear stance on the so-called paradox of tolerance.[6]
Access to information
§32(1): Everyone has the right of access to— any information held by the state; and any information that is held by another person and that is required for the exercise or protection of any rights.
Section 32 provides for a universal right of
In the Certification judgment, the Constitutional Court held that section 32 envisaged access to state information as a means to "a wider purpose, namely, to ensure that there is open and accountable administration at all levels of government";[xxi]: 83 in subsequent jurisprudence in lower courts, it was similarly linked to the founding constitutional values of "accountability, responsiveness and openness".[6] The Constitutional Court affirmed this connection in My Vote Counts v Minister of Justice, in which it also held that access to certain kinds of information – in this case, information about political parties' sources of funding – was essential for the effective exercise of the political rights protected in section 19.[35]
Section 32(2) of the Constitution requires the enactment of national
Just administrative action
§33(1)–(2): Everyone has the right to administrative action that is lawful, reasonable and procedurally fair. Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons.
Under the heading of "Just Administrative Act", section 33 provides for
Section 33(3) mandates the enactment of national legislation to give effect to the section 33 rights, adding that such legislation must, "provide for the review of administrative action by a court or, where appropriate, an independent and impartial tribunal; impose a duty on the state to give effect to the rights in subsections (1) and (2); and promote an efficient administration." The legislation thus enacted was the Promotion of Administrative Justice Act 3 of 2000.
Access to courts
§34: Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum.
Under the heading of "Access to Courts", section 34 enshrines a universal right to a
In historical context, section 34 responds to the apartheid-era paralysis of judicial review under
The court held in S v Pennington that section 34 does not apply to
Arrested, detained and accused persons
The longest section of the Bill of Rights, section 35 comprises a detailed list of rights which protect
Section 35(5) establishes an exclusionary rule, under which, "Evidence obtained in a manner that violates any right in the Bill of Rights must be excluded if the admission of that evidence would render the trial unfair or otherwise be detrimental to the administration of justice." The Constitutional Court has interpreted this provision in cases including S v Basson.[38] Other landmark cases involving section 35 include S v Dzukuda; S v Tshilo, S v Singo, S v Thebus, and S v Bogaards.[6]
Limitations
Rights contained in the Bill of Rights are not absolute and may be limited by way of specific limitation clauses where individual rights are subject to limitations set out in the individual Sections, e.g. Section 9 on equality. In addition, the Constitution provides a General Limitation Clause at Section 36, which provides for all rights in the Bill of Rights to be limited in terms of law of general application and that "limitations must be reasonable and justifiable in an open and democratic society based on human dignity, equality, and freedom." Any limitation must therefore be reasonable and may only be made with good cause. Limits should also be less restrictive.
Organs of state, such as the judiciary, the legislature, or the executive, may invariably limit rights in carrying out their functions. For example, by limiting the freedom of a prisoner. Further, because of the horizontal application of the Bill of Rights, rights may be limited by the actions or decisions of other persons. The courts are empowered to test the validity of the limitation in terms of S36.
Section 36 provides certain factors that must be taken into account by the courts when determining if a limitation is reasonable and justifiable:
- The nature of the right.
- The importance of the limitation
- The nature and extent of the limitation
- The relation between the limitation and its purpose, and
- Less restrictive means to achieve the purpose.
These factors are not absolute and other factors that the court may deem necessary may also be taken into account. When the nature of the right is considered, the courts will have to take into account the content of the right, the importance of the right and the interest which is protected. It is, for instance, very difficult to justifiably limit the right to life as the Constitutional Court held in S v Makwanyane where capital punishment was abolished. The promotion and protection of a permissible or lawful public interest will be important when considering the limitation and its purpose. Further, the Constitution requires a less restrictive means to be considered, rather than limiting the rights of an individual, in achieving that purpose.[39]
Comparison with other human rights instruments
The limitations clause under section 36 has been compared to similar clauses in the
References
Commentary
- ^ "Tánaiste at the unveiling of a plaque commemorating South Africa's Bill of Rights".
- .
- ^ Dafel, Michael (2015). "The directly enforceable constitution: Political parties and the horizontal application of the Bill of Rights". South African Journal on Human Rights. 31 (1): 56–85.
- ^ Woolman, Stu (2007). "The Amazing, Vanishing Bill of Rights". South African Law Journal. 124: 762.
- ^ Gaibie, Shamima (2015). "The Constitutional Court Decision in Barnard: A Sequel to the Van Heerden Judgment". Industrial Law Journal (Juta). 36: 80.
- ^ ISBN 978-0-7021-9990-5.
- ISSN 0143-6503.
- ^ Kok, Anton (2001). "The Promotion of Equality and Prevention of Unfair Discrimination Act: Why the Controversy". Journal of South African Law. 2001: 294.
- ISSN 2415-0517.
- ISSN 1727-3781.
- PMID 35894565.
- ISSN 2073-6215.
- ISSN 0258-7203.
- ISBN 978-1-77614-681-9, retrieved 2 March 2024.
- ISSN 2709-555X.
- ^ Wolf, Loammi (2021). "Practical Implications for the Electoral System: New Nation Movement NPC v President of the Republic of South Africa". South African Law Journal. 138: 58.
- ISSN 1474-2640.
- ISSN 2709-555X.
- ISSN 0258-7203.
- ^ Klug, Heinz (1996). "Participating in the Design: Constitution-Making in South Africa". Review of Constitutional Studies. 3: 18.
- ISSN 2190-8362.
- ISSN 0258-9346.
- ISSN 2073-6215.
- ^ Kwarteng, Abdul Hamid; Botchway, Thomas Prehi (2019). "State Responsibility and the Question of Expropriation: A Preliminary to the Land Expropriation without Compensation Policy in South Africa". Journal of Politics and Law. 12: 98.
- ^ "Constitutional Amendment Bill on land is a spectacular and expected failure". The Mail & Guardian. 9 December 2021. Retrieved 5 March 2024.
- ^ Schneider, Daniel (2004). "The Constitutional Right to Housing in South Africa: The Government of the Republic of South Africa v. Irene Grootboom". International Journal of Civil Society Law. 2: 45.
- ^ Beukes, Soraya (2020). "Are the courts nuanced enough in protecting the Right to Housing against sales in execution?". ESR Review: Economic and Social Rights in South Africa. 21 (2).
- ISSN 0803-9410.
- ISSN 2073-6215.
- ^ Binford, Warren (2016). "The Constitutionalization of Children's Rights in South Africa". New York Law School Law Review. 60: 333.
- ^ ISSN 1727-3781.
- ISSN 2225-7160.
- ^ Venter, Francois. "The protection of cultural, linguistic and religious rights: the framework provided by the Constitution of the Republic of South Africa, 1996". SA Public Law. 13 (2): 438–459.
- ^ Peled, Roy; Rabin, Yoram (2011). "The Constitutional Right to Information". Columbia Human Rights Law Review. 42: 357.
- ISSN 2073-6215.
- ^ Currie, Iain (2006). "What difference does the Promotion of Administrative Justice Act make to administrative law?". Acta Juridica. 2006 (1).
- ^ Hoexter, Cora (2006). "Administrative Action in the Courts". Acta Juridica. 2006: 303.
- ISSN 1727-3781.
- ISBN 978-0-409-05053-0
- ^ Brice Dickson, "Human Rights in the 21st Century," Amnesty International Lecture, Queen's University, Belfast, 11 November 1999.
Case law
- ^ Khosa and Others v Minister of Social Development and Others, Mahlaule and Another v Minister of Social Development (CCT 13/03, CCT 12/03) [2004] ZACC 11; 2004 (6) SA 505 (CC); 2004 (6) BCLR 569 (CC).
- Dawood and Another v Minister of Home Affairs and Others; Shalabi and Another v Minister of Home Affairs and Others; Thomas and Another v Minister of Home Affairs and Others (CCT35/99) [2000] ZACC 8; 2000 (3) SA 936; 2000 (8) BCLR 837 (CC).
- ^ Christian Lawyers Association v National Minister of Health and Another 2005 (1) SA 509 (T), 518, 2004 (10) BCLR 1086 (T).
- ^ a b Bernstein and Others v Bester NO and Others (CCT23/95) [1996] ZACC 2; 1996 (4) BCLR 449; 1996 (2) SA 751 (CC).
- ^ a b c Christian Education South Africa v Minister of Education (CCT4/00) [2000] ZACC 11; 2000 (4) SA 757; 2000 (10) BCLR 1051.
- ^ Islamic Unity Convention v Independent Broadcasting Authority and Others (CCT36/01) [2002] ZACC 3; 2002 (4) SA 294; 2002 (5) BCLR 433 (CC).
- ^ De Reuck v Director of Public Prosecutions (Witwatersrand Local Division) and Others (CCT5/03) [2003] ZACC 19; 2004 (1) SA 406 (CC); 2003 (12) BCLR 1333 (CC).
- ^ Pilane and Another v Pilane and Another (CCT 46/12) [2013] ZACC 3; 2013 (4) BCLR 431 (CC).
- Ramakatsa and Others v Magashule and Others (CCT 109/12) [2012] ZACC 31; 2013 (2) BCLR 202 (CC).
- ^ Geuking v President of the Republic of South Africa and Others (CCT35/02) [2002] ZACC 29; 2003 (3) SA 34 (CC); 2004 (9) BCLR 895 (CC).
- Reddy v Siemens Telecommunications (Pty) Ltd (251/06) [2006] ZASCA 135; 2007 (2) SA 486 (SCA); (2007) 28 ILJ 317 (SCA).
- ^ Phumelela Gaming and Leisure Limited v Gründlingh and Others (CCT31/05) [2006] ZACC 6; 2006 (8) BCLR 883 (CC); 2007 (6) SA 350 (CC).
- ^ Ex parte Chairperson of the Constitutional Assembly: In re Certification of the Amended Text of the Constitution of the Republic of South Africa, 1996 1997 (2) SA 97 (CC), 1997 (1) BCLR 1 (CC).
- ^ Affordable Medicines Trust and Others v Minister of Health and Another (CCT27/04) [2005] ZACC 3; 2006 (3) SA 247 (CC); 2005 (6) BCLR 529 (CC).
- ^ Eskom Holdings SOC Ltd v Vaal River Development Association (Pty) Ltd and Others (CCT 44/22) [2022] ZACC 44; 2023 (5) BCLR 527 (CC); 2023 (4) SA 325 (CC).
- First National Bank of SA Limited t/a Wesbank v Commissioner for the South African Revenue Services and Another; First National Bank of SA Limited t/a Wesbank v Minister of Finance (CCT19/01) [2002] ZACC 5; 2002 (4) SA 768; 2002 (7) BCLR 702 (CC).
- ^ Governing Body of the Juma Musjid Primary School & Others v Essay N.O. and Others (CCT 29/10) [2011] ZACC 13; 2011 (8) BCLR 761 (CC).
- ^ Minister of Basic Education v Basic Education for All (20793/2014) [2015] ZASCA 198; [2016] 1 All SA 369 (SCA); 2016 (4) SA 63 (SCA).
- ^ Head of Department: Mpumalanga Department of Education and Another v Hoërskool Ermelo and Another (CCT40/09) [2009] ZACC 32; 2010 (2) SA 415 (CC); 2010 (3) BCLR 177 (CC).
- ^ AB and Another v Pridwin Preparatory School and Others (CCT294/18) [2020] ZACC 12; 2020 (9) BCLR 1029 (CC); 2020 (5) SA 327 (CC).
- ^ a b Certification of the Constitution of the Republic of South Africa, 1996 (CCT 23/96) [1996] ZACC 26; 1996 (4) SA 744 (CC).
- Prince v President of the Law Society of the Cape of Good Hope (CCT36/00) [2002] ZACC 1; 2002 (2) SA 794; 2002 (3) BCLR 231 (CC).
- ^ Lesapo v North West Agricultural Bank and Another (CCT23/99) [1999] ZACC 16; 2000 (1) SA 409; 1999 (12) BCLR 1420.
- ^ S v Pennington and Another (CCT14/97) [1997] ZACC 10; 1997 (10) BCLR 1413; 1997 (4) SA 1076 (CC).
- ^ President of the Republic of South Africa and Another v Modderklip Boerdery (Pty) Ltd (CCT20/04) [2005] ZACC 5; 2005 (5) SA 3 (CC); 2005 (8) BCLR 786 (CC).