Chapter 5G – CCTSA

THE 1996 CONSTITUTION - 3

THE BILL OF RIGHTS

This Bill of Rights is the 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 elsewhere in the bill.

Rights and Freedoms

Rights and freedoms
Right to equality
Right to human dignity
Right to life
Freedom and security of the person
Freedom from slavery, servitude and forced labour
Right to privacy
Freedom of religion, belief and opinion
Freedom of expression
Freedom of assembly, demonstration, picket and petition
Freedom of association
Right to political rights
Right to citizenship
Freedom of movement and residence
Freedom of trade and profession
Right to fair labour relations
Right to a healthy environment
Right to property
Right to housing
Right to health care, food, water and social security
Rights of children
Right to education
Right to language and culture
Rights of cultural, religious and linguistic communities
Right to access to information
Right to just administrative action
Right to access to courts
Rights of arrested, detained and accused persons

Progressive Rights

The rights to housing, health care, food, water, social security, and further education are progressive rights. The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of these rights.

Limitations of Rights in the Bill of Rights

The rights in the Bill of Rights may be limited only in terms of a law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors including –

A. The nature of the right;
B. The importance of the purpose of the limitation;
C. The nature and extent of the limitation;
D. The relation between the limitation and its purpose, and
E. Less restrictive means to achieve the purpose.