2559376
South African
Constitution
- HISTORY
- Adopted 8th May, 1996 - Was a turning point in the
country's struggle for democracy
- Drafted by an all inclusive constitutive assembly,
which had representatives from all the major
political parties and liberation organisations.
- The constitutional assembly sat between May 1994
and October 1996 drafting and completing the new
constitution.
- The new Constitution was the embodiment of the vision
of generations of anti-apartheid freedom fighters and
democrats who had fought for the principle that South
African belonged to all, for non racialism and for human
rights.
- Adopted 8th May, 1996 - Was a turning point in the
country's struggle for democracy
- ROLE OF THE CONSTITUTIONAL COURT
- The South African Constitutional Court was an entirely new court
intended to serve as a complete break from the previous judicial
system which, under apartheid, had been required to administer
oppressive laws. The creation of a new court was therefore
necessary to ensure public confidence in the Court for its role was to
be pivotal in ensuring that government acts according to law.
- The Constitutional Court only makes decisions about
issues that have to do with the Constitution. It is also the
highest court in the land since its decisions cannot be
changed by any other court.
- When you are not satisfied with what the High Court has
decided you can go to the Constitutional Court only if it has
to do with constitutional issues
- The Constitutional Court can declare legislation invalid
it infringes on the rights listed in the Bill of Rights, and
this decision cannot be overridden by parliament
- The South African Constitutional Court was an entirely new court
intended to serve as a complete break from the previous judicial
system which, under apartheid, had been required to administer
oppressive laws. The creation of a new court was therefore
necessary to ensure public confidence in the Court for its role was to
be pivotal in ensuring that government acts according to law.
- EXAMPLES OF RIGHTS PROTECTED
- Privacy
- Everyone has the right to privacy, which includes
the right not to have - (a) their person or home
searched; (b) their property searched; (c) their
possessions seized; or (d) the privacy of their
communications infringed.
- Everyone has the right to privacy, which includes
the right not to have - (a) their person or home
searched; (b) their property searched; (c) their
possessions seized; or (d) the privacy of their
communications infringed.
- Housing
- (1) Everyone has the right to have access to adequate housing. (2)
The state must take reasonable legislative and other measures,
within its available resources, to achieve the progressive realisation
of this right. (3) 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.
- (1) Everyone has the right to have access to adequate housing. (2)
The state must take reasonable legislative and other measures,
within its available resources, to achieve the progressive realisation
of this right. (3) 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.
- Freedom of Expression
- (1) Everyone has the right to freedom of expression, which
includes - (a) freedom of the press and other media; (b) freedom
to receive or impart information or ideas; (c) freedom of artistic
creativity; and (d) academic freedom and freedom of scientific
research. (2) The right in subsection (1) does not extend to - (a)
propaganda for war; (b) incitement of imminent violence; or (c)
advocacy of hatred that is based on race, ethnicity, gender or
religion, and that constitutes incitement to cause harm.
- (1) Everyone has the right to freedom of expression, which
includes - (a) freedom of the press and other media; (b) freedom
to receive or impart information or ideas; (c) freedom of artistic
creativity; and (d) academic freedom and freedom of scientific
research. (2) The right in subsection (1) does not extend to - (a)
propaganda for war; (b) incitement of imminent violence; or (c)
advocacy of hatred that is based on race, ethnicity, gender or
religion, and that constitutes incitement to cause harm.
- Freedom and Security of the Person
- (1) Everyone has the right to freedom and security of the
person, which includes the right - (a) not to be deprived of
freedom arbitrarily or without just cause; (b) not to be
detained without trial; (c) to be free from all forms of
violence from either public or private sources; (d) not to be
tortured in any way; and (e) not to be treated or punished
in a cruel, inhuman or degrading way. (2) Everyone has the
right to bodily and psychological integrity, which includes
the right - (a) to make decisions concerning reproduction;
(b) to security in and control over their body; and (c) not to
be subjected to medical or scientific experiments without
their informed consent.
- (1) Everyone has the right to freedom and security of the
person, which includes the right - (a) not to be deprived of
freedom arbitrarily or without just cause; (b) not to be
detained without trial; (c) to be free from all forms of
violence from either public or private sources; (d) not to be
tortured in any way; and (e) not to be treated or punished
in a cruel, inhuman or degrading way. (2) Everyone has the
right to bodily and psychological integrity, which includes
the right - (a) to make decisions concerning reproduction;
(b) to security in and control over their body; and (c) not to
be subjected to medical or scientific experiments without
their informed consent.
- Equality
- (1) Everyone is equal before the law and has the right to equal
protection and benefit of the law. (2) 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.
(3) The state may not unfairly discriminate directly or indirectly
against anyone on one or more grounds, including race, gender,
sex, pregnancy, marital status, ethnic or social origin, colour,
sexual orientation, age, disability, religion, conscience, belief,
culture, language and birth.
- (1) Everyone is equal before the law and has the right to equal
protection and benefit of the law. (2) 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.
(3) The state may not unfairly discriminate directly or indirectly
against anyone on one or more grounds, including race, gender,
sex, pregnancy, marital status, ethnic or social origin, colour,
sexual orientation, age, disability, religion, conscience, belief,
culture, language and birth.
- Privacy
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