Constitution of the Republic of South Africa 1996, as amended to 2023
Judicial Protection
  • English
    ...
    (2) 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.
    (3) When applying a provision of the Bill of Rights to a natural or juristic person in terms of subsection (2), a court-
    (a) 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
    (b) may develop rules of the common law to limit the right, provided that the limitation is in accordance with section 36 (1).
    … (Sec. 8)
Judicial Protection
  • English
    Anyone listed in this section has the right to approach a competent court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief, including a declaration of rights. The persons who may approach a court are—
    (a) anyone acting in their own interest;
    (b) anyone acting on behalf of another person who cannot act in their own name;
    (c) anyone acting as a member of, or in the interest of, a group or class of persons;
    (d) anyone acting in the public interest; and
    (e) an association acting in the interest of its members. (Sec. 38)
Judicial Protection
  • English
    (1) When interpreting the Bill of Rights, a court, tribunal or forum –
    (a) must promote the values that underlie an open and democratic society based on human dignity, equality and freedom;
    (b) must consider international law; and
    (c) may consider foreign law.
    (2) When interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights.
    (3) The Bill of Rights does not deny the existence of any other rights or freedoms that are recognised or conferred by common law, customary law or legislation, to the extent that they are consistent with the Bill. (Sec. 39)
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Chapter 9 on State Institutions Supporting Constitutional Democracy. According to Art. 181, those institutions are: “(a) The Public Protector. (b) The South African Human Rights Commission. (c) The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities. (d) The Commission for Gender Equality. (e) The Auditor-General. (f) The Electoral Commission.”
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Chapter 9 on State Institutions Supporting Constitutional Democracy. According to Art. 181, those institutions are: “(a) The Public Protector. (b) The South African Human Rights Commission. (c) The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities. (d) The Commission for Gender Equality. (e) The Auditor-General. (f) The Electoral Commission.”
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Chapter 9 on State Institutions Supporting Constitutional Democracy. According to Art. 181, those institutions are: “(a) The Public Protector. (b) The South African Human Rights Commission. (c) The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities. (d) The Commission for Gender Equality. (e) The Auditor-General. (f) The Electoral Commission.”
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5- The Table of Non-Derogable Rights includes Equality (Sec. 9), Human Dignity (Sec. 10), Life (Sec. 11), Freedom and Security of the person (Sec. 12), Slavery, servitude and forced labour (Sec. 13), Children (Sec. 28) and Arrested, detained and accused persons (Sec. 35).
6- Refer to Table of Non-Derogable Rights.

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Chapter 9 on State Institutions Supporting Constitutional Democracy. According to Art. 181, those institutions are: “(a) The Public Protector. (b) The South African Human Rights Commission. (c) The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities. (d) The Commission for Gender Equality. (e) The Auditor-General. (f) The Electoral Commission.”
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Chapter 9 on State Institutions Supporting Constitutional Democracy. According to Art. 181, those institutions are: “(a) The Public Protector. (b) The South African Human Rights Commission. (c) The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities. (d) The Commission for Gender Equality. (e) The Auditor-General. (f) The Electoral Commission.”
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Chapter 12 on Traditional Leaders.