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 fulfill 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 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)
A juristic person is
entitled to the rights in the Bill of Rights to the extent required by
the nature of the rights and the nature of that juristic person.
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 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.
No person may unfairly
discriminate directly or indirectly against anyone on one or more
grounds in terms of subsection. National legislation must be enacted to
prevent or prohibit unfair discrimination.
Discrimination on one
or more of the grounds listed in subsection (3) is unfair unless it is
established that the discrimination is fair.
Human Dignity. Everyone
has inherent dignity and the right to have their dignity respected and
- Everyone has the
right to life.
- Freedom and security
of the person.
- 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
- 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.
and forced labor. No
one may be subjected to slavery, servitude or forced labor.
has the right to privacy, which includes the right not to have-
- their person or home
- their property
- their possessions
seized; or the privacy of their communications infringed.
Freedom of religion,
belief and opinion. Everyone
has the right to freedom of conscience, religion, thought, belief and
may be conducted at state or state-aided institutions, provided that
those observances follow rules made by the appropriate public
authorities, they are conducted on an equitable basis; and attendance at
them is free and voluntary.
This section does not
prevent legislation recognizing- marriages concluded under any
tradition, or a system of religious, personal or family law; or systems
of personal and family law under any tradition, or adhered to by persons
professing a particular religion.
has the right to freedom of expression, which includes— freedom of the
press and other media; freedom to receive or impart information or idea's
freedom of artistic creativity; and academic freedom and freedom of
scientific research. The right in subsection (1) does not extend to propaganda
for war; incitement of imminent violence; or advocacy of hatred that is
based on race, ethnicity, gender or religion, and that constitutes
incitement to cause harm.
demonstration, picket and petition. Everyone
has the right, peacefully and unarmed, to assemble, to demonstrate, to
picket and to present petitions; Freedom of association. Everyone has
the right to freedom of association.
Political rights. 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
citizen may be deprived of citizenship. Freedom of movement and
residence. Everyone has the right to freedom of movement. Everyone has
the right to leave the Republic. 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.
Freedom of trade,
occupation and profession. 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.
Labor relations. Everyone
has the right to fair labor practices. Every worker has the right to
form and join a trade union; to participate in the activities and
programs of a trade union; and to strike. Every employer has the
right to form and join an employers’ organization; and to
participate in the activities and programs of an employers organization.
Every trade union and every employers’ organization has the right to
determine its own administration, programs and activities; to organize;
and to form and join a federation. Every trade union, employers’
organization and employer has the right to engage in collective
bargaining. National legislation may be enacted to regulate collective
bargaining. To the extent that the legislation may limit a right in this
Chapter the limitation must comply with section 36(1). National
legislation may recognize union security arrangements contained in
collective agreements. To the extent that the legislation may limit a
right in this Chapter, the limitation must comply with section 36(1).
has the right to an environment that is not harmful to their health or
well-being; 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