Chapter 2: The Bill of Rights – Legal Fundi

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What is a Constitution?

What is a democracy?

DEVELOPMENT OF CONSTITUTIONS IN SOUTH AFRICA

The multi-party negotiating process

The Constitutional Assembly

THE SOUTH AFRICAN CONSTITUTION

The relationship between the Constitution and other laws

Changing or amending the Constitution

The separation of powers

The spheres of government

SUMMARY OF THE CONSTITUTION

Chapter 1: Founding provisions

Chapter 8: Courts and administration of justice

Chapter 9: State institutions that support constitutional democracy

Indivisibility of rights

Problem 1: Taking a case to the South African Human Rights Commission

Section 8: Application of the Bill of Rights

Section 9: Right to equality

Section 10: Right to human dignity

Section 11: Right to life

Section 12: Freedom and security of the person

Section 13: Slavery, servitude and forced labour

Section 14: Right to privacy

Section 15: Freedom of religion, belief and opinion

Section 16: Freedom of speech and expression

Section 17: Freedom of assembly, demonstration, picket and petition

Section 18: Freedom of association

Section 19: Political rights

Section 20: Citizenship

Section 21: Freedom of movement and residence

Section 22: Freedom of trade, occupation and profession

Chapter 10: Public administration

Chapter 11: Security services

Chapter 12: Traditional authorities

Chapter 13: Finance

Chapter 14: General provisions

What are human rights?

Rights and responsibilities

Conflicts in rights

International documents on human rights

Creating a human rights culture in South Africa

SUMMARY OF THE SOUTH AFRICAN BILL OF RIGHTS

Section 7: Introduction to the Bill of Rights

Chapter 7: Local government

Section 38: Enforcing rights

Section 39: Interpreting the Bill of Rights

PROTECTING HUMAN RIGHTS

The Public Protector

South African Human Rights Commission (SAHRC)

Commission on Gender Equality (CGE)

The Auditor General

Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (Cultural Rights Commission)

Independent Electoral Commission (IEC)

Independent Communications Authority of South Africa (ICASA)

Land Claims Commission (LCC)

Problem 2: Making a complaint to the Public Protector

Problem 3: Taking a case to the Commission on Gender Equality

Checklist: Reporting human rights complaints

Chapter 2: The Bill of Rights

Chapter 3: Co-operative government

Chapter 4: Parliament

Chapter 5: The President and the national executive

Chapter 6: Provinces

Section 23: Labour relations

Section 24: Environment

Section 25: Property

Section 26: Right of access to housing

Section 27: Right of access to health care, food, water and social security

Section 28: Children’s rights

Section 29: Education

Section 30: Language and culture

Section 31: Cultural, religious and linguistic communities

Section 32: Access to information

Section 33: Just administrative action

Section 34: Access to courts

Section 35: Arrested, detained and accused persons

Section 36: Limitations on rights

Section 37: States of emergency

Chapter 2: The Bill of Rights

Chapter 2 of the Constitution contains the human rights which are protected in South Africa.

The section ‘Human Rights’ in the Paralegal Manual includes a summary of the Bill of Rights (Sections 7 – 39 of Chapter 2 of the Constitution) and other topics related to human rights.

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