PROBLEMS – Legal Fundi

Chapter 1

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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 (CA)

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 2: The Bill of Rights

Chapter 3: Cooperative government

Chapter 4: Parliament

Chapter 5: The President and the national executive

Chapter 6: Provinces

Schedule 4: Concurrent functional areas of National and Provincial legislatures

Schedule 5: Functional areas of Provincial legislatures

Chapter 7: Local government

Chapter 8: Courts and administration of justice

Chapter 9: State institutions that support constitutional democracy

Chapter 10: Public administration

Chapter 11: Security services

Chapter 12: Traditional authorities

Chapter 13: Finance

Chapter 14: General provisions

What are human rights?

Indivisibility of 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

Chapter 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

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

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)

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

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

PROBLEMS

This chapter deals with the following problems:

Taking a case to the South African Human Rights Commission
Making a complaint to the Public Protector
Taking a case to the Commission on Gender Equality

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