Related Sections
1
INTRODUCTION
2
What is a Constitution?
3
What is a democracy?
4
DEVELOPMENT OF CONSTITUTIONS IN SOUTH AFRICA
5
Codesa
6
The multi-party negotiating process
7
The Constitutional Assembly
8
THE SOUTH AFRICAN CONSTITUTION
9
The relationship between the Constitution and other laws
10
Changing or amending the Constitution
11
The separation of powers
12
The spheres of government
13
SUMMARY OF THE CONSTITUTION
14
Preamble
15
Chapter 1: Founding provisions
22
Chapter 8: Courts and administration of justice
23
Chapter 9: State institutions that support constitutional democracy
31
Indivisibility of rights
80
Problem 1: Taking a case to the South African Human Rights Commission
38
Section 8: Application of the Bill of Rights
39
Section 9: Right to equality
40
Section 10: Right to human dignity
41
Section 11: Right to life
42
Section 12: Freedom and security of the person
43
Section 13: Slavery, servitude and forced labour
44
Section 14: Right to privacy
45
Section 15: Freedom of religion, belief and opinion
46
Section 16: Freedom of speech and expression
47
Section 17: Freedom of assembly, demonstration, picket and petition
48
Section 18: Freedom of association
49
Section 19: Political rights
50
Section 20: Citizenship
51
Section 21: Freedom of movement and residence
52
Section 22: Freedom of trade, occupation and profession
24
Chapter 10: Public administration
25
Chapter 11: Security services
26
Chapter 12: Traditional authorities
27
Chapter 13: Finance
28
Chapter 14: General provisions
29
HUMAN RIGHTS
30
What are human rights?
32
Rights and responsibilities
33
Conflicts in rights
34
International documents on human rights
35
Creating a human rights culture in South Africa
36
SUMMARY OF THE SOUTH AFRICAN BILL OF RIGHTS
37
Section 7: Introduction to the Bill of Rights
21
Chapter 7: Local government
68
Section 38: Enforcing rights
69
Section 39: Interpreting the Bill of Rights
70
PROTECTING HUMAN RIGHTS
71
The Public Protector
72
South African Human Rights Commission (SAHRC)
73
Commission on Gender Equality (CGE)
74
The Auditor General
75
Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (Cultural Rights Commission)
76
Independent Electoral Commission (IEC)
77
Independent Communications Authority of South Africa (ICASA)
78
Land Claims Commission (LCC)
79
PROBLEMS
81
Problem 2: Making a complaint to the Public Protector
82
Problem 3: Taking a case to the Commission on Gender Equality
83
Checklist: Reporting human rights complaints
16
Chapter 2: The Bill of Rights
17
Chapter 3: Co-operative government
18
Chapter 4: Parliament
19
Chapter 5: The President and the national executive
20
Chapter 6: Provinces
53
Section 23: Labour relations
54
Section 24: Environment
55
Section 25: Property
56
Section 26: Right of access to housing
57
Section 27: Right of access to health care, food, water and social security
58
Section 28: Children’s rights
59
Section 29: Education
60
Section 30: Language and culture
61
Section 31: Cultural, religious and linguistic communities
62
Section 32: Access to information
63
Section 33: Just administrative action
64
Section 34: Access to courts
65
Section 35: Arrested, detained and accused persons
66
Section 36: Limitations on rights
67
Section 37: States of emergency

Rights and responsibilities

For every right that a person has there is usually a responsibility that is connected to that right. For example, you have a right to freedom of expression, but a responsibility not to tell deliberate lies about someone else. There is a general responsibility to respect and be tolerant of other peoples’ rights, for example you enjoy the right to religious freedom and all beliefs are respected. You also have the responsibility to respect others’ beliefs, rights and choices. So even if your faith condemns homosexuality, you are not allowed to discriminate against gay people.

The government also has responsibilities in terms of rights. These are examples of some rights and responsibilities:

SOME RIGHTS & RESPONSIBILITIES

Right to freedom and security of the person. You have a responsibility not to abuse your partner or children in the privacy of your home. The government has a duty to ban the use of torture to get information from people.

No slavery or forced labour. You have a responsibility not to allow your children to go to work when they are very young. The government has a responsibility to pass and monitor a law that sets a minimum age for people who are working. The government has to act against human trafficking.

Freedom of movement and residence. People are free to move between provinces and cities. You have a responsibility to accept anyone who comes and lives next door to you as your neighbour. The government has a responsibility to issue passports and identity documents to all citizens who apply.

Right to education. All children have a right to education. You have a responsibility to send all your children to school. The government has a responsibility to build enough schools and provide enough teachers so that everyone can go to school and get a proper education.