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Chapter 1
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 (CA)
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
16
Chapter 2: The Bill of Rights
17
Chapter 3: Cooperative government
18
Chapter 4: Parliament
19
Chapter 5: The President and the national executive
20
Chapter 6: Provinces
21
Schedule 4: Concurrent functional areas of National and Provincial legislatures
22
Schedule 5: Functional areas of Provincial legislatures
23
Chapter 7: Local government
24
Chapter 8: Courts and administration of justice
25
Chapter 9: State institutions that support constitutional democracy
26
Chapter 10: Public administration
27
Chapter 11: Security services
28
Chapter 12: Traditional authorities
29
Chapter 13: Finance
30
Chapter 14: General provisions
31
HUMAN RIGHTS
32
What are human rights?
33
Indivisibility of rights
34
Rights and responsibilities
35
Conflicts in rights
36
International documents on human rights
37
Creating a human rights culture in South Africa
38
SUMMARY OF THE SOUTH AFRICAN BILL OF RIGHTS
39
Section 7: Introduction
40
Chapter 8: Application of the Bill of Rights
41
Section 9: Right to Equality
42
Section 10: Right to human dignity
43
Section 11: Right to life
44
Section 12: Freedom and security of the person
45
Section 13: Slavery, servitude and forced labour
46
Section 14: Right to privacy
47
Section 15: Freedom of religion, belief and opinion
48
Section 16: Freedom of speech and expression
49
Section 17: Freedom of assembly, demonstration picket and petition
50
Section 18: Freedom of association
51
Section 19: Political rights
52
Section 20: Citizenship
53
Section 21: Freedom of movement and residence
54
Section 22: Freedom of trade, occupation and profession
55
Section 23: Labour relations
56
Section 24: Environment
57
Section 25: Property
58
Section 26: Right of access to housing
59
Section 27: Right of access to health care, food, water and social security
60
Section 28: Children’s rights
61
Section 29; Education
62
Section 30: Language and culture
63
Section 31: Cultural, religious and linguistic communities
64
Section 32: Access to information
65
Section 33: Just administrative action
66
Section 34: Access to courts
67
Section 35: Arrested, detained and accused persons
68
Section 36: Limitations on rights
69
Section 37: States of emergency
70
Section 38: Enforcing rights
71
Section 39: Interpreting the Bill of Rights
72
PROTECTING HUMAN RIGHTS
73
The Public Protector
74
South African Human Rights Commission (SAHRC)
75
Commission on Gender Equality (CGE)
76
Auditor General
77
Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (Cultural Rights Commission)
78
Independent Electoral Commission (IEC)
79
Independent Communications Authority of South Africa (ICASA)
80
Land Claims Commission (LCC)
81
PROBLEMS
82
Problem 1: Taking a case to the South African Human Rights Commission
83
Problem 2: Making a complaint to the Public Protector
84
Problem 3: Taking a case to the Commission on Gender Equality
85
CHECKLISTS
86
Checklist: Reporting human rights complaints

South African Human Rights Commission (SAHRC)

The SAHRC promotes respect for human rights and protects human rights. It must educate people about human rights, and it can investigate complaints about human rights abuses. If necessary it can arrange for someone to have a lawyer to defend their rights, and it can take cases to court.

The SAHRC is an independent body and is only accountable to the Constitution and parliament. The SAHRC must send a report of its activities to parliament at least once a year. The SAHRC consists of a chairperson and 10 members. The members are nominated and approved by the national assembly and the national council of provinces. Members of the SAHRC can be commissioners for 7 years.

MAKING A COMPLAINT TO THE SAHRC

Anyone can make a complaint to the SAHRC. If you are unsure if you can lodge a complaint, you can visit any of the nine Provincial Offices of the SAHRC or contact them using the following contact details:

If you want to make a complaint, you must do the following:

  • Lodge the complaint at the Provincial Office where the alleged violation took place. If it is not possible to establish where the violation took place, then it should be lodged at the Provincial Office where the respondent resides, carries on business or is employed.
  • In the complaint, include the following information:
    • Indicate whether the complaint is being lodged on your own behalf of on behalf of another person, group or class of people, organisation, government department, etc.
    • Full names of the complainant
    • Race and gender of the complainant
    • Physical and postal address of the complainant
    • Telephone or Fax numbers and email address of the complainant
    • Preferred method of communication
    • Full details of the violation, which include:
      • Date and place where it took place
      • Type of human right alleged to be violated
      • Particulars of any person, group, or class of people, organisation, government department responsible for the violation
      • Names and contact details of the people who can provide information relevant to the complaint
      • Name and contact details of anyone who has been involved in trying to resolve the complaint
      • Whether the complaint is urgent and reasons for this
      • Any other relevant information or supporting documents that can be used in the investigation

A complaint to the Provincial Office of the SAHRC should preferably be in writing, but a verbal complaint can be made in person or by telephone. The right to lodge a complaint expires three years after the violation has taken place unless there is a good reason for the delay.