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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

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:

  • Telephone: 011 877 3600
  • Email:  complaints@sahrc.org.za 

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 includes:
      • 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 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.

(See Resources: SAHRC contact details)