Meta tags:

Headings (most frequently used words):

of, rights, and, freedom, the, enforcement, bill, bearers, human, security, access, to, law, persons, effect, chapter, two, constitution, south, africa, contents, history, application, enumerated, limitation, references, external, links, duty, equality, dignity, life, personal, privacy, religion, thought, expression, assembly, protest, association, citizens, movement, labour, relations, environment, property, housing, basic, services, social, children, education, culture, language, communities, information, just, administrative, action, courts, arrest, detention, trial, comparison, with, other, instruments, states, emergency, direct, indirect, commentary, case, natural, juristic, waiver, vertical, horizontal, political, civil, statutory, interpretation, development, common,

Text of the page (most frequently used words):
the (881), and (430), rights (222), section (210), right (207), that (173), constitutional (112), south (109), law (98), court (94), for (91), africa (71), #freedom (69), bill (67), has (64), not (60), are (58), which (58), constitution (52), edit (51), may (47), this (44), persons (44), state (44), provides (44), their (41), with (38), african (38), education (38), minister (37), other (37), from (35), have (35), all (34), property (34), public (33), was (31), case (31), held (31), any (30), also (30), everyone (30), under (29), social (28), human (27), must (27), such (27), access (27), bclr (26), zacc (26), land (26), others (25), political (25), including (25), protected (25), application (24), act (23), these (23), universal (23), another (22), doi (22), cases (22), person (22), national (21), courts (21), language (20), administrative (20), justice (20), dignity (20), privacy (19), text (19), religion (19), security (19), basic (19), journal (19), issn (19), equality (19), discrimination (19), legislation (18), interpretation (18), president (18), development (18), reasonable (18), citizens (18), juristic (18), first (17), health (17), private (17), been (17), only (17), life (17), information (16), interest (16), common (16), every (16), expression (16), use (15), legislative (15), provisions (15), association (15), effect (15), action (15), trade (15), unfair (15), provision (15), considered (15), limitation (15), measures (15), natural (15), terms (14), civil (14), republic (14), 1996 (14), 2002 (14), home (14), but (14), nature (14), purpose (14), one (14), protects (14), services (13), limited (13), review (13), free (13), child (13), housing (13), its (13), basis (13), they (13), sections (13), labour (12), 2000 (12), society (12), provided (12), politics (12), without (12), compensation (12), individual (12), form (12), articles (11), family (11), related (11), general (11), does (11), 2021 (11), protection (11), children (11), against (11), expropriation (11), party (11), well (11), promote (11), however (11), respect (11), see (11), where (11), further (11), fair (11), were (11), community (11), personal (11), chapter (10), institutions (10), criminal (10), main (10), government (10), economic (10), cultural (10), religious (10), just (10), equitable (10), directly (10), include (10), while (10), enforcement (10), appropriate (10), two (9), conduct (9), containing (9), resources (9), article (9), body (9), 2006 (9), 2004 (9), international (9), new (9), reform (9), movement (9), whether (9), particular (9), than (9), given (9), manner (9), when (9), extent (9), most (9), limitations (9), subject (9), into (9), account (9), take (9), because (9), addition (9), exercise (9), environment (9), activities (9), citizen (9), legal (8), wikipedia (8), policy (8), non (8), specific (8), procedure (8), apartheid (8), administration (8), cct (8), ltd (8), 1997 (8), bank (8), independent (8), christian (8), make (8), democratic (8), horizontal (8), interpreted (8), requires (8), individuals (8), out (8), trial (8), protect (8), thus (8), union (8), participate (8), those (8), time (8), care (8), treatment (8), more (8), subsection (8), includes (8), toggle (7), available (7), laws (7), interim (7), 2007 (7), 2005 (7), pty (7), certification (7), assembly (7), 2013 (7), should (7), linguistic (7), 2019 (7), water (7), limits (7), important (7), order (7), before (7), some (7), either (7), statutory (7), direct (7), group (7), listed (7), who (7), respectively (7), can (7), detained (7), context (7), closely (7), value (7), enshrines (7), enacted (7), scope (7), both (7), practices (7), join (7), medical (7), history (7), many (7), safety (6), about (6), executive (6), parliament (6), 2003 (6), 2001 (6), 2020 (6), 2011 (6), affairs (6), hdl (6), currie (6), promotion (6), provide (6), speech (6), culture (6), belief (6), content (6), develop (6), generally (6), principle (6), disputes (6), used (6), part (6), due (6), rather (6), found (6), through (6), freedoms (6), own (6), though (6), anyone (6), acting (6), expressly (6), emergency (6), considering (6), achieve (6), certain (6), cause (6), would (6), appeal (6), positive (6), decided (6), affected (6), required (6), being (6), communities (6), choice (6), explicitly (6), established (6), relevant (6), circumstances (6), employers (6), profession (6), office (6), search (5), apply (5), page (5), june (5), categories (5), nine (5), evidence (5), customary (5), second (5), finance (5), cape (5), school (5), 2009 (5), commissioner (5), revenue (5), 2023 (5), parte (5), pilane (5), convention (5), investigating (5), directorate (5), serious (5), hyundai (5), rule (5), vote (5), 1080 (5), johannesburg (5), clause (5), obiter (5), system (5), our (5), enforceable (5), waal (5), values (5), necessary (5), chief (5), providing (5), judicial (5), approach (5), practice (5), often (5), indirect (5), consistent (5), consider (5), there (5), thought (5), factors (5), taken (5), less (5), between (5), organs (5), set (5), therefore (5), process (5), moreover (5), each (5), finally (5), educational (5), supreme (5), had (5), age (5), interests (5), secure (5), grants (5), tenure (5), municipality (5), occupation (5), deprivation (5), deprived (5), present (5), collective (5), organisation (5), people (5), elections (5), stand (5), read (5), enumerated (5), integrity (5), subjected (5), waiver (5), contents (4), view (4), sotho (4), 2022 (4), english (4), instruments (4), same (4), contract (4), areas (4), statutes (4), provincial (4), democracy (4), local (4), links (4), thebus (4), 1999 (4), department (4), 2016 (4), sca (4), 2015 (4), chairperson (4), ramakatsa (4), dawood (4), offences (4), 978 (4), isbn (4), determining (4), 2073 (4), 6215 (4), 2989 (4), ccr (4), parties (4), press (4), after (4), obligation (4), forum (4), responsibility (4), question (4), 1994 (4), electoral (4), nation (4), current (4), woolman (4), van (4), landmark (4), per (4), dispute (4), tribunal (4), sources (4), behalf (4), member (4), high (4), members (4), based (4), states (4), except (4), prescribed (4), will (4), importance (4), lawful (4), means (4), makwanyane (4), justifiable (4), judiciary (4), example (4), contained (4), way (4), made (4), otherwise (4), involving (4), called (4), self (4), give (4), racially (4), black (4), duty (4), subsections (4), whose (4), early (4), associational (4), constitutionally (4), within (4), applies (4), practise (4), maintain (4), associations (4), communications (4), redress (4), past (4), discriminatory (4), confirmed (4), entitled (4), socioeconomic (4), adult (4), concern (4), conditions (4), result (4), concerning (4), during (4), programmes (4), food (4), progressive (4), realisation (4), concerns (4), evictions (4), forced (4), arbitrary (4), amount (4), payment (4), having (4), rejected (4), according (4), prevent (4), relations (4), protections (4), country (4), violence (4), bodily (4), ground (4), applicable (4), grounds (4), equal (4), bearers (4), hide (4), move (4), sidebar (4), languages (3), afrikaans (3), northern (3), written (3), retrieved (3), category (3), abortion (3), nationality (3), negotiations (3), 1993 (3), traditional (3), provinces (3), founding (3), cct36 (3), carmichele (3), barkhuizen (3), napier (3), modderklip (3), boerdery (3), north (3), west (3), prince (3), good (3), 2010 (3), mpumalanga (3), 2014 (3), primary (3), eskom (3), vaal (3), river (3), trust (3), 2012 (3), magashule (3), reuck (3), director (3), prosecutions (3), islamic (3), unity (3), authority (3), lawyers (3), khumalo (3), motor (3), distributors (3), khosa (3), michael (3), role (3), university (3), february (3), 1727 (3), 3781 (3), 4314 (3), pelj (3), potchefstroom (3), electronic (3), potchefstroomse (3), elektroniese (3), regsblad (3), iain (3), 10520 (3), what (3), regulation (3), counts (3), framework (3), best (3), studies (3), city (3), protecting (3), 2024 (3), failure (3), plessis (3), 0258 (3), october (3), stu (3), hate (3), prevention (3), guidance (3), juta (3), judgment (3), references (3), regard (3), matter (3), deputy (3), inherent (3), connection (3), import (3), exceptions (3), rarely (3), instead (3), prefer (3), even (3), limit (3), iii (3), claims (3), name (3), open (3), foreign (3), significant (3), clauses (3), specifically (3), charter (3), capital (3), permissible (3), restrictive (3), legislature (3), actions (3), decisions (3), detailed (3), list (3), proceedings (3), arrest (3), detention (3), regulated (3), commented (3), heading (3), hearing (3), impartial (3), viewed (3), primarily (3), justiciable (3), jurisprudence (3), similarly (3), internal (3), referred (3), exercised (3), sachs (3), unanimous (3), denied (3), enjoy (3), wrote (3), extend (3), sphere (3), race (3), taking (3), litigated (3), control (3), over (3), treated (3), degradation (3), number (3), assistance (3), welfare (3), evicted (3), adequate (3), residents (3), campaign (3), reproductive (3), jaftha (3), eviction (3), applied (3), 1913 (3), date (3), racial (3), balance (3), strike (3), recognition (3), harmful (3), sets (3), benefit (3), bargaining (3), accordingly (3), sandu (3), employer (3), defence (3), could (3), remain (3), passport (3), informed (3), organisations (3), advance (3), negative (3), forms (3), contains (3), prohibitions (3), constitutes (3), scientific (3), elsewhere (3), conscience (3), force (3), insofar (3), servitude (3), slavery (3), itself (3), fundamental (3), respected (3), enjoyment (3), binds (3), fulfil (3), vertical (3), companies (3), afforded (3), tools (3), table (2), statement (2), contact (2), registered (2), license (2), last (2), wikisource (2), tsonga (2), venda (2), swazi (2), xhosa (2), zulu (2), tswana (2), november (2), 2017 (2), short (2), description (2), wikidata (2), 1998 (2), sex (2), marriage (2), environmental (2), delict (2), company (2), end (2), 1983 (2), 1961 (2), eighteenth (2), third (2), transitional (2), arrangements (2), functional (2), competence (2), election (2), leaders (2), 198 (2), 102 (2), external (2), 505 (2), pennington (2), cct23 (2), 409 (2), lesapo (2), agricultural (2), 744 (2), pridwin (2), preparatory (2), hoërskool (2), ermelo (2), zasca (2), governing (2), juma (2), musjid (2), essay (2), 768 (2), wesbank (2), holdings (2), affordable (2), medicines (2), phumelela (2), gaming (2), leisure (2), gründlingh (2), 317 (2), reddy (2), siemens (2), cct35 (2), geuking (2), 294 (2), broadcasting (2), bernstein (2), bester (2), thomas (2), holomisa (2), 2018 (2), sita (2), gijima (2), reddell (2), mineral (2), sands (2), bishop (2), 681 (2), word (2), rautenbach (2), 2263 (2), exclusion (2), exclusionary (2), admission (2), obtained (2), acta (2), juridica (2), funding (2), ensuring (2), recent (2), january (2), justiciability (2), mazibuko (2), execution (2), grootboom (2), december (2), march (2), amendment (2), elmien (2), april (2), european (2), 7203 (2), 2709 (2), 555x (2), 17159 (2), restraint (2), 1093 (2), implications (2), notice (2), intended (2), mlungwana (2), contested (2), abuse (2), 19962126 (2), qwelane (2), commercial (2), adjudication (2), nel (2), 7021 (2), barnard (2), heerden (2), johan (2), commentary (2), tested (2), doctrine (2), era (2), conceived (2), power (2), moral (2), line (2), requirement (2), developed (2), incrementally (2), magistrate (2), rules (2), avoidance (2), discussed (2), wherein (2), prism (2), spirit (2), preference (2), reading (2), giving (2), motors (2), applying (2), indirectly (2), recognised (2), importantly (2), establishes (2), bring (2), standing (2), matters (2), heard (2), instance (2), infringed (2), declaration (2), deal (2), litigation (2), similar (2), canada (2), adopted (2), like (2), comparison (2), absolute (2), punishment (2), limiting (2), prisoner (2), test (2), validity (2), excluded (2), outlines (2), offence (2), charge (2), presumed (2), obligations (2), service (2), historical (2), created (2), resolved (2), leverage (2), procedural (2), allows (2), litigants (2), substantive (2), enactment (2), adversely (2), reasons (2), requirements (2), principles (2), procedurally (2), paia (2), subsidiarity (2), speaker (2), ensure (2), levels (2), linked (2), accountability (2), affirmed (2), kinds (2), xxvii (2), features (2), relationships (2), clear (2), supremacy (2), diversity (2), albie (2), belonging (2), extends (2), minority (2), level (2), since (2), expense (2), discriminate (2), standards (2), comparable (2), preclude (2), receive (2), results (2), medium (2), yet (2), strong (2), schools (2), textbook (2), his (2), her (2), commencement (2), resource (2), progressively (2), accessible (2), dimension (2), kept (2), years (2), armed (2), conflict (2), birth (2), permitted (2), physical (2), defining (2), unable (2), support (2), themselves (2), dependants (2), implicated (2), sufficient (2), consideration (2), element (2), joe (2), slovo (2), refused (2), events (2), soobramoney (2), kwazulu (2), natal (2), suggests (2), particularly (2), homes (2), schoeman (2), demolished (2), extension (2), occupiers (2), invasion (2), permit (2), obligates (2), legally (2), restitution (2), dispossessed (2), commitment (2), reflecting (2), debate (2), licenses (2), expropriated (2), acquisition (2), adds (2), agreed (2), approved (2), fnb (2), partly (2), supply (2), restrictions (2), upon (2), madlanga (2), wellbeing (2), future (2), generations (2), promoting (2), ecologically (2), sustainable (2), conservation (2), ecological (2), pollution (2), regulate (2), recognise (2), agreements (2), several (2), organise (2), workers (2), unions (2), leave (2), pharmaceutical (2), relating (2), restricted (2), competition (2), judge (2), suggested (2), enter (2), reside (2), anywhere (2), extradition (2), large (2), commission (2), entrenched (2), objectives (2), included (2), participation (2), carried (2), citizenship (2), choices (2), regular (2), elected (2), hold (2), secret (2), implies (2), frequently (2), demonstrate (2), picket (2), petitions (2), peacefully (2), unarmed (2), assemble (2), protest (2), explicit (2), gender (2), incitement (2), academic (2), artistic (2), creativity (2), media (2), conducted (2), observances (2), tradition (2), opinion (2), definition (2), below (2), judgments (2), council (2), moves (2), sexual (2), contexts (2), seizure (2), possessions (2), searched (2), located (2), status (2), transvaal (2), upheld (2), pregnancy (2), ultimately (2), mohamed (2), arbitrarily (2), psychological (2), reproduction (2), experiments (2), consent (2), cruel (2), inhuman (2), degrading (2), liberties (2), ruling (2), dispositive (2), largely (2), intimate (2), informs (2), occasioned (2), alongside (2), additionally (2), regardless (2), contravention (2), full (2), achievement (2), designed (2), disadvantaged (2), imposed (2), suggest (2), fully (2), conversely (2), beneficiaries (2), beings (2), recognises (2), extended (2), cornerstone (2), asmal (2), wamalungelo (2), ditokelo (2), municipal (2), portal (2), visa (2), cabinet (2), appearance (2), upload (2), file (2), changes (2), log (2), create (2), donate (2), menu (2), add, topic, mobile, cookie, statistics, developers, code, contacts, disclaimers, additional, using, site, you, agree, trademark, profit, organization, wikimedia, foundation, inc, creative, commons, attribution, sharealike, rendered, parsoid, edited, 2026, utc, hidden, templates, missing, dmy, dates, different, https, org, index, php, title, chapter_two_of_the_constitution_of_south_africa, oldid, 1360627609, marine, living, prostitution, lgbt, internet, censorship, cannabis, issues, succession, sale, patents, lease, insurance, insolvency, firearms, copyright, agency, citation, 1909, previous, seventeenth, sixteenth, fifteenth, fourteenth, thirteenth, twelfth, eleventh, tenth, ninth, eighth, seventh, sixth, fifth, fourth, amendments, repealed, exclusive, concurrent, procedures, oaths, solemn, affirmations, flag, schedules, 209, 210, 205, 208, 200, 204, 199, supporting, 100, 101, operative, chapters, preamble, original, 1100, 938, 995, cct72, 323, 691, cct20, 786, cct14, 1413, 1076, 1420, 794, 231, hope, cct294, 1029, 327, cct40, 415, 177, head, 20793, 369, 761, cct19, 702, 527, 325, soc, cct27, 247, 529, amended, cct31, 883, 350, 251, 486, ilj, 135, telecommunications, 895, 109, 202, 431, cct5, 406, 1333, witwatersrand, division, 433, cct4, 757, 1051, 449, 751, 509, 518, 1086, 936, 837, shalabi, cct53, 401, 771, 404, 545, smit, 569, mahlaule, brickhill, jason, 129, beginning, brice, dickson, 21st, century, amnesty, lecture, queen, belfast, malherbe, 4th, edition, 05053, ally, 21116, v15i5, costs, factual, guilt, tilt, scales, favour, unconstitutionally, hoexter, cora, 303, ejc52672, difference, porat, iddo, 531, 0018, 503, buying, peled, roy, rabin, yoram, 357, columbia, venter, francois, 459, aja02586568_675, 438, 2225, 7160, jure, critical, evaluation, skelton, ann, arendse, 17562, v14i6, perspective, binford, warren, 333, york, constitutionalization, couzens, meda, 386, 0014, 363, williams, lucy, 0803, 9410, 08039410, 9666424, beukes, soraya, ejc, 1eb550f3be, esr, nuanced, enough, sales, schneider, daniel, irene, mail, guardian, spectacular, expected, kwarteng, abdul, hamid, botchway, prehi, 5539, jpl, v12n1p98, preliminary, lubbe, hein, 112, 0004, leeway, akinola, adeoye, 232, 9346, 02589346, 1715178, 215, politikon, interrogating, securitisation, 226, 2190, 8362, 1515, eplj, 0009, 211, msiza, perpetuation, injustices, miscalculation, klug, heinz, participating, design, making, chaskalson, matthew, 139, 02587203, 11827533, 131, pretorius, v30i1, 12608, covenants, synthesis, approaches, berat, 1474, 2640, icon, moi003, jurisdictional, questions, wolf, loammi, 47348, salj, v138, i1a4, 138, practical, npc, myrone, stoffels, v40i2, 11272, gathering, cct32, pickering, joanna, motala, ayesha, capps, gavin, kingwill, rosalie, beinart, william, eds, wits, 140, 77614, 121, chiefs, rural, histories, struggles, interdicts, 353, 11865019, 346, tea, your, mob, rebellion, garvis, satawu, 280, wcc, winks, ben, 123, 0005, hurts, lingering, obscurity, kruger, petronell, mafuyeka, mikateko, karim, safura, abdool, 321, 35894565, pmid, 1748, 720x, 1017, jme, medicine, ethics, tension, interventions, janse, rensburg, pienaar, 10394, 1952, v6i1, 43474, 2415, 0517, 18820, 24150517, jjs46, juridical, science, dimensional, elements, kok, anton, why, controversy, mcconnachie, 629, 0143, 6503, ojls, gqu002, 609, oxford, 2nd, 9990, gaibie, shamima, industrial, decision, sequel, 762, 124, amazing, vanishing, dafel, 11865235, 9999, handbook, cockrell, alfred, july, duck, rabbit, 537, 1111, 1468, 2230, 00096, 513, modern, tánaiste, unveiling, plaque, commemorating, contractual, encompasses, invoking, arena, emphasised, imposes, irrespective, asks, guidelines, routine, superior, refashion, reflect, changing, reshape, reference, particulars, room, left, xxxiv, dikgang, moseneke, xxxiii, bhe, khayelitsha, masiya, xxxii, notwithstanding, enforced, adjudicate, legality, opacity, apparent, circularity, deploy, invalidate, prevailing, transition, transformation, characterises, enterprise, whole, down, precedence, interpretations, influence, rise, enforcing, resolve, interpret, whatever, governs, attempt, turning, interpreting, developing, purport, objects, deny, existence, conferred, conformance, extremely, generous, capacity, outer, eight, typically, highest, competent, alleging, threatened, grant, cannot, class, relief, underlie, entrenching, pertains, concomitant, derogation, compared, accordance, art, etc, 1982, demonstrably, justified, canadian, deem, very, difficult, justifiably, abolished, achieving, relation, invariably, carrying, functions, empowered, s36, violates, render, detrimental, bogaards, singo, dzukuda, tshilo, basson, longest, comprises, arrested, allegedly, committing, sentenced, guarantees, accused, bis, idem, double, jeopardy, incrimination, silence, innocent, representation, speedy, inter, alia, xxxi, mphahlele, armbruster, metcash, trading, beinash, ernst, young, xxx, responds, paralysis, bifurcated, bulwark, chaos, anarchy, causes, xxix, vigilantism, yvonne, mokgoro, 1927, parliamentary, sovereignty, ouster, guarantee, vindicate, mandates, adding, impose, efficient, tripartite, familiar, grounding, trilogy, defined, holding, excludes, roux, rugby, football, fedsure, assurance, alleviate, financial, burden, henceforth, challenges, envisaged, wider, namely, accountable, subsequent, lower, responsiveness, openness, essential, effective, among, advanced, worldwide, conclude, proviso, inconsistent, sought, acknowledge, preventing, privatise, offensive, shield, oppressive, concerned, light, stance, paradox, tolerance, pointed, parallels, refers, statistical, dependent, counter, balancing, numbers, qualitative, minorities, covenant, whom, leaving, somewhat, ambiguous, emphasises, xxviii, sandile, ngcobo, warranted, 213, establish, inferior, subsidies, xxvi, reasonably, practicable, alternatives, equity, practicability, need, sensitivity, xxv, single, official, wording, entail, equipment, learners, grade, teaching, course, xxiv, qualified, immediately, realisable, unlike, xxiii, defines, responsibilities, described, hybrid, emanating, negotiated, restitutional, effects, protective, treasured, reluctant, submit, instruction, bantu, measure, resort, shortest, period, separately, practitioner, assigned, affecting, substantial, injustice, times, domestic, parental, alternative, removed, nutrition, shelter, maltreatment, exploitative, perform, work, inappropriate, place, risk, mental, spiritual, neglect, perhaps, paramountcy, imported, extensively, lists, uniquely, united, nations, paramount, orderly, crisis, sash, seldom, sometimes, produce, sanitation, litigating, narrowly, covering, acute, arising, sudden, unexpected, ongoing, illness, threatening, chronic, illnesses, three, together, interdependent, valueless, david, bilchitz, award, debtors, dealing, consequences, gundwana, steko, standard, saunderson, menqa, markom, writs, seeks, correct, facing, involve, unlawfully, occupied, olivia, road, berea, township, 197, street, thubelisha, port, elizabeth, various, illegal, unlawful, removals, complemented, pair, homelessness, understood, granting, foster, enable, gain, insecure, enact, promulgated, redistribution, remaining, pursuit, broad, impede, reforms, deployed, exhaustive, five, deemed, highly, controversial, proposals, quantum, zero, amend, nil, expropriate, market, investment, subsidy, beneficial, improvement, heart, proceeds, overriding, proportionate, declined, define, comprehensively, certainly, ownership, corporeal, movables, xxii, explicates, comparative, unusually, hotly, symbolic, post, september

Text of the page (random words):
countable administration at all levels of government xxvii 83 in subsequent jurisprudence in lower courts it was similarly linked to the founding constitutional values of accountability responsiveness and openness 7 the constitutional court affirmed this connection in my vote counts v minister of justice in which it also held that access to certain kinds of information in this case information about political parties sources of funding was essential for the effective exercise of the political rights protected in section 19 36 section 32 2 of the constitution requires the enactment of national freedom of information legislation to give effect to the right of access to information with due provision for reasonable measures to alleviate the administrative and financial burden on the state the legislation thus enacted was the promotion of access to information act 2 of 2000 paia the constitutional court held in my vote counts v speaker that under the principle of subsidiarity section 32 rights are henceforth justiciable as claims under or challenges to paia just administrative action edit see also administrative law in south africa 33 1 2 everyone has the right to administrative action that is lawful reasonable and procedurally fair everyone whose rights have been adversely affected by administrative action has the right to be given written reasons under the heading of just administrative act section 33 provides for administrative due process section 33 1 provides for a universal right to administrative action that is lawful reasonable and procedurally fair while section 33 2 requires that everyone whose rights have been adversely affected by administrative action has the right to be given written reasons the tripartite requirements of section 33 1 were familiar in south african administrative law as common law principles but were given new constitutional grounding by the bill of rights 37 in an early trilogy of cases fedsure life assurance v johannesburg president of the republic of south africa v south african rugby football union and nel v le roux the constitutional court incrementally defined the scope of administrative action holding that it excludes legislative action executive action and judicial action 38 section 33 3 mandates the enactment of national legislation to give effect to the section 33 rights adding that such legislation must provide for the review of administrative action by a court or where appropriate an independent and impartial tribunal impose a duty on the state to give effect to the rights in subsections 1 and 2 and promote an efficient administration the legislation thus enacted was the promotion of administrative justice act 3 of 2000 access to courts edit see also civil procedure in south africa 34 everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or where appropriate another independent and impartial tribunal or forum under the heading of access to courts section 34 enshrines a universal right to a fair hearing of legal disputes it provides that everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or where appropriate another independent and impartial tribunal or forum with section 32 and section 33 section 34 has been viewed as providing a category of leverage right a primarily procedural guarantee that allows litigants to leverage or vindicate their other substantive rights 7 in historical context section 34 responds to the apartheid era paralysis of judicial review under ouster clauses and parliamentary sovereignty as well as to the racially bifurcated judicial system created by the black administration act 38 of 1927 7 moreover in chief lesapo v north west agricultural bank justice yvonne mokgoro commented that the section 34 right is closely related to the constitutional value of the rule of law and is in particular a bulwark against vigilantism and the chaos and anarchy which it causes xxix 22 the court held in s v pennington that section 34 does not apply to criminal proceedings which are instead regulated by section 35 xxx 46 other cases involving the interpretation and application of section 34 include barkhuizen v napier beinash v ernst young metcash trading v commissioner for the south african revenue service armbruster v minister of finance and mphahlele v first national bank 7 in addition in president v modderklip boerdery the constitutional court considered the nature of the state s positive obligations to give effect to section 34 xxxi arrest detention and trial edit see also criminal procedure in south africa and law of evidence in south africa the longest section of the bill of rights section 35 comprises a detailed list of rights which protect due process in criminal proceedings section 35 1 outlines the rights of persons arrested for allegedly committing an offence while section 35 2 outlines the right of persons detained including every sentenced prisoner section 35 3 guarantees every accused person s right to a fair trial including inter alia the right to notice of the charge right to a public trial the right to a speedy trial the right to legal representation the right to be presumed innocent the right to silence the right against self incrimination the right against double jeopardy called ne bis in idem in south african law and the right of appeal or review section 35 5 establishes an exclusionary rule under which evidence obtained in a manner that violates any right in the bill of rights must be excluded if the admission of that evidence would render the trial unfair or otherwise be detrimental to the administration of justice the constitutional court has interpreted this provision in cases including s v basson 39 other landmark cases involving section 35 include s v dzukuda s v tshilo s v singo s v thebus and s v bogaards 7 limitation of rights edit rights contained in the bill of rights are not absolute and may be limited by way of specific limitation clauses where individual rights are subject to limitations set out in the individual sections e g section 9 on equality in addition the constitution provides a general limitation clause at section 36 which provides for all rights in the bill of rights to be limited in terms of law of general application and that limitations must be reasonable and justifiable in an open and democratic society based on human dignity equality and freedom any limitation must therefore be reasonable and may only be made with good cause limits should also be less restrictive organs of state such as the judiciary the legislature or the executive may invariably limit rights in carrying out their functions for example by limiting the freedom of a prisoner further because of the horizontal application of the bill of rights rights may be limited by the actions or decisions of other persons the courts are empowered to test the validity of the limitation in terms of s36 section 36 provides certain factors that must be taken into account by the courts when determining if a limitation is reasonable and justifiable the nature of the right the importance of the limitation the nature and extent of the limitation the relation between the limitation and its purpose and less restrictive means to achieve the purpose these factors are not absolute and other factors that the court may deem necessary may also be taken into account when the nature of the right is considered the courts will have to take into account the content of the right the importance of the right and the interest which is protected it is for instance very difficult to justifiably limit the right to life as the constitutional court held in s v makwanyane where capital punishment was abolished the promotion and protection of a permissible or lawful public interest will be important when considering the limitation and its purpose further the constitution requires a less restrictive means to be considered rather than limiting the rights of an individual in achieving that purpose 40 comparison with other human rights instruments edit the limitations clause under section 36 has been compared to similar clauses in the european convention on human rights specifically there are limits on privacy rights section 8 2 except such as is in accordance with the law and is necessary in a democratic society limits on freedom of thought and religion art 9 2 subject only to such limitations as are prescribed by law and are necessary for a democratic society etc in canada the canadian charter of rights and freedoms was adopted in 1982 section 1 of that charter like section 36 of the south african law states that rights are subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society 41 states of emergency edit section 37 of the bill of rights pertains expressly to states of emergency and concomitant derogation of rights enforcement of the bill of rights edit see also south african constitutional litigation sections 38 and 39 deal with enforcement of rights and interpretation of bill of rights respectively in respect of interpretation section 39 1 provides that the interpretation of the bill of rights must promote the values that underlie an open and democratic society based on human dignity equality and freedom must consider international law and may consider foreign law however these sections are most significant for entrenching the justiciability of the bill of rights direct enforcement edit 38 anyone listed in this section has the right to approach a competent court alleging that a right in the bill of rights has been infringed or threatened and the court may grant appropriate relief including a declaration of rights the persons who may approach a court are anyone acting in their own interest anyone acting on behalf of another person who cannot act in their own name anyone acting as a member of or in the interest of a group or class of persons anyone acting in the public interest and an association acting in the interest of its members section 38 establishes an extremely generous doctrine of standing in rights disputes providing that individuals may bring rights claims on their own behalf on behalf of other individuals in their capacity as a member of a group of persons or in the public interest the outer limits of this standing have rarely been tested 7 in terms of chapter eight of the constitution the constitutional court is the highest court in all constitutional matters though rights disputes are typically heard in the high court of south africa in the first instance 7 indirect enforcement edit section 39 3 provides that the bill of rights does not deny the existence of any other rights or freedoms that are recognised or conferred by common law customary law or legislation to the extent that they are consistent with the bill however importantly section 39 2 provides that these other sources of law must be interpreted in conformance with the bill of rights when interpreting any legislation and when developing the common law or customary law every court tribunal or forum must promote the spirit purport and objects of the bill of rights section 39 2 is often conceived as giving rise to a second indirect manner of enforcing or applying the bill of rights in this approach the bill of rights is not used directly to resolve a dispute but instead is used indirectly to interpret or develop whatever non constitutional law governs the dispute 3 under the principle of avoidance courts may prefer to attempt indirect application or enforcement before turning to direct application or enforcement 3 statutory interpretation edit main article statutory interpretation in south africa influence of the bill of rights the import of section 39 2 for statutory interpretation was discussed in investigating directorate serious economic offences v hyundai motors wherein the constitutional court found that all statutes must be interpreted through the prism of the bill of rights in the spirit of transition and transformation that characterises the constitutional enterprise as a whole iii 21 22 investigating directorate also held that this approach requires a preference for reading down statutes giving precedence to interpretations on which a given statutory provision does not limit any constitutional right 42 iii 21 26 development of the common law edit in connection with the common law section 39 2 has particular import for the horizontal application of the bill of rights in private disputes 5 in practice and notwithstanding some exceptions the bill of rights is not generally directly enforced in private disputes at common law that is its provisions are rarely used to adjudicate the legality of private conduct instead in part due to the principle of avoidance and in part due to the opacity and apparent circularity of section 8 courts generally prefer to deploy section 39 2 rather than section 8 2 that is they prefer to develop the common law rather than apply constitutional rights directly to invalidate either private conduct or even prevailing common law rules 3 45 47 a landmark case in this regard was barkhuizen v napier a contract law matter in which the constitutional court held that contractual provisions should be tested not against constitutional rights but against public policy provided that public policy doctrine in the constitutional era has constitutional content which encompasses the values of the bill of rights xxxii other important cases invoking section 39 2 include carmichele v minister of safety and security s v thebus and s v masiya as well as bhe v magistrate khayelitsha in the customary law arena in carmichele the constitutional court emphasised that section 39 2 imposes a general obligation on courts to develop the common law as necessary irrespective of whether any party asks the court to do so xxxiii 39 and in thebus deputy chief justice dikgang moseneke conceived of section 39 2 as providing constitutional authority and constitutional guidelines to the inherent and routine power of superior courts to refashion and develop the common law in order to reflect the changing social moral and economic make up of society xxxiv 31 this constitutional judicial power to reshape the common law in line with the bill of rights is generally limited by the requirement that the common law must be developed incrementally and on a case by case basis with reference to the particulars of the case before the court per currie and de waal some guidance on the new approach has to be provided while room must be left for the courts to develop the principle on a case by case basis 3 63 references edit commentary edit tánaiste at the unveiling of a plaque commemorating south africa s bill of rights cockrell alfred july 1997 the south african bill of rights and the duck rabbit modern law review 60 4 5...