Chapter 2: Bill of Rights
CHAPTER 2
bill of RiGhtS
Rights
7. �
(1)
This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the
rights of all people in our country and affirms the democratic values of human
dignity, equality and freedom.
(2) � The state must respect, protect, promote and fulfil the rights in the Bill of Rights.
(3) � The rights in the Bill of Rights are subject to the limitations contained or referred to
in section 36, or elsewhere in the Bill.
Application
8. �
(1)
The Bill of Rights applies to all law, and binds the legislature, the executive, the
judiciary and all organs of state.
(2) � A provision of the Bill of Rights binds a natural or a juristic person if, and to the
extent that, it is applicable, taking into account the nature of the right and the
nature of any duty imposed by the right.
(3) � When applying a provision of the Bill of Rights to a natural or juristic person in terms
of subsection (2), a court—
(a) � in order to give effect to a right in the Bill, must apply, or if necessary develop,
the common law to the extent that legislation does not give effect to that
right; and
(b) � may develop rules of the common law to limit the right, provided that the
limitation is in accordance with section 36(1).
(4) � A juristic person is entitled to the rights in the Bill of Rights to the extent required by
the nature of the rights and the nature of that juristic person.
Equality
9. �
(1)
(2)
Everyone is equal before the law and has the right to equal protection and benefit of
the law.
Equality includes the full and equal enjoyment of all rights and freedoms. To
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