Section 7-8 Constitution of South Africa 1996
Table of Contents
Section 7 and 8 of the Constitution of South Africa 1996 (as amended), among others, are under Chapter 2 of the Constitution. Chapter 2 is titled ‘Bill of Rights‘.
Section 7 Constitution of South Africa 1996
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.
Section 8 Constitution of South Africa 1996
- The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state.
- 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.
- 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).
- 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.