bill of rights south africa

A resolution in terms of this paragraph may be adopted only following a public debate in the Assembly. Any subsequent extension must be by a resolution adopted with a supporting vote of at least 60 per cent of the members of the Assembly. (4) Only the Constitutional Court may – (a) decide disputes between organs of state in the national or provincial sphere concerning the constitutional status, powers or functions of any of those organs of state; (b) decide on the constitutionality of any parliamentary or provincial Bill, but may do so only in the circumstances anticipated in section 79 or 121; (c) decide applications envisaged in section 80 or 122; (d) decide on the constitutionality of any amendment to the Constitution; (e) decide that Parliament or the President has failed to fulfil a constitutional obligation; or (f) certify a provincial constitution in terms of section 144. Section 187 Functions of Commission for Gender Equality (1) The Commission for Gender Equality must promote respect for gender equality and the protection, development and attainment of gender equality. Section 222 Reports The Commission must report regularly both to Parliament and to the provincial legislatures. Section 100 National supervision of provincial administration (1) When a province cannot or does not fulfil an executive obligation in terms of legislation or the Constitution, the national executive may intervene by taking any appropriate steps to ensure fulfilment of that obligation, including – (a) issuing a directive to the provincial executive, describing the extent of the failure to fulfil its obligations and stating any steps required to meet its obligations; and (b) assuming responsibility for the relevant obligation in that province to the extent necessary to – (i) maintain essential national standards or meet established minimum standards for the rendering of a service; (ii) maintain economic unity; (iii) maintain national security; or (iv) prevent that province from taking unreasonable action that is prejudicial to the interests of another province or to the country as a whole. (6) The involvement of civil society in the recommendation process may be provided for as envisaged in section 59(1)(a). (2) Additional revenue raised by provinces or municipalities may not be deducted from their share of revenue raised nationally, or from other allocations made to them out of national government revenue. Section 228 Provincial taxes (1) A provincial legislature may impose – (a) taxes, levies and duties other than income tax, value-added tax, general sales tax, rates on property or customs duties; and (b) flat-rate surcharges on the tax bases of any tax, levy or duty that is imposed by national legislation, other than the tax bases of corporate income tax, value-added tax, rates on property or customs duties. Section 99 Assignment of functions A Cabinet member may assign any power or function that is to be performed in terms of an Act of Parliament to a member of a provincial Executive Council or to a Municipal Council. (2) The state must respect, protect, promote and fulfil the rights in the Bill of Rights. "Constitutional Law, 4th Edition," 2004. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom." (2) A judge designated by the President of the Constitutional Court must preside over the election of a Speaker. We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to – Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights; Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law; Improve the quality of life of all citizens and free the potential of each person; and Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations. Section 164 Other matters Any matter concerning local government not dealt with in the Constitution may be prescribed by national legislation or by provincial legislation within the framework of national legislation. Some provisions, such as those prohibiting unfair discrimination, also apply to the actions of private persons. (3)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. (6) If the provincial commissioner has lost the confidence of the provincial executive, that executive may institute appropriate proceedings for the removal or transfer of, or disciplinary action against, that Commissioner, in accordance with national legislation. Section 32 Access to information (1) Everyone has the right of access to – (a) any information held by the state; and (b) any information that is held by another person and that is required for the exercise or protection of any rights. (2) The Mediation Committee has agreed on a version of a Bill, or decided a question, when that version, or one side of a question, is supported by – (a) at least five of the representatives of the National Assembly; and (b) at least five of the representatives of the National Council of Provinces. Section 11 Life Everyone has the right to life. Section 40 Government of the Republic (1) In the Republic, government is constituted as national, provincial and local spheres of government, which are distinctive, interdependent and interrelated. (2) National legislation must prescribe – (a) the form of national, provincial and municipal budgets; (b) when national and provincial budgets must be tabled; and (c) that budgets in each sphere of government must show the sources of revenue and the way in which proposed expenditure will comply with national legislation. South african constitution 1. (5) A municipality has the right to exercise any power concerning a matter reasonably necessary for, or incidental to, the effective performance of its functions. See Robinson ‘An o verview of the provisio ns o f the South African Bill of Rights w ith . To the extent that the legislation may limit a right in this Chapter, the limitation must comply with section 36(1). Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa. Section 8 Application (1) The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state. (2) Other privileges and immunities of the National Assembly, Cabinet members and members of the Assembly may be prescribed by national legislation. Section 10 Human dignity Everyone has inherent dignity and the right to have their dignity respected and protected. (3) The National Assembly is elected to represent the people and to ensure government by the people under the Constitution. (2) The National Council of Provinces may not exclude the public, including the media, from a sitting of a committee unless it is reasonable and justifiable to do so in an open and democratic society. Section 168 Supreme Court of Appeal (1) The Supreme Court of Appeal consists of a Chief Justice, a Deputy Chief Justice and the number of judges of appeal determined by an Act of Parliament. These rights relate to domestic family life, child labour, education, imprisonment, and armed conflict. We make no claims to the veracity of this law. Section 110 Sittings and recess periods (1) After an election, the first sitting of a provincial legislature must take place at a time and on a date determined by a judge designated by the President of the Constitutional Court, but not more than 14 days after the election result has been declared. (5) Provincial legislation must determine the different types of municipality to be established in the province. (2) A provincial legislature must provide for mechanisms – (a) to ensure that all provincial executive organs of state in the province are accountable to it; and (b) to maintain oversight of – (i) the exercise of provincial executive authority in the province, including the implementation of legislation; and (ii) any provincial organ of state. (2) A child’s best interests are of paramount importance in every matter concerning the child. (2) National legislation that applies uniformly with regard to the country as a whole prevails over provincial legislation if any of the following conditions is met: (a) The national legislation deals with a matter that cannot be regulated effectively by legislation enacted by the respective provinces individually. (2) A person who is not eligible to be a member of a Municipal Council in terms of subsection (1)(a), (b),(d) or (e) may be a candidate for the Council, subject to any limits or conditions established by national legislation. Section 23 Labour relations (1) Everyone has the right to fair labour practices. court to protect your rights. [Title 4] Provincial and Local Financial Matters. (h) If the Mediation Committee agrees on another version of the Bill, that version of the Bill must be referred to both the Assembly and the Council, and if it is passed by the Assembly and the Council, it must be submitted to the President for assent. (3) Before assuming the responsibilities, powers and, functions of the Premier, the Acting Premier must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2. (2) The national policing policy may make provision for different policies in respect of different provinces after taking into account the policing needs and priorities of these provinces. It enshrines the rights of all people in the country and affirms the democratic values of human dignity, equality and freedom. Section 20 Citizenship No citizen may be deprived of citizenship. Section 112 Decisions (1) Except where the Constitution provides otherwise – (a) a majority of the members of a provincial legislature must be present before a vote may be taken on a Bill or an amendment to a Bill; (b) at least one third of the members must be present before a vote may be taken on any other question before the legislature; and (c) all questions before a provincial legislature are decided by a majority of the votes cast. Section 224 Primary object (1) The primary object of the South African Reserve Bank is to protect the value of the currency in the interest of balanced and sustainable economic growth in the Republic. Section 82 Safekeeping of Acts of Parliament The signed copy of an Act of Parliament is conclusive evidence of the provisions of that Act and, after publication, must be entrusted to the Constitutional Court for safekeeping. Section 137 Transfer of functions The Premier by proclamation may transfer to a member of the Executive Council – (a) the administration of any legislation entrusted to another member; or (b) any power or function entrusted by legislation to another member. to form and join an employers' organisation; and to participate in the activities and programmes of an employers' organisation.”, The Section lists the following rights for trade unions and employer organisations “Every trade union and every employers' organisation has the right to determine its own administration, programmes and activities; to organise; and to form and join a federation. Section 36 provides certain factors that must be taken into account by the courts when determining if a limitation is reasonable and justifiable: These factors are not absolute and other factors that the court may deem necessary may also be taken into account. (6) Whenever anyone is detained without trial in consequence of a derogation of rights resulting from a declaration of a state of emergency, the following conditions must be observed: (a) An adult family member or friend of the detainee must be contacted as soon as reasonably possible, and informed that the person has been detained. (b) A Bill passed by the Assembly in terms of paragraph (a)(i) must be submitted to the President for assent. freedom of artistic creativity; and academic freedom and freedom of scientific research.”, Section 16 contains the following limitations to freedom of expression “The right in subsection (1) does not extend to propaganda for war; incitement of imminent violence; or advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm..”. “ The Section also provides that “Recognition in terms of paragraph (a) must be consistent with this section and the other provisions of the Constitution.”, Section 16 contains detailed provisions with regard to freedom of expression, stating “Everyone has the right to freedom of expression, which includes freedom of the press and other media; freedom to receive or impart information or ideas; (2) The boundaries of the provinces are those that existed when the Constitution took effect. (f) If the Mediation Committee agrees on the Bill as passed by the Council, the Bill must be referred to the Assembly, and if the Assembly passes the Bill, the Bill must be submitted to the President for assent. Section 144 Certification of provincial constitutions (1) If a provincial legislature has passed or amended a constitution, the Speaker of the legislature must submit the text of the constitution or constitutional amendment to the Constitutional Court for certification. It means your right to life cannot be violated. (2) Money may be withdrawn from the National Revenue Fund only – (a) in terms of an appropriation by an Act of Parliament; or (b) as a direct charge against the National Revenue Fund, when it is provided for in the Constitution or an Act of Parliament. (2) The national treasury, with the concurrence of the Cabinet member responsible for national financial matters, may stop the transfer of funds to an organ of state only for serious or persistent material breach of the measures established in terms of subsection (1). (7) If a court releases a detainee, that person may not be detained again on the same grounds unless the state first shows a court good cause for re-detaining that person. (3) The legislature of a province, by a resolution adopted with a supporting vote of at least two thirds of its members, may remove the Premier from office only on the grounds of – (a) a serious violation of the Constitution or the law; (b) serious misconduct; or (c) inability to perform the functions of office. (2) Command of the defence force must be exercised in accordance with the directions of the Cabinet member responsible for defence, under the authority of the President. (3) The Public Protector may not investigate court decisions. Section 63 Sittings of National Council (1) The National Council of Provinces may determine the time and duration of its sittings and its recess periods. Section 170 Magistrates” Courts and other courts Magistrates” Courts and all other courts may decide any matter determined by an Act of Parliament, but a court of a status lower than a High Court may not enquire into or rule on the constitutionality of any legislation or any conduct of the President. The extent of the jurisdiction and application of the Bill of Rights (Tswana: molaotlhomo wa ditshwanelo; Sotho: bili ya ditokelo; Northern Sotho: molao wa ditokelo; Afrikaans: handves van regte; Zulu: umqulu wamalungelo; Southern Ndebele: ivikelamalungelo; Xhosa: usomqulu wamalungelo; Swazi: umculu wemalungelo; Venda: mulayo wa pfanelo dza vhathu; Tsonga: nxaxamelo wa timfanelo) is defined by sections seven and eight, entitled "Rights" and "Application" respectively. (3) Every citizen has the right to enter, to remain in and to reside anywhere in, the Republic. This Bill of Rights is a cornerstone of democracy in South Africa. (3) National legislation must provide for the acquisition, loss and restoration of citizenship. Section 152 Objects of local government (1) The objects of local government are: (a) To provide democratic and accountable government for local communities; (b) to ensure the provision of services to communities in a sustainable manner; (c) to promote social and economic development; (d) to promote a safe and healthy environment; and (e) to encourage the involvement of communities and community organisations in the matters of local government. National legislation may be enacted to regulate collective bargaining. (4)If a court is not satisfied that the requirements of subsection (3) have been met, it may refer a dispute back to the organs of state involved. Section 150 Interpretation of conflicts When considering an apparent conflict between national and provincial legislation, or between national legislation and a provincial constitution, every court must prefer any reasonable interpretation of the legislation or constitution that avoids a conflict, over any alternative interpretation that results in a conflict. Article 24 specifically puts environmental rights into the context of human health, stating “Everyone has the right to an environment that is not harmful to their health or well-being;” As well as recognising the rights of future generations in the context of sustainable development by stating “and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.”. (2) The rules and orders of the National Assembly must provide for – (a) the establishment, composition, powers, functions, procedures and duration of its committees; (b) the participation in the proceedings of the Assembly and its committees of minority parties represented in the Assembly, in a manner consistent with democracy; (c) financial and administrative assistance to each party represented in the Assembly in proportion to its representation, to enable the party and its leader to perform their functions in the Assembly effectively; and (d) the recognition of the leader of the largest opposition party in the Assembly as the Leader of the Opposition. (5) A Bill envisaged in section 42(6) must be dealt with in accordance with the procedure established by subsection (1), except that – (a) when the National Assembly votes on the Bill, the provisions of section 53(1) do not apply; instead, the Bill may be passed only if a majority of the members of the Assembly vote in favour of it; and (b) if the Bill is referred to the Mediation Committee, the following rules apply: (i) If the National Assembly considers a Bill envisaged in subsection (1) (g) or (h), that Bill may be passed only if a majority of the members of the Assembly vote in favour of it. Adding to this the Section grants "security in and control over" the own body and to not be subjected to medical or scientific experiments without informed consent. (2) A provincial legislature may not exclude the public, including the media, from a sitting of a committee unless it is reasonable and justifiable to do so in an open and democratic society. (d) If the Council rejects the Bill, or if the Assembly refuses to pass an amended Bill referred to it in terms of paragraph (c), the Bill and, where applicable, also the amended Bill, must be referred to the Mediation Committee, which may agree on – (i) the Bill as passed by the Assembly; (ii) the amended Bill as passed by the Council; or (iii) another version of the Bill. Section 77 Money Bills (1) A Bill that appropriates money or imposes taxes, levies or duties is a money Bill. (3) Salaries, allowances and benefits payable to members of a provincial legislature are a direct charge against the Provincial Revenue Fund. Equality: You cannot be discriminated against. The state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis. (5) Every trade union, employers” organisation and employer has the right to engage in collective bargaining. Section 69 Evidence or information before National Council The National Council of Provinces or any of its committees may – (a) summon any person to appear before it to give evidence on oath or affirmation or to produce documents; (b) require any institution or person to report to it; (c) compel, in terms of national legislation or the rules and orders, any person or institution to comply with a summons or requirement in terms of paragraph (a) or (b); and (d) receive petitions, representations or submissions from any interested persons or institutions. (2) An Act of Parliament must – (a) establish or provide for structures and institutions to promote and facilitate intergovernmental relations; and (b) provide for appropriate mechanisms and procedures to facilitate settlement of intergovernmental disputes. Section 230 Provincial and municipal loans (1) A province or a municipality may raise loans for capital or current expenditure in accordance with reasonable conditions determined by national legislation, but loans for current expenditure – (a) may be raised only when necessary for bridging purposes during a fiscal year; and (b) must be repaid within twelve months. (5) Before Parliament may approve or renew a decision to stop the transfer of funds to a province – (a) the Auditor-General must report to Parliament; and (b) the province must be given an opportunity to answer the allegations against it, and to state its case, before a committee. The Section states that “Everyone has the right to have access to adequate housing.”. Section 210 Powers, functions and monitoring National legislation must regulate the objects, powers and functions of the intelligence services, including any intelligence division of the defence force or police service, and must provide for – (a) the co-ordination of all intelligence services; and (b)civilian monitoring of the activities of those services by an inspector appointed by the President as head of the national executive, and approved by a resolution adopted by the National Assembly with a supporting vote of at least two thirds of its members. (2) The joint rules and orders must provide for the procedure for the reconsideration of a Bill by the National Assembly and the participation of the National Council of Provinces in the process. The National Party government has released prominent political prisoners, including Nelson Mandela; it has lifted the bans on the African National Congress (2) An Acting Premier has the responsibilities, powers and functions of the Premier. Section 20 states that “No citizen may be deprived of citizenship.”, Section 21 provides that “Everyone has the right to freedom of movement. (3) The President as head of the national executive, after consulting the Judicial Service Commission and the leaders of parties represented in the National Assembly, appoints the President and Deputy President of the Constitutional Court and, after consulting the Judicial Service Commission, appoints the Chief Justice and Deputy Chief Justice. If there is a conflict between a by-law and national or provincial legislation that is inoperative because of a conflict referred to in section 149, the by-law must be regarded as valid for as long as that legislation is inoperative. Section 146 Conflicts between national and provincial legislation (1) This section applies to a conflict between national legislation and provincial legislation falling within a functional area listed in Schedule 4. Section 113 Permanent delegates” rights in provincial legislatures A province’s permanent delegates to the National Council of Provinces may attend, and may speak in, their provincial legislature and its committees, but may not vote. Any person to be appointed to the Constitutional Court must also be a South African citizen. (b) Recognition in terms of paragraph (a) must be consistent with this section and the other provisions of the Constitution. The Chairperson presides over the election of the Deputy Chairpersons. To obtain a hardcopy, of these posters, please contact one of the following official: : Mr Kgosietsile Bareki. Section 218 Government guarantees (1) The national government, a provincial government or a municipality may guarantee a loan only if the guarantee complies with any conditions set out in national legislation. (2) The Public Protector has the additional powers and functions prescribed by national legislation. (3) The Auditor-General must be a woman or a man who is a South African citizen and a fit and proper person to hold that office. (2) National legislation referred to in section 44(2) prevails over provincial legislation in respect of matters within the functional areas listed in Schedule 5. Everyone has the right to leave the Republic.” Hence these provisions are applicable to all humans, while the following are limited to South African citizens. (3) Permanent delegates are appointed for a term that expires immediately before the first sitting of the provincial legislature after its next election. (7) In terms of its rules and orders, the National Council of Provinces may elect from among the delegates other presiding officers to assist the Chairperson and Deputy Chairpersons. (3) No person or organ of state may interfere with the functioning of the courts. Find out more about South Africa's first three constitutions and the historical circumstances in which they were written. Section 13 Slavery, servitude and forced labour No one may be subjected to slavery, servitude or forced labour. (3) The Supreme Court of Appeal may decide appeals in any matter. Section 83 The President The President – (a) is the Head of State and head of the national executive; (b) must uphold, defend and respect the Constitution as the supreme law of the Republic; and (c) promotes the unity of the nation and that which will advance the Republic. The Section also covers reproductive rights, although not extensively defined. Section and the public elected to represent the people under the age of years. 10 human dignity, equality, human dignity Everyone has the right to access to adequate Housing event. About education rights Every citizen has the right to a fair pension as regulated by.. The interpretation, protection or enforcement of the Premier Court of Appeal may decide appeals in matter. Centro de Información y Capacitación para Padres de 30 condados del Norte de!... 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