How the Bill of Rights works The Bill of Rights has to be followed by government, all the people and organisations in South Africa. 7. It enshrines the rights of all people in the country and affirms the democratic values of human dignity, equality and freedom. The Bill of Rights is at the centre of constitutional reform in South Africa. South Africa. The South African Bill of Rights gives full effect to this principle by delineating a broad array of social, economic and cultural rights4. REPUBLIC OF SOUTH AFRICA CUSTOMARY INITIATION BILL _____ (MINISTER OF CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS) [B — 2017] (As introduced in the National Assembly as a section 76 Bill; Bill published in Government Gazette No. South Africa in the future. Bill of Rights overrides ordinary law and conduct inconsistent with it. The Constitution ensures that all these rights may be enforced by the courts.5 Moreover, the Constitution has also created Section 39 reads: When interpreting the Bill of Rights, a court, tribunal or forum— Stell. In particular section 28(2) provides that, “ A child’s best interests are of paramount … 2, pp. South African Journal on Human Rights: Vol. (2013). indirect impact on health law and policy-making in South Africa. The Role of International Law in Interpreting the Bill of Rights. (1) This Bill of Rights is a cornerstone of democracy in South Africa. The Bill of Rights remains an active force in contemporary American life as a major element of Constitutional law. Understanding the “spirit, purport and objects” of South Africa’s Bill of Rights Dr Fareed Moosa* 1 Introduction Under s 39(2) of the Constitution of the Republic of South Africa, 1996 (Constitution), “[w]hen interpreting any legislation …,1 every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights” (Bill). It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. It has also been the source of the majority of the groundbreaking rulings the Constitutional Court has handed down. Stell. This This Bill of Rights is a cornerstone of democracy in South Africa. call itself a democracy because everyone who was a citizen of South Africa could vote in the elections. rights.s The South African Constitution6 has broken new ground in a range of socio-economic rights. It put a limit on what any government could be doing or controlling. South Africa’s Constitution is admired all over the world, especially Chapter 2 – the Bill of Rights, which guarantees our freedom. 5. (2) The state must respect, protect, promote and fulfil the rights in the Bill of Rights. by its explicit and unequivocal protection of these rights.7 However. In the South African Constitution, a general limitation clause, section 36, sets out specific criteria for the restriction of the fundamental rights in the Bill of Rights. The Bill of Rights expressly prohibits unfair discrimination on the basis of disability; however the Constitutional Court has not yet addressed the meaning or scope of disability equality. L.R Pg 63 (ii) Du Plessis L M and De Ville JR Bill of Rights Interpretation in the South African Context (2) Prognostic Observations. The Bill of Rights sets out the fundamental rights of all South Africans, including the right to dignity and the right to equality. The Bill of Rights also states when rights may be limited. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. You can use the Bill of Rights to stop government, individuals and 7. … the challenge lies in translating these constitutional rights into tangible realities for the people of South Africa. The article also analyzes, the extent, if any, to which the courts in South Africa may be said to have utilized international law when interpreting the bill of rights. South African Journal on Human Rights Founded in 1985 by the Centre for Applied Legal Studies (CALS) and housed at the School of Law, University of Witwatersrand, Johannesburg, the SAJHR is the leading South African public law journal, publishing scholarship of the highest standard for … Constitution provided for a Constitutional Court, 9 . 13 Clearly the influences of foreign jurisprudence on the development of a South African approach to constitutional interpretation will be strong. justifiable bill of rights must of necessity influence the process and theory of interpretation” This is the nutshell of the situation before the 1994 constitution and how the change from parliamentary sovereignty to constitutional supremacy will obviously need to lead to change to the whole interpretation process. The bill of rights became the first major section in the new constitution, following the preamble (and founding provisions). See J Kentridge & D Spitz 'Interpretation' in M Chaskalson et al (eds) Constitutional Law of South Africa … The terms of section 39 of chapter 2 of the current South African Constitution, 91 which took effect 92 in 1997 following extensive discussions and public consultations by the Constitutional Assembly, are quite similar to section 35(1) of the interim constitution. court to protect your rights. 13 Clearly the influences of foreign jurisprudence on the development of a South African approach to constitutional interpretation will be strong. Equality: All people are equal and must be treated equally. … (2) The state must respect, protect, promote and fulfil the rights in the Bill of Rights. the South African approach to the interpretation of legislation should reasonably commence ... reasonable interpretation that does not conflict with the Bill of Rights, such interpretation must be followed. '11 But also like dignity, the rule of law (or at least its included principle of legality12) has achieved OS 02-05, ch11-p3 a dual status in South African constitutional law, serving not just as a pervasive value informing the interpretation of various constitutional clauses but also as a self- All legal disciplines have been influenced by these fundamental rights, and a human-rights culture and … The meaning of its protections remains hotly debated. 3. Interpretation of the intent of the Constitution and the Bill of Rights began with a Supreme Court case that, interestingly, involved James Madison, who was then secretary of state. 351-375. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. Summary of the Bill of Rights. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. In the South African Constitution, a general limitation clause, section 36, sets out specific criteria for the restriction of the fundamental rights in the Bill of Rights. as domestic law within South Africa. The moment the decision goes beyond the lexical meaning of the The rest of the Constitution is then largely devoted to creating arms interpretation of many, possibly all, other rights. the challenge lies in translating these constitutional rights into tangible realities for the people of South Africa. It reads as follows: 1. South Africa and International Human Rights Law 5.1 The influence of international human rights law on the Bill of Rights 5.2 Interpreting human rights in South Africa 5.3 Becoming a party to human rights treaties 5.4 Giving effect to international law in South Africa 5.5 International conferences and programmes of action 6. According to Dugard (1988) there is a negative attitude towards human rights among blacks.5 Whilst Corder (Van der Westhuizen and Viljoen ... interpretation of the bill of rights and the constitution. The rights contained therein form the cornerstone of South African democracy and, as such, they reaffirm the democratic values of human dignity, equality and freedom. creativity' is the cornerstone of any interpretation of the South African Bill of Rights which aims at being a value-coherent and purposive interpretation, as opposed to an otherwise unjust and formal interpretation. 7. Before we explore this right in greater detail, it is helpful to understand the nature of the South African Constitution and some important principles of constitutional law. South Africa's first bill of rights was contained in Chapter 3 of the transitional Constitution of 1993, which was drawn up as part of the negotiations to end apartheid. This section 7(2) of the South African Constitution indeed, and in so many words, also requires, but then proceeds to instruct the state also to promote and fulfil (all) the rights in the Bill of Rights, including religious and related rights. 1. Furthermore, this bill is enshrined in the constitution. The Bill of Rights consists of the 1st ten amendments to the U.S. Constitution. As legal guarantees, these rights have the potential to address the socio-economic hardship experienced by many South Africans today. Bill of Rights for South Africa' different views regarding the attitudes of blacks were raised. The South African Constitution [2], in section 28, provides specific rights for children in addition to the range of general rights that they enjoy under the provisions of the Bill of Rights. by its explicit and unequivocal protection of these rights.7 However. This paper will look at three leading court cases bearing on the constitutional status of international law: • S v Makwanyane on the interpretation of section 35 of the 1993 Constitution pertaining to the role of international human rights law in the interpretation of the Bill of Rights. In terms of section 39(1)(b), South African courts are obliged to consider international law when interpreting provisions under the Bill of Rights.2 The international law referred to under this section includes customary international law and international agreements to which South Africa is a party, whether It enshrines the rights of all people in South Africa (including the judiciary) and affirms the democratic values of human dignity, equality and freedom. Chapter of the Constitution, which is 2 commonly referred to as the Bill of Rights, guarantees certain rights to various persons in South Africa. (2) The state must respect, protect, promote and fulfil the rights in the Bill of Rights. 5. THE CONSTITUTION The Constitution is the supreme law of South Africa.

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