No one — including a spouse, parent, or employer — may lawfully prevent you from moving, leaving a home, or obtaining a passport.
FreeChapter 2 — Bill of RightsConstitution of South Africa, 1996
The Constitutional Text
What Section 21 Says
(1) Everyone has the right to freedom of movement. (2) Everyone has the right to leave the Republic. (3) Every citizen has the right to enter, to remain in and to reside anywhere in, the Republic. (4) Every citizen has the right to a passport.
What This Means for You
Plain-Language Explanation
Practical Significance
No one — including a spouse, parent, or employer — may lawfully prevent you from moving, leaving a home, or obtaining a passport.
Common Questions
Frequently Asked Questions
Can a spouse prevent me from leaving the home or the country?
No. Section 21 gives everyone the right to freedom of movement, and every citizen the right to leave the Republic. Preventing someone from leaving a home or country is a constitutional violation and, if done by an intimate partner, constitutes domestic violence under the DVA. You can get a protection order.
Can Home Affairs refuse to issue me a passport?
Only in limited circumstances prescribed by law — such as an outstanding warrant or court order. A refusal must comply with PAJA: it must be lawful, reasonable, and procedurally fair. You are entitled to written reasons and can appeal.
The Advocate gives you 149 real South African scenarios — with exact rebuttals grounded in the Constitution, statute law, and Scripture. Know your rights. Know your word.