Section 34

Access to Courts

You have the right to go to court for any legal dispute. No person, institution, or community leader may forbid you from accessing courts or substitute the...

Free Chapter 2 — Bill of Rights Constitution of South Africa, 1996

The Constitutional Text

What Section 34 Says

Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum.

What This Means for You

Plain-Language Explanation

Practical Significance

You have the right to go to court for any legal dispute. No person, institution, or community leader may forbid you from accessing courts or substitute themselves as the final decision-maker.

Common Questions

Frequently Asked Questions

Does access to courts cost money?

Filing fees apply in most courts, but these can be waived for persons who cannot afford them (in forma pauperis). Legal Aid SA provides free legal representation in qualifying criminal and civil matters. The Equality Court, Small Claims Court (up to R20,000), and CCMA have no filing fees.

Can a community or religious tribunal replace a court?

No. Community disputes may be mediated by community structures, but their decisions are not legally binding unless confirmed by a court. No person can be stripped of the right to go to court by any community rule, religious authority, or contract.

Related Guides

Apply This Right

Practise Using Section 34 Out Loud

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.

Try Free — Identity & Dignity Domain

No credit card needed · Upgrade for all 17 domains