Rights can only be limited by a law of general application that is proportionate and necessary in a democratic society. A community rule, a family traditio...
FreeChapter 2 — Bill of RightsConstitution of South Africa, 1996
The Constitutional Text
What Section 36 Says
(1) The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including— (a) the nature of the right; (b) the importance of the purpose of the limitation; (c) the nature and extent of the limitation; (d) the relation between the limitation and its purpose; and (e) less restrictive means to achieve the purpose. (2) Except as provided in subsection (1) or in any other provision of the Constitution, no law may limit any right entrenched in the Bill of Rights.
What This Means for You
Plain-Language Explanation
Practical Significance
Rights can only be limited by a law of general application that is proportionate and necessary in a democratic society. A community rule, a family tradition, or a private policy cannot limit constitutional rights. Only laws passed by Parliament can, and only within these strict criteria.
Common Questions
Frequently Asked Questions
Can any law limit a constitutional right?
Only a law of general application — meaning a law passed by Parliament that applies to everyone equally, not a private policy, community rule, or official decree. Even then, the limitation must be proportionate and necessary in a democratic society. Courts apply a strict proportionality test.
Can rights be limited during a state of emergency?
Some rights can be suspended during a constitutionally declared state of emergency under Section 37 — but only to the extent strictly required by the emergency, and certain rights (like the right not to be tortured and the right to equality) can never be suspended.
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.