You do not need to be wealthy to approach a court. You can act on behalf of others, as part of a group, or in the public interest. The right to relief is b...
FreeChapter 2 — Bill of RightsConstitution of South Africa, 1996
The Constitutional Text
What Section 38 Says
Anyone listed in this section has the right to approach a competent court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief, including a declaration of rights. The persons who may approach a court are— (a) anyone acting in their own interest; (b) anyone acting on behalf of another person who cannot act in their own name; (c) anyone acting as a member of, or in the interest of, a group or class of persons; (d) anyone acting in the public interest; and (e) an association acting in the interest of its members.
What This Means for You
Plain-Language Explanation
Practical Significance
You do not need to be wealthy to approach a court. You can act on behalf of others, as part of a group, or in the public interest. The right to relief is broad.
Common Questions
Frequently Asked Questions
Do I need to be personally affected to approach the court?
No. Section 38 allows a person to act on behalf of another who cannot act for themselves, as a member of a group, or in the public interest. NGOs and public interest litigants regularly approach courts on behalf of vulnerable communities.
What relief can a court grant for a rights violation?
Any appropriate relief — including a declaration that a right has been violated, an interdict stopping the violation, an order compelling action, damages, constitutional damages, or a structural interdict requiring ongoing government compliance. Courts have wide powers under Section 38.
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.