The state — which includes government departments, schools, courts, and local municipalities — has an active duty to protect your rights. It cannot be pass...
FreeChapter 2 — Bill of RightsConstitution of South Africa, 1996
The Constitutional Text
What Section 7 Says
(1) This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. (2) The state must respect, protect, promote and fulfil the rights in the Bill of Rights. (3) The rights in the Bill of Rights are subject to the limitations contained or referred to in section 36, or elsewhere in the Bill.
What This Means for You
Plain-Language Explanation
Practical Significance
The state — which includes government departments, schools, courts, and local municipalities — has an active duty to protect your rights. It cannot be passive.
Common Questions
Frequently Asked Questions
Who is bound by the Bill of Rights?
Every organ of state — including government departments, municipalities, courts, schools, and police — is bound by all rights. Private individuals and companies are also bound where the nature of the right permits it (Section 8(2)).
Can rights be taken away?
No right can be taken away entirely. Rights may only be limited by a law of general application that is proportionate and necessary in a democratic society — and only within the strict criteria of Section 36. No person, family tradition, or community rule can limit a constitutional right.
Knowing the right is step one. The Advocate trains you to use it — 149 real South African scenarios with exact rebuttals, law references, and Scripture. Free to start.