Rights bind private individuals, not just the government. A parent, an employer, a community leader, or a church is also bound by rights that apply to priv...
FreeChapter 2 — Bill of RightsConstitution of South Africa, 1996
The Constitutional Text
What Section 8 Says
(1) The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state. (2) A provision of the Bill of Rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right. (3) When applying a provision of the Bill of Rights to a natural or juristic person in terms of subsection (2), a court in order to give effect to a right in the Bill, must apply, or if necessary develop, the common law to the extent that legislation does not give effect to that right.
What This Means for You
Plain-Language Explanation
Practical Significance
Rights bind private individuals, not just the government. A parent, an employer, a community leader, or a church is also bound by rights that apply to private persons.
Common Questions
Frequently Asked Questions
Do rights apply between private people — not just against the government?
Yes. Section 8(2) means private individuals and companies are also bound by the Bill of Rights where the nature of the right makes it applicable. For example, an employer (private company) must respect an employee's right to dignity and equality.
Can courts develop the common law to give effect to rights?
Yes. Section 8(3) requires courts to develop the common law when legislation does not fully give effect to a right. This means the Constitution is a living document that shapes all areas of law — even between private parties.
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.