Constitutional Law
Bill of Rights
The Bill of Rights is Chapter 2 of the South African Constitution — the supreme law that guarantees fundamental rights to every person in South Africa.
Legal Definition
A constitutionally entrenched catalogue of fundamental rights and freedoms that the state may not violate. It is binding on all branches of government and, in some cases, on private parties.
📖 Constitutional / Statutory Basis: Chapter 2, Sections 7–39 of the Constitution of the Republic of South Africa, 1996
Practical Example
When a landlord threatens to evict you without a court order, your Bill of Rights right to housing (s26) and access to courts (s34) protect you.
Frequently Asked Questions
Does the Bill of Rights apply to private individuals?
Yes. Section 8(2) extends some rights horizontally — meaning they also bind private persons like employers, landlords, and companies, not only the government.
Can my Bill of Rights be taken away by Parliament?
No. Parliament cannot pass a law that eliminates a constitutionally protected right. Any legislation inconsistent with the Bill of Rights is invalid.
Who enforces the Bill of Rights?
Any court can enforce it. The Constitutional Court is the apex court on constitutional matters and has final say.
Related Terms
Know the law. Know what to say.
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