Constitutional Law
Freedom of Movement
Section 21 of the Constitution gives everyone the right to freedom of movement, to reside anywhere in South Africa, and to enter and leave the country freely.
Legal Definition
Section 21 provides: (1) everyone has the right to freedom of movement; (2) everyone has the right to leave South Africa; (3) every citizen has the right to enter, remain in, and reside anywhere in South Africa; (4) every citizen has the right to a passport.
📖 Constitutional / Statutory Basis: Section 21, Constitution of the Republic of South Africa, 1996
Practical Example
A citizen's passport application is refused without reason. Under s21(4), every citizen has the right to a passport. The refusal can be challenged under s21 and PAJA.
Frequently Asked Questions
Can I be restricted from travelling within South Africa?
Generally no — s21(1) protects domestic freedom of movement. Restrictions are only permissible under valid law meeting the s36 limitation test.
Does a non-citizen have freedom of movement?
The right to enter and remain in South Africa belongs to citizens only. Non-citizens are subject to immigration law but retain the right to freedom of movement within the country once lawfully present.
Can courts restrict movement?
Yes — bail conditions can include area restrictions, and courts can order prohibition from leaving the country (surrender of passport).
Related Terms
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