This Chapter does not preclude the existence of other rights or freedoms that may be recognised or conferred by law, to the extent that they are consistent with this Chapter. 11. Protection of fundamental human rights and freedoms and application of Chapter 3 (1) The fundamental human rights and freedoms enshrined in this Chapter must be respected and upheld by the executive, legislature and judiciary and all organs of the government and its agencies, including local government. (2) Where applicable, the fundamental human rights and freedoms enshrined in this Chapter must be respected and upheld by all natural and juristic persons. (3) Enforcement of the fundamental rights and freedoms enshrined in this Chapter will be in the manner prescribed in this Constitution. 12. Enforcement of rights (1) Anyone listed in subsection (2) is entitled 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 and award of compensation. 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, or in the interests, of a group or class of persons; (d) anyone acting in the public interest; (e) an association acting in the interest of its members. (2) (3) The persons referred to in subsection (1) and (2) of this section are also entitled to make an application to the Human Rights Commission for an appropriate redress for violations of the rights and freedoms contained in the Bill of Rights. 13. Limitation of rights (1) Parliament may not pass laws that derogate from or restrict or limit the following rights and no person or body may violate or limit or restrict these rights: (a) the right to life; (b) the right to freedom from torture; (c) the right not to be placed in slavery; (d) the right to human dignity; (e) the right to equality; (f) the right to freedom of conscience, belief, thought and religion; (g) the right to fair labour practices and standards. (2) Subject to subsection (1) of this section or any other provision of this Constitution, the rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation is reasonable, is recognised by international human rights standards and is necessary and justifiable in an open and democratic society. 22

Select target paragraph3

Add to table of contents