Certain rights cannot be limited and these include the right to life (except in the cases of the death sentence), the right to human dignity, the right not to be tortured or subjected to cruel, inhuman or degrading punishment or treatment, the right not to be placed in slavery or servitude and the right to a fair trial. In addition to the general limitation clause, the Constitution allows for a law to provide for the limitation of rights in response to a public emergency. 5. Can the declaration of rights be changed? Yes. The Declaration of Rights is a part of the Constitution, and the Constitution can be changed. However, it is harder to change the Declaration of Rights as opposed to the provisions in the Constitution. Any changes to the Declaration of Rights will need to be submitted to a national referendum. 6. How are these constitutional rights enforced and promoted? The Constitution provides for a number of ways to ensure that the rights in Chapter 4 are enforced and promoted • The new Constitution creates the Constitutional Court primarily to deal with constitutional matters and its decisions bind all other courts. However, for the next seven years after the adoption of the new Constitution, the judges who constitute the Supreme Court will also sit to constitute the Constitutional Court. • If anyone thinks that their rights in terms of the Declaration of Rights are being violated or are likely to be, they may apply directly to the Constitutional Court for redress. The new Constitution also allows any person acting on behalf of another person who cannot go to court, any person acting in the interests of a group or class or persons, or acting in the public interest, or any association acting in its members’ interest to approach a court. The person who approaches the court must claim that a fundamental right or freedom of Chapter 4 is being or is likely to be infringed. The court may then grant appropriate relief. • A person may also ask the judge, magistrate or other presiding officer to refer to the Constitutional Court any question that arises about a possible violation of the Declaration of Rights. The judge or magistrate must comply with the request, unless he/she thinks the request is unfounded or designed to waste time. The Independent Commissions supporting democracy provided for in the 13