Section 33 Constitution of South Africa 1996

Preamble Section 1-6 [Chapter 1 – Founding provisions] Section 7-8 (Rights & Appilcation) Section 9 (Equality) Section 10-11 (Human Dignity & Life) Section 12 (Freedom and Security of the Person) Section 13-14 (Slavery, Servitude and Forced Labour & Privacy) Section 15 (Freedom of Religion, Belief and Opinion) Section 16 (Freedom of Expression) Section 17-18 (Assembly, Demonstration, Picket and Petition & Freedom of Association) Section 19 (Political Rights) Section 20-21 (Citizenship & Freedom of Movement and Residence) Section 22 (Freedom of Trade, Occupation and Profession) Section 23 (Labour Relations) Section 24 (Environment) Section 25 (Property) Section 26-27 (Housing & Health Care, Food Water and Social Security) Section 28 (Children) Section 29 (Education) Section 30 (Language and Culture) Section 31 (Cultural, Religious and Linguistic Communities) Section 32 (Access to Information) Section 33 (Just Administrative Action) Section 34 (Access to Courts) Section 35 (Arrested, Detained and Accused Persons) Section 36 (Limitation of Rights) Section 37 (States of Emergency) Section 38 (Enforcement of Rights) Section 39 (Interpretation of Bill of Rights) Section 40-41 [Chapter 3 – Co-operative government] Section 42-52 Section 53-63 Section 64-74 Section 75-82 Section 83-92 Section 93-102 [Chapter 1 – Founding provisions] Section 103 (Provinces) Section 104-114 Section 115-124 Section 125-132 Section 133-141 Section 142-145 (Provincial Constitutions) Section 146-150 (Conflicting Laws) Section 151-164 [Chapter 7 – Local Government] Section 165-172 Section 173-180 Section 181-194 [Chapter 9 – State institutions supporting constitutional democracy] Section 195-197 [Chapter 10 – Public Administration] Section 198-210 [Chapter 111 – Security Services] Section 211-212 [Chapter 12 – Traditional Leaders] Section 213-219 (General Financial Matters) Section 220-230 Section 231-243 (General Provisions) Schedule 1 – National Flag Schedule 1A – Geographical areas of provinces Schedule 2 – Oaths & Solemn Affirmations Schedule 3 – Election Procedures Schedule 4 – Functional Areas of Concurrent National and Provincial Legislative Competence Schedule 5 – Functional Areas of Exclusive Provincial Legislative Competence Schedule 6 – Transitional Arrangements Schedule 7 – Laws Repealed

Section 33 Constitution of South Africa 1996

Section 33 of the Constitution of South Africa 1996 (as amended) is about Just administrative action. It is under Chapter 2 of the Constitution. Chapter 2 is titled ‘Bill of Rights‘.

1. Everyone has the right to administrative action that is lawful, reasonable and procedurally fair.

2. Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons.

3. National legislation must be enacted to give effect to these rights, and must

a. provide for the review of administrative action by a court or, where appropriate, an independent and impartial tribunal;

b. impose a duty on the state to give effect to the rights in subsections (1) and (2); and

c. promote an efficient administration.

Section 32 Constitution of South Africa 1996

Section 32 of the Constitution of South Africa 1996 (as amended) is about Access to information. It is under Chapter 2 of the Constitution. Chapter 2 is titled ‘Bill of Rights‘.

1. Everyone has the right of access to

a. any information held by the state; and

b. any information that is held by another person and that is required for the exercise or protection of any rights.

2. National legislation must be enacted to give effect to this right, and may provide for reasonable measures to alleviate the administrative and financial burden on the state.

Section 31 Constitution of South Africa 1996

Section 31 of the Constitution of South Africa 1996 (as amended) is about Cultural, religious and linguistic communities. It is under Chapter 2 of the Constitution. Chapter 2 is titled ‘Bill of Rights‘.

1. Persons belonging to a cultural, religious or linguistic community may not be denied the right, with other members of that community

a. to enjoy their culture, practise their religion and use their language; and

b. to form, join and maintain cultural, religious and linguistic associations and other organs of civil society.

2. The rights in subsection (1) may not be exercised in a manner inconsistent with any provision of the Bill of Rights.

Section 30 Constitution of South Africa 1996

Section 30 of the Constitution of South Africa 1996 (as amended) is about Language and culture. It is under Chapter 2 of the Constitution. Chapter 2 is titled ‘Bill of Rights‘.

Everyone has the right to use the language and to participate in the cultural life of their choice, but no one exercising these rights may do so in a manner inconsistent with any provision of the Bill of Rights.

Section 29 Constitution of South Africa 1996

Section 29 of the Constitution of South Africa 1996 (as amended) is titled Education. It is under Chapter 2 of the Constitution. Chapter 2 is titled ‘Bill of Rights‘.

Everyone has the right

a. to a basic education, including adult basic education; and

b. to further education, which the state, through reasonable measures, must make progressively available and accessible.

Everyone has the right to receive education in the of ficial language or languages of their choice in public educational institutions where that education is reasonably practicable. In order to ensure the effective access to, and implementation of, this right, the state must consider all reasonable educational alternatives, including single medium institutions, taking into account

a. equity;

b. practicability; and

c. the need to redress the results of past racially discriminatory laws and practices.

Everyone has the right to establish and maintain, at their own expense, independent educational institutions that

a. do not discriminate on the basis of race;

b. are registered with the state; and

c. maintain standards that are not inferior to standards at comparable public educational institutions.

Subsection (3) does not preclude state subsidies for independent educational institutions.

Section 28 Constitution of South Africa 1996

Section 28 of the Constitution of South Africa 1996 (as amended) is titled Children. It is under Chapter 2 of the Constitution. Chapter 2 is titled ‘Bill of Rights ‘.

Every child has the right

a. to a name and a nationality from birth;

b. to family care or parental care, or to appropriate alternative care when removed from the family environment;

c. to basic nutrition, shelter, basic health care services and social services;

d. to be protected from maltreatment, neglect, abuse or degradation;

e. to be protected from exploitative labour practices;

f. not to be required or permitted to perform work or provide services that

i. are inappropriate for a person of that child’s age; or

ii. place at risk the child’s well-being, education, physical or mental health or spiritual, moral or social development;

g. not to be detained except as a measure of last resort, in which case, in addition to the rights a child enjoys under sections 12 and 35, the child may be detained only for the shortest appropriate period of time, and has the right to be

i. kept separately from detained persons over the age of 18 years; and

ii. treated in a manner, and kept in conditions, that take account of the child’s age;

h. to have a legal practitioner assigned to the child by the state, and at state expense, in civil proceedings affecting the child, if substantial injustice would otherwise result; and

i. not to be used directly in armed conflict, and to be protected in times of armed conflict.

A child’s best interests are of paramount importance in every matter concerning the child.
In this section “child” means a person under the age of 18 years.

Section 26-27 Constitution of South Africa 1996

Section 26 and 27 of the Constitution of South Africa 1996 (as amended) are titled Housing and Health care, food, water and social security, respectively. They are under Chapter 2 of the Constitution. Chapter 2 is titled ‘Bill of Rights‘.

Section 26 Constitution of South Africa 1996

Housing

1. Everyone has the right to have access to adequate housing.

2. The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right.

3. No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.

Section 27 Constitution of South Africa 1996

Health care, food, water and social security

1. Everyone has the right to have access to

a. health care services, including reproductive health care;

b. sufficient food and water; and

c. social security, including, if they are unable to support themselves and their dependants, appropriate social assistance.

2. The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights.

3. No one may be refused emergency medical treatment.

Section 25 Constitution of South Africa 1996

Section 25 of the Constitution of South Africa 1996 (as amended) is about Property. It is under Chapter 2 of the Constitution. Chapter 2 is titled ‘Bill of Rights‘.

1. No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.

2. Property may be expropriated only in terms of law of general application

a. for a public purpose or in the public interest; and

b. subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court.

3. The amount of the compensation and the time and manner of payment must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected, having regard to all relevant circumstances, including

a. the current use of the property;

b. the history of the acquisition and use of the property;

c. the market value of the property;

d. the extent of direct state investment and subsidy in the acquisition and beneficial capital improvement of the property; and

e. the purpose of the expropriation.

4. For the purposes of this section

a. the public interest includes the nation’s commitment to land reform, and to reforms to bring about equitable access to all South Africa’s natural resources; and

b. property is not limited to land.

5. The state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis.

6. A person or community whose tenure of land is legally insecure as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to tenure which is legally secure or to comparable redress.

7. A person or community dispossessed of property after 19 June 1913 as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to restitution of that property or to equitable redress.

8. No provision of this section may impede the state from taking legislative and other measures to achieve land, water and related reform, in order to redress the results of past racial discrimination, provided that any departure from the provisions of this section is in accordance with the provisions of section 36(1).

9. Parliament must enact the legislation referred to in subsection (6).

Section 24 Constitution of South Africa 1996

Section 24 of the Constitution of South Africa 1996 (as amended) is titled Environment. It is under Chapter 2 of the Constitution. Chapter 2 is titled ‘Bill of Rights‘.

Everyone has the right

a. to an environment that is not harmful to their health or well-being; and

b. to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that

i. prevent pollution and ecological degradation;

ii. promote conservation; and

iii. secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

Section 23 Constitution of South Africa 1996

Section 23 of the Constitution of South Africa 1996 (as amended) is about Labour relations. It is under Chapter 2 of the Constitution. Chapter 2 is titled ‘Bill of Rights‘.

1. Everyone has the right to fair labour practices.

2. Every worker has the right
a. to form and join a trade union;
b. to participate in the activities and programmes of a trade union; and
c. to strike.

3. Every employer has the right
a. to form and join an employers’ organisation; and
b. to participate in the activities and programmes of an employers’ organisation.

4. Every trade union and every employers’ organisation has the right
a. to determine its own administration, programmes and activities;
b. to organise; and
c. to form and join a federation.

5. Every trade union, employers’ organisation and employer has the right to engage in collective bargaining. National legislation may be enacted to regulate collective bargaining. To the extent that the legislation may limit a right in this Chapter, the limitation must comply with section 36(1).

6. National legislation may recognise union security arrangements contained in collective agreements. To the extent that the legislation may limit a right in this Chapter, the limitation must comply with section 36(1).

Section 22 Constitution of South Africa 1996