Section 20-21 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Areas of Exclusive Provincial Legislative Competence Schedule 6 – Transitional Arrangements Schedule 7 – Laws Repealed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 20-21 Constitution of South Africa 1996

Section 20 and 21 of the Constitution of South Africa 1996 (as amended) are titled Citizenship and Freedom of movement and residence, respectively. They are under Chapter 2 of the Constitution. Chapter 2 is titled ‘Bill of Rights‘.

Section 20 Constitution of South Africa 1996

Citizenship

No citizen may be deprived of citizenship.

Section 21 Constitution of South Africa 1996

Freedom of movement and residence

1. Everyone has the right to freedom of movement.

2. Everyone has the right to leave the Republic.

3. Every citizen has the right to enter, to remain in and to reside anywhere in, the Republic.

4. Every citizen has the right to a passport.

Section 19 Constitution of South Africa 1996

Section 19 of the Constitution of South Africa 1996 (as amended) is about Political rights. It is under Chapter 2 of the Constitution. Chapter 2 is titled ‘Bill of Rights‘.

1. Every citizen is free to make political choices, which includes the right

a. to form a political party;

b. to participate in the activities of, or recruit members for, a political party; and

c. to campaign for a political party or cause.

2. Every citizen has the right to free, fair and regular elections for any legislative body established in terms of the Constitution.

3. Every adult citizen has the right

a. to vote in elections for any legislative body established in terms of the Constitution, and to do so in secret; and

b. to stand for public office and, if elected, to hold office.

Section 17-18 Constitution of South Africa 1996

Section 17 and 18 of the Constitution of South Africa 1996 (as amended) are titled Assembly, demonstration, picket and petition and Freedom of association, respectively. They are under Chapter 2 of the Constitution. Chapter 2 is titled ‘Bill of Rights‘.

Section 17 Constitution of South Africa 1996

Assembly, demonstration, picket and petition

Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions.

Section 18 Constitution of South Africa 1996

Freedom of association

Everyone has the right to freedom of association.

Section 16 Constitution of South Africa 1996

Section 16 of the Constitution of South Africa 1996 (as amended) is about Freedom of expression. It is under Chapter 2 of the Constitution. Chapter 2 is titled ‘Bill of Rights‘.

1. Everyone has the right to freedom of expression, which includes

a. freedom of the press and other media;

b. freedom to receive or impart information or ideas;

c. freedom of artistic creativity; and

d. academic freedom and freedom of scientific research.

2. The right in subsection (1) does not extend to

a. propaganda for war;

b. incitement of imminent violence; or

c. advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.

Section 15 Constitution of South Africa 1996

Section 15 of the Constitution of South Africa 1996 (as amended) is about Freedom of religion, belief and opinion. It is under Chapter 2 of the Constitution. Chapter 2 is titled ‘Bill of Rights‘.

1. Everyone has the right to freedom of conscience, religion, thought, belief and opinion.

2. Religious observances may be conducted at state or state-aided institutions, provided that

a. those observances follow rules made by the appropriate public authorities;

b. they are conducted on an equitable basis; and

c. attendance at them is free and voluntary.

3.a. This section does not prevent legislation recognising

i. marriages concluded under any tradition, or a system of religious, personal or family law; or

ii. systems of personal and family law under any tradition, or adhered to by persons professing a particular religion.

b. Recognition in terms of paragraph (a) must be consistent with this section and the other provisions of the Constitution.

Section 13-14 Constitution of South Africa 1996

Section 13 and 14 of the Constitution of South Africa 1996 (as amended) are about Slavery, servitude and forced labour and Privacy. They are under Chapter 2 of the Constitution. Chapter 2 is titled ‘Bill of Rights‘.

Section 13 Constitution of South Africa 1996

Slavery, servitude and forced labour

No one may be subjected to slavery, servitude or forced labour.

Section 14 Constitution of South Africa 1996

Privacy

Everyone has the right to privacy, which includes the right not to have

a. their person or home searched;

b. their property searched;

c. their possessions seized; or

d. the privacy of their communications infringed.

Section 12 Constitution of South Africa 1996

Section 12 of the Constitution of South Africa 1996 (as amended) is titled Freedom and security of the person. It is under Chapter 2 of the Constitution. Chapter 2 is titled ‘Bill of Rights‘.

1. Everyone has the right to freedom and security of the person, which includes the right

a. not to be deprived of freedom arbitrarily or without just cause;

b. not to be detained without trial;

c. to be free from all forms of violence from either public or private sources;

d. not to be tortured in any way; and

e. not to be treated or punished in a cruel, inhuman or degrading way.

2. Everyone has the right to bodily and psychological integrity, which includes the right

a. to make decisions concerning reproduction;

b. to security in and control over their body; and

c. not to be subjected to medical or scientific experiments without their informed consent.

Section 10-11 Constitution of South Africa 1996

Section 10 and 11 of the Constitution of South Africa 1996 (as amended) are about Human dignity and Life. They are under Chapter 2 of the Constitution. Chapter 2 is titled ‘Bill of Rights‘.

Section 10 Constitution of South Africa 1996

Human dignity

Everyone has inherent dignity and the right to have their dignity respected and protected.

Section 11 Constitution of South Africa 1996

Life

Everyone has the right to life.

Section 9 Constitution of South Africa 1996

Section 9 of the Constitution of South Africa 1996 (as amended) is about Equality. It is under Chapter 2 of the Constitution. Chapter 2 is titled ‘Bill of Rights‘.

1. Everyone is equal before the law and has the right to equal protection and benefit of the law.

2. Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.

3. The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.

4. No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3). National legislation must be enacted to prevent or prohibit unfair discrimination.

5. Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair.

Preamble to the Constitution of South Africa 1996

Section 7-8 Constitution of South Africa 1996

Section 7 and 8 of the Constitution of South Africa 1996 (as amended), among others, are under Chapter 2 of the Constitution. Chapter 2 is titled ‘Bill of Rights‘.

Section 7 Constitution of South Africa 1996

Rights

1. This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.

2. The state must respect, protect, promote and fulfil the rights in the Bill of Rights.

3. The rights in the Bill of Rights are subject to the limitations contained or referred to in section 36, or elsewhere in the Bill.

Section 8 Constitution of South Africa 1996

Application

The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state.
A provision of the Bill of Rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right.
When applying a provision of the Bill of Rights to a natural or juristic person in terms of subsection (2), a court

a. in order to give effect to a right in the Bill, must apply, or if necessary develop, the common law to the extent that legislation does not give effect to that right; and

b. may develop rules of the common law to limit the right, provided that the limitation is in accordance with section 36(1).

A juristic person is entitled to the rights in the Bill of Rights to the extent required by the nature of the rights and the nature of that juristic person.

Preamble to the Constitution of South Africa 1996