Section 38 Constitution of South Africa 1996
Section 38 of the Constitution of South Africa 1996 (as amended) is about Enforcement of rights. It is under Chapter 2 of the Constitution. Chapter 2 is titled ‘Bill of Rights‘.
Anyone listed in this section has the right 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. 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 of, or in the interest of, a group or class of persons;
d. anyone acting in the public interest; and
e. an association acting in the interest of its members.