Section 38 Constitution of South Africa 1996
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.
See also:
Section 36 Constitution of South Africa 1996
Section 37 Constitution of South Africa 1996