Sections Flashcards
Section 38(a)
Anyone acting in their own interest
Section 38(b)
Anyone acting on behalf of another person who cannot act in theiir own name
Section 38(c)
Anyone acting as a member of, or in the interest of, a group or class of persons
Section 38(d)
Anyone acting in the public interest
Section 38(e)
An associate acting in the interest of its member
Section 31(1)(b)
Courts must consider international law particularly
1) International Human Rights Treaties
2) Customary Law
Section 39(2)
Requires that when interpreting any legislation or developing common law or customary law, court must promote the spirit, purport and object of BoR
Citizens
Section 19,20,21(3)
Adult Citizens
Section 19(3)
Employees and Employers
Section 23
Children
Section 28
Arrested, Detained and accused persons
Section 35
Section 8(4)
No person may unfairly discriminate directly or indirectly against anyone on one or more groundsin terms of (3). National legislation must bee enacted to prevent or prohibit unfair discrimination
Section 239
Defines organs of state
Section 7(2)
Section 8(2)
A provision binds a natural or a juristic person and to the extent that, it is applicable, taking into account the nature of any duty imposed by the right
Section 8(1)
The Bill of Rights applies to all law and binds the legislature, the executive, the judiciary and all organs of state
Section 36(1)
Section 36(2)
Except as provided in (1) or in any other provision of the Constitution, no law may limitany right entrenched in the Bill of Rights
Section 9(2)
Equality includes the full and equal enjoyment of all rights and freedoms.
