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Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)

Chapter 2 - Bill of Rights

8. Application

 

 

1) The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state.

 

2) 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.

 

3) 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).

 

4) 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.