Advice Corner

10 Legal Rights Every South African Should Know Of

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

human rights

EQUALITY

You cannot be discriminated against. But affirmative action and fair discrimination are allowed

Everyone is equal before the law and may not be discriminated against.

FREEDOM AND SECURITY OF THE PERSON

You cannot be detained without trial, tortured or punished poorly. Domestic violence is not allowed.

You may not be physically detained without trial or abused in any way.

POLITICAL RIGHTS

You can support the political party of your choice. If you are citizen, and at least 18years old you can vote.

You may form a political party, run for office and vote for any party in free and fair elections.

PROPERTY

Your property can only be taken away from you if the proper rules are followed.

No-one may be deprived of property, except in terms of law of general application.

HEALTH CARE, FOOD, WATER AND SOCIAL SECURITY

The Government must make sure you have access to food and water, Health care and social security.

You have the right to health care, adequate food and water and social security.

 

EDUCATION

You have the right to basic education, including adult basic education, in your own language (if this is possible)

You have the right to a basic education in the official language of your choice.

CULTURAL, RELIGIOUS AND LINGUISTIC COMMUNITIES

Communities can enjoy their own culture; practice their own religion; and use their own language.

You have the right to form, join and maintain cultural, linguistic and religious grouping of your own choice.

ACCESS TO COURTS

You can have a legal problem decided by a court, or a similar structure.

You have the right to resolve legal disputes in a court or another impartial tribunal.

ARRESTED, DETAINED AND ACCUSED PERSONS

This right protects people who are arrested, imprisoned or accused.

When arrested, you have the right to remain silent, to be brought before a court within 48 hours and the right to legal representation.

CHILDREN

Children under the age of 18 have special rights, like the right not to be abused.

Every child has the right to a name, nationality and protection from abuse and exploitation.

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