Sections of the Constitution

Question 1

What does section 8(1) state?

Answer 1

That the BOR applies to all law, binds the branches of government and all organs of state

Question 2

What does section 9(1) state?

Answer 2

Everyone is equal before the law and has the right to equal protection and benefits of the law

Question 3

What does section 9(3) and (4) state?

Answer 3

(3) The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds pertaining to various markers of identity - **know examples listed
(4) No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3).

Question 4

What does section 8(2) state?

Answer 4

A provision of the BOR binds natural or 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

Question 5

What does section 8(4) state?

Answer 5

A juristic person is entitled to the rights in the BOR to the extent required by:
- The nature of the rights and
- The nature of that juristic person

Question 6

What does section 7 about the overall mandate of the BOR?

Answer 6

(2) State must respect, promote and fulfill the rights in BOR
(3) Rights in BOR are subject to limitations contained in section 36 or elsewhere in the BOR

Question 7

What does section 36 refer to and what is stipulated by subsection (1) of the section?

Answer 7

Limitation of Rights
(1) Rights in BOR may be limited in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society