Bill of Rights (South Africa)

Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa. The rights in the Bill apply to all law, including the common law, and bind all branches of the government, including the national executive, Parliament, the judiciary, provincial governments and municipal councils. Some provisions, such as those prohibiting unfair discrimination, also apply to the actions of private persons.

South Africa's first bill of rights was contained in Chapter 3 of the transitional Constitution of 1993, which was drawn up as part of the negotiations to end apartheid. This "interim Bill of Rights", which came into force on 27 April 1994 (the date of the first non-racial election), was largely limited to civil and political rights (negative rights). The current Bill of Rights, which replaced it on 4 February 1997 (the commencement date of the final Constitution), retained all of these rights and added a number of new positive economic, social and cultural rights.

The extent of the jurisdiction and application of the Bill of Rights (Tswana: molaotlhomo wa ditshwanelo; Sotho: bili ya ditokelo; Northern Sotho: molao wa ditokelo; Afrikaans: handves van regte; Zulu: umqulu wamalungelo; Southern Ndebele: ivikelamalungelo; Xhosa: usomqulu wamalungelo; Swazi: umculu wemalungelo; Venda: mulayo wa pfanelo dza vhathu; Tsonga: nxaxamelo wa timfanelo) is defined by sections seven and eight, entitled "Rights" and "Application" respectively. Section seven provides that the rights apply to "all people in our country" (although certain rights are limited to citizens) and requires the state (by which is meant government at all levels) to "respect, protect, promote and fulfil" the Bill of Rights. It also notes that the rights in the Bill are subject to the limitations provided for in section thirty-six and elsewhere in the Bill; see Limitations below.

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