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The claimant argued that the Ministry of Health infringed section 27(3) Constitution of South Africa by failing to distribute the free medicine nevirapine that could prevent mother-to-child transmission of HIV. The Court agreed, explaining that the reasonableness test guaranteed that those people with financial issues would not be excluded from ...
Section 21: freedom of movement, including the right to leave South Africa, the right of citizens to a passport and the right to enter South Africa. Section 22: the right to choose a trade, occupation or profession, although these may be regulated by law. Section 23: labour rights, including the right to unionise and the right to strike.
The National Health Insurance Act, 2023 (Act No. 20 of 2023) is an act of the Parliament of South Africa, which establishes a South African national health insurance system, commonly referred to as NHI, with the aim of "pooling public revenue in order to actively and strategically purchase health care services" and creating a "single framework throughout the Republic for the public funding and ...
South African constitutional law is the area of South African law relating to the interpretation and application of the Constitution of the Republic of South Africa by the country's courts. All laws of South Africa must conform with the Constitution; any laws inconsistent with the Constitution have no force or effect.
The most direct use of section 21 rights in constitutional litigation was in Geuking v President, wherein it was contended that section 21(3)'s right to "remain in" South Africa must be considered when the state assents to the extradition of a citizen under the Extradition Act 67, 1962; however, the court rejected that contention. [xvi]
The Republic of South Africa Constitution Bill was introduced in January 1961. It came into force on 31 May 1961; 31 May was a significant day in South African history, being both the day in 1902 on which the Treaty of Vereeniging was signed, ending the Second Anglo-Boer War, and the day in 1910 on which the Union of South Africa came into being.
The Interim Constitution of South Africa came into effect on 27 April 1994, the date of South Africa's first democratic elections. After an intensive negotiation process in the Constitutional Assembly and certification by the newly established Constitutional Court , the final Constitution of South Africa was passed in 1996 and came into force ...
The Constitution is usually cited as "Constitution of the Republic of South Africa, 1996," while the Interim Constitution is cited as "Constitution of the Republic of South Africa Act 200 of 1993." It is now generally agreed that the final Constitution of 1996 ought, in recognition of its supreme status, not to be cited with its statute number ...