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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 respondents based their claim on two constitutional provisions: section 26 of the Constitution, which provides that everyone has the right of access to adequate housing, thereby imposing an obligation on the State to take reasonable legislative and other measures to ensure the progressive realisation of this right within its available resources; and
The court found that it should balance the rights of property owners under the Constitution [27] with those of indigents and occupiers, [28] and ruled that the landowners' right to equality [29] would be infringed if the state were to burden them with providing alternative accommodation without compensation. The obligation to provide access was ...
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.
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.
In South Africa, section 26 of Chapter Two of the Constitution establishes that "everyone has the right to have access to adequate housing". The Department of Human Settlements is tasked with implementing this mandate.
The Constitution of 1983 (formally the Republic of South Africa Constitution Act, 1983) was South Africa's third constitution.It replaced the republican constitution that had been adopted when South Africa became a republic in 1961 and was in force for ten years before it was superseded by the Interim Constitution on 27 April 1994, which in turn led to the current Constitution of South Africa ...
South Africa's nine provinces each produce a number of statutes a year, in areas for which they have either concurrent, or exclusive, legislative competence under section 104 of the Constitution of the Republic of South Africa Act, 1996. (See Schedule 4 of the Constitution for a list of the functions areas in respect of which a province may ...