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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.
Moreover, section 25(4) provides that "the nation's commitment to land reform, and to reforms to bring about equitable access to all South Africa's natural resources" is an element of the "public interest" as deployed in sections 25(2) and 25(3).
The new constitution explicitly protects the right to property, including land, in section 25(1), under the Bill of Rights. Section 25(2) and (3) states how property can be regulated and expropriated, with limited compensation from people who were dispossessed after 1913 by racial discrimination.
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.
Section 39(2) of the Constitution of South Africa provides that, "When interpreting any legislation... every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights." Section 39(2) has far-reaching implications for statutory interpretation, especially in the context of constitutional litigation. [32]
Act to amend the Constitution of the Republic of South Africa, 1996, so as to further define the role of the Chief Justice as the head of the judiciary; to provide for a single High Court of South Africa; to provide that the Constitutional Court is the highest court in all matters; to further regulate the jurisdiction of the Constitutional Court and the Supreme Court of Appeal; to provide for ...
The ANC's proposed amendment of section 25 of the constitution of South Africa which failed in the Parliament of South Africa, by a vote of 204 MPs in favour, 145 MPs against and 0 abstentions. [64] The bill required a two-thirds majority.
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 ...