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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.
Khosa and Others v Minister of Social Development and Others, Mahlaule and Another v Minister of Social Development and Others is a decision of the Constitutional Court of South Africa which established that it is unconstitutional to exclude permanent residents from the social welfare system on the grounds that they lack South African citizenship.
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.
South Africa's post-apartheid Constitution was the first in the world to outlaw discrimination based on sexual orientation, and in 2006, South Africa was the fifth country in the world and the first in Africa to legalise same-sex marriage. Same-sex couples can also adopt children jointly, and also arrange IVF and surrogacy treatments. LGBTQ ...
Writing for the unanimous bench, Streicher agreed with the High Court that the prevailing free basic water allowance was insufficient to fulfil the state's obligations under section 27(1) of the Constitution. However, he held that 42 litres of water per day was "sufficient" water in terms of section 27(1).
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 ...
As confirmed by the Constitutional Court in Pharmaceutical Manufacturers Association: In re Ex Parte President, this provision, read with enabling provisions elsewhere in the Constitution, is the basis of a wide-ranging system of judicial review in South Africa. Section 7(1) additionally binds the state to respect and fulfil constitutional rights.
The Constitutional Court of South Africa is the supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the Interim Constitution of 1993, and its first session began in February 1995.