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As a discipline, the law of persons forms part of South Africa's positive law, or the norms and rules which order the conduct or misconduct of the citizens. [3] [4] Objective law is distinguished from law in the subjective sense, which is 'a network of legal relationships and messes among legal subjects', [5] and which deals with rights, [6] [7] or 'the claim that a legal subject has on a ...
In South Africa, personality rights are protected under the South African law of delict and the Bill of Rights, which also provides for freedom of expression and freedom of association. [24] After much uncertainty concerning the recognition of image rights in South Africa , the Supreme Court of Appeal provided clarity in the landmark case of ...
Chapter 2 is a bill of rights which enumerates the civil, political, economic, social and cultural human rights of the people of South Africa. Most of these rights apply to anyone in the country, with the exception of the right to vote, the right to work and the right to enter the country, which apply only to citizens.
Khumalo and Others v Holomisa is a landmark decision in the South African law of delict.It was decided by the Constitutional Court of South Africa on 21 May 2002. Handing down judgment for a unanimous court, Justice Kate O'Regan held that the existing common law of defamation is consistent with the Bill of Rights.
For example, France, South Africa and England have an all-embracing law that protects an individual's interest concerning physical integrity, feelings, dignity and privacy and identity. [19] However, in addition to substantial protection to personality through privacy, the Netherlands and Austria also recognise a general right to personality. [20]
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 floodplains of the Luvuvhu River and the Limpopo River.. South African property law regulates the "rights of people in or over certain objects or things." [1] It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. [2]
Human rights in South Africa are protected under the constitution. The 1998 Human Rights report by Myles Nadioo noted that the government generally respected the rights of the citizens; however, there were concerns over the use of force by law enforcement, legal proceedings and discrimination. [ 1 ]