The Constitution of the Republic of South Africa and how it protects human rights
01 Mar 2022
The supreme law of the country
In a constitutional democracy such as the Republic of South Africa, constitutional supremacy is of the utmost importance. This in essence means that the Constitution is the supreme law of the land. The effect of constitutional supremacy is that all other legislation (laws) and actions by government and the judicial system are subject to the provisions contained within the Constitution. This article specifically deals with how the Constitution of the Republic of South Africa safeguards human rights.
Human rights
Human rights are the fundamental rights and freedoms that belong to every person within the Republic of South Africa. These rights are the core values that ensure equality and human dignity. The Constitution of the Republic of South Africa makes provision for the protection of human rights in Chapter 2 and is commonly referred to as the Bill of Rights. Some of these important rights are:
The right to equality
No person or institution has the right to discriminate against any person based on their race, gender, sex, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, language or birth among others.
The right to human dignity
This means that every person has the right to be treated with honour and respect.
The right to life
This means that every person has the right to life and that no person or entity (not even the state) has the right to take life.
The above is just to name a few of the fundamental human rights contained in the Constitution.
Why is the Constitution so important?
The Constitution of the Republic of South Africa ensures that the rule of law (meaning that no one is above the law) is maintained and provides for the separation of powers. The separation of powers means that the powers regulating our constitutional democracy are separated into 3 different bodies namely:
The legislative authority
This authority is responsible for drafting new laws and legislation.
The executive authority
Responsible for ensuring that the laws of our country are executed and brought into effect.
The judicial authority (the courts of South Africa)
Ensuring that the laws of the country are conformed to by everyone and that the country’s laws are not in contra version of the Constitution.
Constitutional supremacy, separation of powers and upholding the rule of law protects individual’s rights, in that it ensures that parliament cannot pass laws which are in contra version of the Constitution. No person or entity (including the president and all members of parliament) can act in contra version of the Constitution and the courts and government have to ensure that everything that they do in performing their rights and responsibilities are in line with the Constitution.
The South African Human Rights Commission
The South African Human Rights Commission is the national institution established to support constitutional democracy. The Commission was inaugurated on 2 October 1995 and was established to protect, promote and develop human rights in the Republic of South Africa.
In conclusion
It is essential to protect our constitutional democracy and the human rights of all people within the Republic of South Africa, as it establishes a society based on democratic values, social justice and fundamental human rights.
“To deny people their human rights is to challenge their very humanity” – Nelson Mandela
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Article sourced from Legal&Tax.
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(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)
Michael Visser
Michael Visser is a legal advisor at Legal&Tax. He has a Bachelor of Commerce (B.Com.) Law and LLB from The University of Pretoria. Read more about Michael Visser
