The Bill of Rights is the cornerstone of South Africa’s democracy. It enshrines the rights of all people in South Africa and affirms the democratic values of human dignity, equality and freedom.
While every person is entitled to these rights, they also have a responsibility to respect these rights.
The Bill of Rights binds the legislature, the executive, judiciary and all organs of state.
The rights contained in the Bill of Rights are subject to the limitations contained in or referred to in Section 36 of the Constitution, or elsewhere in the Bill of Rights.
They apply to all laws, administrative decisions taken and acts performed during the period in which the Constitution is in force. In terms of the Constitution, every person has basic human rights such as:
- equality before the law and equal protection and benefit of the law
- freedom from unfair discrimination
- the right to life
- the right to human dignity
- the right to freedom and security of the person.
Since 1994, and in keeping with the promotion of a human-rights culture, the focus is progressively shifting from an adversarial and retributive criminal justice system to that of a restorative justice system.
The Service Charter for Victims of Crime seeks to consolidate the present legal framework in South Africa relating to the rights of and services provided to victims of crime, and to eliminate secondary victimisation in the criminal justice process.
The ultimate goal is victim empowerment by meeting victims’ material or emotional needs.
Source: South Africa Yearbook 2011/12
Editor: D Burger. Government Communication and Information System
