South African Constitution: sections referred to in Draft AI Policy
ChatGPT summary
Section 9 – Equality
* Everyone is equal before the law and entitled to equal protection and benefit of the law.
* Equality includes full and equal enjoyment of all rights.
* Measures to advance previously disadvantaged groups are permitted.
* The state may not unfairly discriminate directly or indirectly on grounds including race, gender, sex, pregnancy, marital status, ethnic/social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, and birth.
* No person may unfairly discriminate.
Section 10 – Human Dignity
* Everyone has inherent dignity and the right to have their dignity respected and protected.
Section 12 – Freedom and Security of the Person
* Right not to be deprived of freedom arbitrarily or without just cause.
* Not to be detained without trial.
* To be free from violence, torture, cruel, inhuman or degrading treatment.
* Bodily and psychological integrity, including reproductive decisions and informed consent to medical/scientific experiments.
Section 14 – Privacy
* Right to privacy, including protection against searches of person, home, property, seizure of possessions, and interference with communications.
Section 15 – Freedom of Religion, Belief and Opinion
* Everyone has freedom of conscience, religion, thought, belief and opinion.
* Religious observances at state institutions may occur if equitable and voluntary.
Section 16 – Freedom of Expression
* Includes freedom of the press, receiving or imparting information, artistic creativity, academic freedom, and scientific research.
* Does not protect propaganda for war, incitement of imminent violence, or hate speech advocating hatred based on race, ethnicity, gender, or religion that incites harm.
Section 17 – Assembly, Demonstration, Picket and Petition
* Everyone has the right, peacefully and unarmed, to assemble, demonstrate, picket, and present petitions.
Section 18 – Freedom of Association
* Everyone has the right to freedom of association.
Section 19 – Political Rights
* Every citizen may make political choices, form or join political parties, campaign, and vote in free and fair elections.
* Every adult citizen may stand for public office if elected.
Section 21 – Freedom of Movement and Residence
* Everyone lawfully in South Africa may move freely and reside anywhere in the Republic.
* Every citizen may enter, remain in, and leave South Africa.
Section 22 – Freedom of Trade, Occupation and Profession
* Every citizen may choose their trade, occupation or profession freely, subject to regulation by law.
Section 23 – Labour Relations
* Everyone has the right to fair labour practices.
* Workers may form/join trade unions, strike, and bargain collectively.
* Employers may form/join employer organisations.
Section 24 – Environment
* Everyone has the right to an environment not harmful to health or wellbeing.
* Environment must be protected for present and future generations through reasonable legislative measures.
Section 27 – Health Care, Food, Water and Social Security
* Everyone has access to health care services, sufficient food and water, and social security.
* The state must take reasonable measures, within available resources, to progressively realise these rights.
* No one may be refused emergency medical treatment.
Section 28 – Children
* Every child has rights to name, nationality, family care, shelter, protection from abuse, exploitative labour, detention only as last resort, legal representation, and that the child’s best interests are paramount.
Section 29 – Education
* Everyone has the right to basic education, including adult basic education.
* Further education must be made progressively available and accessible.
* Right to receive education in official language(s) where reasonably practicable.
Section 30 – Language and Culture
* Everyone may use the language and participate in the cultural life of their choice, consistent with the Bill of Rights.
Section 31 – Cultural, Religious and Linguistic Communities
* Persons belonging to such communities may enjoy their culture, practise religion, and use language with others in that community, consistent with the Bill of Rights.
Section 32 – Access to Information
* Everyone has the right of access to information held by the state, and information held by others required for the exercise or protection of rights.
Section 33 – Just Administrative Action
* Everyone has the right to lawful, reasonable and procedurally fair administrative action.
* Written reasons must be given when rights are adversely affected.
Section 35 – Arrested, Detained and Accused Persons
Includes rights:
* To remain silent.
* To be informed promptly of reasons for arrest.
* To choose and consult a lawyer.
* To be brought before court within 48 hours.
* To challenge detention.
* To humane detention conditions.
* To a fair trial, presumed innocent, adduce evidence, cross-examine witnesses, interpreter, appeal, and not self-incriminate.
* Illegally obtained evidence may be excluded if admission would render trial unfair or harm justice.
Also these sections noted in passing:
Section 11 – Life
* Everyone has the right to life.
Section 13 – Slavery, Servitude and Forced Labour
* No one may be subjected to slavery, servitude or forced labour.
Section 20 – Citizenship
* No citizen may be deprived of citizenship.
Section 25 – Property
* No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.
* Property may be expropriated only:
* for a public purpose or in the public interest; and
* subject to compensation, the amount and timing of which must be just and equitable, reflecting an equitable balance between public interest and those affected.
* Public interest includes land reform and equitable access to natural resources.
* The state must take reasonable measures to foster conditions enabling citizens to gain access to land on an equitable basis.
* Persons dispossessed of property after 19 June 1913 because of racially discriminatory laws or practices are entitled to restitution or equitable redress, as provided by law.
* No provision of this section may impede land, water or related reform measures aimed at redressing past racial discrimination, provided such measures comply with the Constitution.
Section 26 – Housing
* Everyone has the right to have access to adequate housing.
* The state must take reasonable legislative and other measures, within available resources, to progressively realise this right.
* No one may be evicted from their home or have their home demolished without an order of court made after considering all relevant circumstances.
* No law may permit arbitrary evictions.
Section 34 – Access to Courts
* Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court, or where appropriate, another independent and impartial tribunal or forum.