MISA

Freedom is a constitutional right

Each South African has a constitutional right to freedom. We look at the areas where freedom is mentioned in the South African Bill of Rights.

The Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity. The concept of freedom is mentioned in the Bill of Rights a number of times:

Freedom and security of the person:

Everyone has the right to freedom and security of the person, which includes the right -

Not to be deprived of freedom arbitrarily or without just cause;
Not to be detained without trial;
To be free from all forms of violence from either public or private sources;
Not to be tortured in any way; and
Not to be treated or punished in a cruel, inhuman or degrading way.

Everyone has the right to bodily and psychological integrity, which includes the right 

To make decisions concerning reproduction;
To security in and control over their body; and
Not to be subjected to medical or scientific experiments without their informed consent.

(Freedom of) Slavery, servitude and forced labour
No one may be subjected to slavery, servitude or forced labour.

(The Freedom of) Privacy
Everyone has the right to privacy, which includes the right not to have

Their person or home searched;
Their property searched;
Their possessions seized; or
The privacy of their communications infringed.

Freedom of religion, belief and opinion
Everyone has the right to freedom of conscience, religion, thought, belief and opinion.

Freedom of expression
Everyone has the right to freedom of expression, which includes

Freedom of the press and other media;
Freedom to receive or impart information or ideas;
Freedom of artistic creativity; and
Academic freedom and freedom of scientific research.

Assembly, demonstration, picket and petition
Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions.

Freedom of association
Everyone has the right to freedom of association.

Political rights
Every citizen is free to make political choices, which includes the right -

To form a political party;
To participate in the activities of, or recruit members for, a political party; and
To campaign for a political party or cause.

Citizenship
No citizen may be deprived of citizenship.

Freedom of movement and residence

Everyone has the right to freedom of movement.
Everyone has the right to leave the Republic.
Every citizen has the right to enter, to remain in and to reside anywhere in, the Republic.
Every citizen has the right to a passport.

Freedom of trade, occupation and profession
Every citizen has the right to choose their trade, occupation or profession freely. The practice of a trade, occupation or profession may be regulated by law.

Labour relations
Everyone has the right to fair labour practices.

Every worker has the right -

To form and join a trade union;
To participate in the activities and programmes of a trade union; and
To strike.

Every employer has the right -

To form and join an employers' organisation; and
To participate in the activities and programmes of an employers' organisation.

Every trade union and every employers' organisation has the right -

To determine its own administration, programmes and activities;
To organise; and
To form and join a federation.

Every trade union, employers' organisation and employer has the right to engage in collective bargaining.

Kindly note that this is an extract from the South African Bill of Rights. The full Constitution and Bill of Rights can be viewed at htpp://www.gov.za/documents/constitution-republic-south-africa-1996

Return to main article