FUR2601 FUNDAMENTAL RIGHTS
FI Concession
, QUESTION 1
(a) The statement that only natural persons are the bearers of the right to freedom of
religion, belief, and opinion is false. While individuals are the primary holders of this
right, juristic persons, such as religious organizations, can also claim it. This was
affirmed in Christian Education South Africa v Minister of Education (2000), where the
Constitutional Court recognized that religious institutions could invoke section 15(1) of
the Constitution of the Republic of South Africa, 1996 to protect their religious freedoms
(Christian Education South Africa v Minister of Education 2000 (4) SA 757 (CC)).
(b) The assertion that the right to freedom of religion, belief, and opinion binds all
organs of state and can also be applied in private relations under section 8(2) is true.
Section 8(2) of the Constitution explicitly states that the Bill of Rights binds private
parties where applicable. The Constitutional Court in National Coalition for Gay and
Lesbian Equality v Minister of Justice (1999) confirmed that constitutional rights could
apply in private relationships, particularly when issues of fairness, equality, and
non-discrimination arise (National Coalition for Gay and Lesbian Equality v Minister of
Justice 1999 (1) SA 6 (CC)).
(c) It is true that, in certain limited instances, juristic persons can be the bearers of
socio-economic rights. Although socio-economic rights are primarily designed to protect
individuals, the Constitutional Court has acknowledged that juristic persons may, in
specific circumstances, rely on these rights. In Government of the Republic of South
Africa v Grootboom (2001), the court interpreted socio-economic rights broadly,
particularly in relation to housing rights, demonstrating that legal entities can, in some
cases, benefit from these protections (Grootboom v Government of the Republic of
South Africa 2001 (1) SA 46 (CC)).
(d) The statement that section 29(3) requires independent educational institutions to be
registered with the state is false. Section 29(3) of the Constitution allows for the
establishment and maintenance of independent educational institutions, provided they
do not discriminate based on the grounds listed in section 9 and maintain educational
standards comparable to public institutions. However, the requirement for state
registration is not explicitly mentioned in this section. Thus, while private institutions
may be subject to state oversight, their establishment does not depend on formal
registration under section 29(3).
(e) The assertion that section 28(1)(c) grants every child the right to basic nutrition,
shelter, basic healthcare services, and social services without being subject to
progressive realization is true. Unlike other socio-economic rights that require
FI Concession
, QUESTION 1
(a) The statement that only natural persons are the bearers of the right to freedom of
religion, belief, and opinion is false. While individuals are the primary holders of this
right, juristic persons, such as religious organizations, can also claim it. This was
affirmed in Christian Education South Africa v Minister of Education (2000), where the
Constitutional Court recognized that religious institutions could invoke section 15(1) of
the Constitution of the Republic of South Africa, 1996 to protect their religious freedoms
(Christian Education South Africa v Minister of Education 2000 (4) SA 757 (CC)).
(b) The assertion that the right to freedom of religion, belief, and opinion binds all
organs of state and can also be applied in private relations under section 8(2) is true.
Section 8(2) of the Constitution explicitly states that the Bill of Rights binds private
parties where applicable. The Constitutional Court in National Coalition for Gay and
Lesbian Equality v Minister of Justice (1999) confirmed that constitutional rights could
apply in private relationships, particularly when issues of fairness, equality, and
non-discrimination arise (National Coalition for Gay and Lesbian Equality v Minister of
Justice 1999 (1) SA 6 (CC)).
(c) It is true that, in certain limited instances, juristic persons can be the bearers of
socio-economic rights. Although socio-economic rights are primarily designed to protect
individuals, the Constitutional Court has acknowledged that juristic persons may, in
specific circumstances, rely on these rights. In Government of the Republic of South
Africa v Grootboom (2001), the court interpreted socio-economic rights broadly,
particularly in relation to housing rights, demonstrating that legal entities can, in some
cases, benefit from these protections (Grootboom v Government of the Republic of
South Africa 2001 (1) SA 46 (CC)).
(d) The statement that section 29(3) requires independent educational institutions to be
registered with the state is false. Section 29(3) of the Constitution allows for the
establishment and maintenance of independent educational institutions, provided they
do not discriminate based on the grounds listed in section 9 and maintain educational
standards comparable to public institutions. However, the requirement for state
registration is not explicitly mentioned in this section. Thus, while private institutions
may be subject to state oversight, their establishment does not depend on formal
registration under section 29(3).
(e) The assertion that section 28(1)(c) grants every child the right to basic nutrition,
shelter, basic healthcare services, and social services without being subject to
progressive realization is true. Unlike other socio-economic rights that require
