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Bill of rights handbook
Bachelor of Laws (University of South Africa)
StuDocu is not sponsored or endorsed by any college or university
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Document 1 of 262
Source:
Bill of Rights Handbook, The/Title page
Internet: ISSN 2079-7087
Document 2 of 262
Source:
Bill of Rights Handbook, The/The Bill of Rights Handbook (6th Edition)
The Bill of Rights Handbook (6th Edition)
by
Iain Currie
Professor of Law, University of the Witwatersrand, Johannesburg
Advocate, Member of the Johannesburg Bar
Johan de Waal
Advocate, Member of the Cape Bar
in association with
The Law Society of South Africa
Document 3 of 262
Source:
Bill of Rights Handbook, The/The Bill of Rights Handbook (6th Edition)/Contents
Contents
6th Ed, 2013, p vii
Preface to the Sixth Edition
Table of Principal Works Cited
1. Introduction to the Constitution and the Bill of Rights
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lOMoARcPSD|4055155
2. Structure of Bill of Rights litigation
3. Application of the Bill of Rights
4. Justiciability
5. Jurisdiction in Bill of Rights litigation
6. Interpretation of the Bill of Rights
7. Limitation of Rights
8. Remedies
9. Equality (updated by Tembeka Ngcukaitobi)
10. Human dignity
11. Life
12. Freedom and security of the person
13. Slavery, servitude and forced labour
14. Privacy
15. Religion, belief and opinion (updated by Michael Eastman)
16. Expression
17. Assembly, demonstration and petition by Stuart Woolman
18. Association by Stuart Woolman
19. Political rights (updated by Glenda Fick)
20. Citizenship
21. Freedom of movement and residence
22. Freedom of trade, occupation and profession
23. Labour relations by John Grogan
24. Environment by Michael Kidd
25. Property (updated by Kevin Iles)
26. Socio-economic rights (updated by Jason Brickhill and Nick Ferreira)
27. Children by Ann Skelton
28. Culture, language and education
29. Just administrative action by Cora Hoexter
30. Access to information
6th Ed, 2013, p viii
31. Access to courts (updated by Kevin Iles)
32. Arrested, detained and accused persons by PJ Schwikkard
33. States of emergency
Table of Cases
Index
Document 4 of 262
Source:
Bill of Rights Handbook, The/The Bill of Rights Handbook (6th Edition)/Preface to the Sixth Edition
Preface to the Sixth Edition
6th Ed, 2013, p v
This is the sixth edition of The Bill of Rights Handbook, first published in 1998. The first
edition of the Handbook was an expanded version of a set of notes that had been compiled in
1995. The notes were intended to provide candidate attorneys with a guide to the brave new
world of Bill of Rights litigation, and were a joint project of the Practical Legal Training Unit of
the Law Society (then called the Association of Law Societies) and the Human Rights
Education Project of Lawyers for Human Rights.
In the preface to the first edition we wrote that the Handbook answered a ‘need among
Downloaded by CELENE PILLAY ()
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, http://ipproducts.jutalaw.co.za/nxt/print.asp?NXTScript=nxt/gateway.d...
lOMoARcPSD|4055155
students, candidate attorneys and practitioners for a clear, comprehensive and practically-
orientated guide to the revolutionary changes to the legal system brought about by the Bill of
Rights’. Some fifteen years and five editions later, it remains our aim that the Handbook will
provide a clear and comprehensive guide to the jurisprudence on the South African Bill of
Rights. The book is therefore not a treatise on constitutional law in general, nor does it cover
the body of statutory rights put in place since 1994 in compliance with the duty to respect,
protect, promote and fulfil the rights in the Bill of Rights. We are also, to our regret, unable to
deal systematically with the exceptionally rich body of academic literature in this field. The
Handbook’s focus remains, as it has since its first edition, on the jurisprudence interpreting
and directly applying the Bill of Rights.
For the sixth edition we have incorporated new case law and statutory developments since
March 2005. The scale of those developments in a number of areas required the assistance of
authors who have contributed entirely new chapters for this edition: John Grogan (Labour
relations), Cora Hoexter (Just administrative action), Michael Kidd (Environment), PJ
Schwikkard (Arrested, detained and accused persons) and Ann Skelton (Children). We have
also called on the services of outside contributors to assist in updating several of the existing
chapters. We thank all academics and practitioners who have assisted with the new edition.
Our sincere thanks go to Edmund Beerwinkel, Linda van de Vijver and the Juta team, who
have provided exceptional editorial services for this edition. As always, we must record our
appreciation for the support we have received, since the inception of the Handbook project,
from the Law Society of South Africa and, in particular, from the Director of the LSSA’s LEAD
division, Nic Swart.
Michael Meyersfeld kindly gave permission to use his photograph of the Nelson Mandela
Bridge in Braamfontein for the cover of the sixth edition. The photograph evokes Etienne
Mureinik’s justly influential description of the interim Constitution as a bridge from a culture of
authoritarianism to a culture of justification. The phrase captures at once the idealism of the
South African constitutional project and its
6th Ed, 2013, p vi
simultaneous pragmatism: the unpromising territory in which it was anchored, but from which
it had decisively turned away.
Iain Currie
Johan de Waal
June 2013
Document 5 of 262
Source:
Bill of Rights Handbook, The/The Bill of Rights Handbook (6th Edition)/Table of Principal Works Cited
Table of Principal Works Cited
6th Ed, 2013, p 1
Baxter Administrative Law Lawrence Baxter Administrative Law (Juta, 1984)
Gretchen Carpenter Introduction to South African
Carpenter Constitutional Law
Constitutional Law (Butterworths, 1987)
Iain Currie The Promotion of Administrative Justice
Currie Promotion of Administrative Justice Act
Act: A Commentary 2 ed (Siberink, 2007)
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Bill of rights handbook
Bachelor of Laws (University of South Africa)
StuDocu is not sponsored or endorsed by any college or university
Downloaded by CELENE PILLAY ()
, http://ipproducts.jutalaw.co.za/nxt/print.asp?NXTScript=nxt/gateway.d...
lOMoARcPSD|4055155
Document 1 of 262
Source:
Bill of Rights Handbook, The/Title page
Internet: ISSN 2079-7087
Document 2 of 262
Source:
Bill of Rights Handbook, The/The Bill of Rights Handbook (6th Edition)
The Bill of Rights Handbook (6th Edition)
by
Iain Currie
Professor of Law, University of the Witwatersrand, Johannesburg
Advocate, Member of the Johannesburg Bar
Johan de Waal
Advocate, Member of the Cape Bar
in association with
The Law Society of South Africa
Document 3 of 262
Source:
Bill of Rights Handbook, The/The Bill of Rights Handbook (6th Edition)/Contents
Contents
6th Ed, 2013, p vii
Preface to the Sixth Edition
Table of Principal Works Cited
1. Introduction to the Constitution and the Bill of Rights
Downloaded by CELENE PILLAY ()
1 of 796 08/08/2015 2:51 AM
, http://ipproducts.jutalaw.co.za/nxt/print.asp?NXTScript=nxt/gateway.d...
lOMoARcPSD|4055155
2. Structure of Bill of Rights litigation
3. Application of the Bill of Rights
4. Justiciability
5. Jurisdiction in Bill of Rights litigation
6. Interpretation of the Bill of Rights
7. Limitation of Rights
8. Remedies
9. Equality (updated by Tembeka Ngcukaitobi)
10. Human dignity
11. Life
12. Freedom and security of the person
13. Slavery, servitude and forced labour
14. Privacy
15. Religion, belief and opinion (updated by Michael Eastman)
16. Expression
17. Assembly, demonstration and petition by Stuart Woolman
18. Association by Stuart Woolman
19. Political rights (updated by Glenda Fick)
20. Citizenship
21. Freedom of movement and residence
22. Freedom of trade, occupation and profession
23. Labour relations by John Grogan
24. Environment by Michael Kidd
25. Property (updated by Kevin Iles)
26. Socio-economic rights (updated by Jason Brickhill and Nick Ferreira)
27. Children by Ann Skelton
28. Culture, language and education
29. Just administrative action by Cora Hoexter
30. Access to information
6th Ed, 2013, p viii
31. Access to courts (updated by Kevin Iles)
32. Arrested, detained and accused persons by PJ Schwikkard
33. States of emergency
Table of Cases
Index
Document 4 of 262
Source:
Bill of Rights Handbook, The/The Bill of Rights Handbook (6th Edition)/Preface to the Sixth Edition
Preface to the Sixth Edition
6th Ed, 2013, p v
This is the sixth edition of The Bill of Rights Handbook, first published in 1998. The first
edition of the Handbook was an expanded version of a set of notes that had been compiled in
1995. The notes were intended to provide candidate attorneys with a guide to the brave new
world of Bill of Rights litigation, and were a joint project of the Practical Legal Training Unit of
the Law Society (then called the Association of Law Societies) and the Human Rights
Education Project of Lawyers for Human Rights.
In the preface to the first edition we wrote that the Handbook answered a ‘need among
Downloaded by CELENE PILLAY ()
2 of 796 08/08/2015 2:51 AM
, http://ipproducts.jutalaw.co.za/nxt/print.asp?NXTScript=nxt/gateway.d...
lOMoARcPSD|4055155
students, candidate attorneys and practitioners for a clear, comprehensive and practically-
orientated guide to the revolutionary changes to the legal system brought about by the Bill of
Rights’. Some fifteen years and five editions later, it remains our aim that the Handbook will
provide a clear and comprehensive guide to the jurisprudence on the South African Bill of
Rights. The book is therefore not a treatise on constitutional law in general, nor does it cover
the body of statutory rights put in place since 1994 in compliance with the duty to respect,
protect, promote and fulfil the rights in the Bill of Rights. We are also, to our regret, unable to
deal systematically with the exceptionally rich body of academic literature in this field. The
Handbook’s focus remains, as it has since its first edition, on the jurisprudence interpreting
and directly applying the Bill of Rights.
For the sixth edition we have incorporated new case law and statutory developments since
March 2005. The scale of those developments in a number of areas required the assistance of
authors who have contributed entirely new chapters for this edition: John Grogan (Labour
relations), Cora Hoexter (Just administrative action), Michael Kidd (Environment), PJ
Schwikkard (Arrested, detained and accused persons) and Ann Skelton (Children). We have
also called on the services of outside contributors to assist in updating several of the existing
chapters. We thank all academics and practitioners who have assisted with the new edition.
Our sincere thanks go to Edmund Beerwinkel, Linda van de Vijver and the Juta team, who
have provided exceptional editorial services for this edition. As always, we must record our
appreciation for the support we have received, since the inception of the Handbook project,
from the Law Society of South Africa and, in particular, from the Director of the LSSA’s LEAD
division, Nic Swart.
Michael Meyersfeld kindly gave permission to use his photograph of the Nelson Mandela
Bridge in Braamfontein for the cover of the sixth edition. The photograph evokes Etienne
Mureinik’s justly influential description of the interim Constitution as a bridge from a culture of
authoritarianism to a culture of justification. The phrase captures at once the idealism of the
South African constitutional project and its
6th Ed, 2013, p vi
simultaneous pragmatism: the unpromising territory in which it was anchored, but from which
it had decisively turned away.
Iain Currie
Johan de Waal
June 2013
Document 5 of 262
Source:
Bill of Rights Handbook, The/The Bill of Rights Handbook (6th Edition)/Table of Principal Works Cited
Table of Principal Works Cited
6th Ed, 2013, p 1
Baxter Administrative Law Lawrence Baxter Administrative Law (Juta, 1984)
Gretchen Carpenter Introduction to South African
Carpenter Constitutional Law
Constitutional Law (Butterworths, 1987)
Iain Currie The Promotion of Administrative Justice
Currie Promotion of Administrative Justice Act
Act: A Commentary 2 ed (Siberink, 2007)
Downloaded by CELENE PILLAY ()
3 of 796
08/08/2015 2:51 AM
