Bill of Rights to the Constitution

(2) A provision of the Bill of Rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right.

(3) When applying a provision of the Bill of Rights to a natural or juristic person in terms of subsection (2), a court

in order to give effect to a right in the Bill, must apply, or if necessary develop, the common law to the extent that legislation does not give effect to that right; and

may develop rules of the common law to limit the right, provided that the limitation is in accordance with section 36(1).

(4) A juristic person is entitled to the rights in the Bill of Rights to the extent required by the nature of the rights and the nature of that juristic person.

Rights

7. (1) This 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, equality and freedom.

(2) The state must respect, protect, promote and fulfil the rights in the Bill of Rights.

(3) The rights in the Bill of Rights are subject to the limitations contained or referred to in section 36, or elsewhere in the Bill.

Application

8. (1) The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state.

(3) When applying a provision of the Bill of Rights to a natural or juristic person in terms of subsection (2), a court

in order to give effect to a right in the Bill, must apply, or if necessary develop, the common law to the extent that legislation does not give effect to that right; and

may develop rules of the common law to limit the right, provided that the limitation is in accordance with section 36(1).

(4) A juristic person is entitled to the rights in the Bill of Rights to the extent required by the nature of the rights and the nature of that juristic person.

Environment

24. Everyone has the right

to an environment that is not harmful to their health or well-being; and

to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that

prevent pollution and ecological degradation;

promote conservation; and

secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

Arrested, detained and accused persons

35. (1) Everyone who is arrested for allegedly committing an offence has the right

to remain silent;

to be informed promptly

of the right to remain silent; and

of the consequences of not remaining silent;

not to be compelled to make any confession or admission that could be used in evidence against that person;

to be brought before a court as soon as reasonably possible, but not later than

48 hours after the arrest; or

the end of the first court day after the expiry of the 48 hours, if the 48 hours expire outside ordinary court hours or on a day which is not an ordinary court day;

at the first court appearance after being arrested, to be charged or to be informed of the reason for the detention to continue, or to be released; and

to be released from detention if the interests of justice permit, subject to reasonable conditions.

(2) Everyone who is detained, including every sentenced prisoner, has the right

to be informed promptly of the reason for being detained;

to choose, and to consult with, a legal practitioner, and to be informed of this right promptly;

to have a legal practitioner assigned to the detained person by the state and at state expense, if substantial injustice would otherwise result, and to be informed of this right promptly;

to challenge the lawfulness of the detention in person before a court and, if the detention is unlawful, to be released;

to conditions of detention that are consistent with human dignity, including at least exercise and the provision, at state expense, of adequate accommodation, nutrition, reading material and medical treatment; and

to communicate with, and be visited by, that person's

spouse or partner;

next of kin;

chosen religious counsellor; and

chosen medical practitioner.

(3) Every accused person has a right to a fair trial, which includes the right

to be informed of the charge with sufficient detail to answer it;

to have adequate time and facilities to prepare a defence;

to a public trial before an ordinary court;

to have their trial begin and conclude without unreasonable delay;

to be present when being tried;

to choose, and be represented by, a legal practitioner, and to be informed of this right promptly;

to have a legal practitioner assigned to the accused person by the state and at state expense, if substantial injustice would otherwise result, and to be informed of this right promptly;

to be presumed innocent, to remain silent, and not to testify during the proceedings;

to adduce and challenge evidence;

not to be compelled to give self-incriminating evidence;

to be tried in a language that the accused person understands or, if that is not practicable, to have the proceedings interpreted in that language;

not to be convicted for an act or omission that was not an offence under either national or international law at the time it was committed or omitted;

not to be tried for an offence in respect of an act or omission for which that person has previously been either acquitted or convicted;

to the benefit of the least severe of the prescribed punishments if the prescribed punishment for the offence has been changed between the time that the offence was committed and the time of sentencing; and

of appeal to, or review by, a higher court.

(4) Whenever this section requires information to be given to a person, that information must be given in a language that the person understands.

(5) Evidence obtained in a manner that violates any right in the Bill of Rights must be excluded if the admission of that evidence would render the trial unfair or otherwise be detrimental to the administration of justice.

Limitation of rights

36. (1) The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including

the nature of the right;

the importance of the purpose of the limitation;

the nature and extent of the limitation;

the relation between the limitation and its purpose; and

less restrictive means to achieve the purpose.

(2) Except as provided in subsection (1) or in any other provision of the Constitution, no law may limit any right entrenched in the Bill of Rights.