Constitution of the Republic of South Africa, 1996
Interpretation of Bill of Rights
- Jurisdiction
- South Africa
- Provision
- 39
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source(1) When interpreting the Bill of Rights, a court, tribunal or forum—
(a) must promote the values that underlie an open and democratic society based
on human dignity, equality and freedom;
(b) must consider international law; and
(c) may consider foreign law.
(2) When interpreting any legislation, and when developing the common law or
customary law, every court, tribunal or forum must promote the spirit, purport and
objects of the Bill of Rights.
(3) The Bill of Rights does not deny the existence of any other rights or freedoms that
are recognised or conferred by common law, customary law or legislation, to the
extent that they are consistent with the Bill.
CHAPTER 3
CO-OPERATIVE GOVERNMENT
Source record
Source and verification
Constitution of the Republic of South Africa, 1996 · justice.gov.za · Retrieved 17 August 2026.
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